The Bill of Rights The First 10 Amendments Sources: http://www.slideshare.net/tenneys/the-bill-of-rights-295915 The 1st Amendment 5 Protected Rights : 1.
Download ReportTranscript The Bill of Rights The First 10 Amendments Sources: http://www.slideshare.net/tenneys/the-bill-of-rights-295915 The 1st Amendment 5 Protected Rights : 1.
The Bill of Rights The First 10 Amendments Sources: http://www.slideshare.net/tenneys/the-bill-of-rights-295915 The 1st Amendment 5 Protected Rights : 1. Religion 2. Speech 3. Press 4. Assembly IMAGES ENHANCES RETENTION BY 300% 5. Petition Religion Establishment clause “Separation of Church & State” The Government Can… • Teach about religions in school • Transport students to a religious school Religion Establishment clause “Separation of Church & State” The Government Cannot… • Set a state religion • Order prayer • Create laws that help or harm religion • Teach religious doctrine in the school • Pay seminary teachers QUESTION: Do you think that the government can teach creationism or IMAGES ENHANCES RETENTION BY 300% intelligent design? Explain. Respond in margin WOW! This is a picture of torture during the Spanish Inquisition IMAGES ENHANCES RETENTION BY 300% Religion Free Exercise Clause People Can… People Cannot… • • • Choose & practice their religion Celebrate holidays • • Break the law and claim it is religious belief Raise children without education Deprive children of basic needs Free speech People CAN… • • • • • State their political beliefs including criticizing govt Protest (without getting out of control) Say things about someone that are true Making racist remarks Expression: gestures (I.e., staying seated during Pledge, wearing a peace armband, burning the flag etc), art, banners, lyrics, posters The Tinker Case Free speech People CANNOT (limits on speech)… • • • • Incite (start) riots/violence Make Threats (I.e., to blow up airplanes) Sexually harass Commit slander (untruthful spoken words that damages • Clear and Present Danger: Put the public in danger (I.e., yelling “Fire!” in a crowded theater) Obscenities in a public forum Disrespectful, vulgar language in schools • • another’s reputation) or libel (see freedom of the press) Modesty patch Hey! Can they do that? Respond in margin. The Press Can… • • • • Freedom of the Press Print any political position Satirize people, especially politicians Expose wrongs by the government Report the news even controversial events & issues Question: How does freedom of the press prevent the abuse of power? Give an example. Respond in margin. Freedom of the Press The Press Cannot… Commit Libel: intentionally injuring a person’s reputation by false facts through written word Freedom of Assembly People Can… • • • • Protest (with permit) Parade (with a permit) Parade chanting hate slogans Congregate in public IMAGES ENHANCES RETENTION BY 300% Freedom of Assembly People Cannot… • • • • Protest by throwing rocks and breaking windows Hang out on private land against owners will - loitering Break Teen curfew Incite a riot (i.e., during a protest calling police officers “pigs!”) Petition • You may sue the government for wrongs. This is known as a redress of grievances. • Write and sign petitions to gov’t officials. 2nd Amendment Right to Keep & Bear Arms • Do you have the rights to own ANY weapons? • Should only military people possess weapons? • What is a weapon? The worst weapon known to man in 1791 would have been a cannon. 3rd Amendment Quartering Soldiers • Created in response to the British laws before the Revolution. • No real importance today, other than the fact that it shows that we have a right to privacy in our homes. Imagine your teacher... …takes you to the computer lab. The girls take their purses. At the end of class, a girl screams, “Someone took my iPhone!” The only person that could have taken it is in the class. For this activity, let’s assume no one left the room at any time. http://www.slideshare.net/lntrullin th 4 Amendment Search & Seizure • Plain View: if they see something in plain sight it constitutes PROBABLE CAUSE • Restricts police from stopping & searching you without a reason: PROBABLE CAUSE • Probable cause: reasonable belief that someone commited a crime (i.e., fingerprints, on video tape) • Stop and Frisk (i.e., airports) • A search warrant must be specific as to the place to be searched. It must be signed by a judge. • Exclusionary rule: if a judge determines that the search was illegal, even if they find evidence, they CANNOT use that in court Criminal Justice 5th Amendment Rights of the Accused “Grand Jury”: Determines there is sufficient evidence for a trial; if yes, an idictment would be issued. “Indict” means to bring formal charges against. “Habeas Corpus”: They cannot hold u indefinitely; must be told the charges against u You cannot be tried for the same crime twice “Double Jeopardy” You do not have to testify against your self (self-incrimination). Miranda Court Case = Miranda rights “I plead the fifth” Steps from arrest to conviction must be fair. “Due Process” The government cannot take private property for public use unless it pays (i.e., the need to build a road) “eminent domain” Punishment=jail time, death, probation Criminal Justice 6th Amendment Right to a Fair, Public, Speedy Trial 1. Right to a speedy trial. 2. Right to a public trial. 3. Right to a Trial by Jury 4. Confront witnesses. 5. Right to an Attorney. – – Unanimous decision “beyond a reasonable doubt” Civil Court 7th Amendment Right to a Trial by Jury in Suits of Common Law Punishment=$ &/or property • Sue for breach (break) of contract (not paying the rent), injuries & damages(I.e., car accident) • In civil cases, you are allowed to have a trial by jury. They rule in the favor of one party and the decision doesn’t have to be unanimous – “preponderance of evidence” • It is possible to be tried both a criminal court & a civil court. 8th Amendment Excessive Bail, Cruel & Unusual Punishment Bail: money you pay to get out of jail while you wait for a trial. The money is returned when you show up for court. QUESTION: Should we deny bail to terrorist suspects? QUESTION: Is the death Penalty “cruel” or “unusual” punishment? 9th Amendment Rights Retained by the People • We have SOOOO many rights…can never list them all…SOOOO…this Amendment “covers all the bases” • Any rights not spelled out in the Constitution, then belonged to the people. • Example: The right to walk your dog, to travel on vacation, to have a family, to ride your bike, to read a book, etc… 10th Amendment Powers Reserved for States & People Any powers not spelled out in the Constitution belong to the states (education, marriage, divorce, etc) Patty O’Furniture Example: the Constitution is silent about driving a car. The power to grant licenses is a power of the states. Each state has its own law. – Driving Age • 15 - South Carolina • 16 - Ohio