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.

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Transcript 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