PROMPT: List at leas 2 legal doc t uments that list hu man rights Write resp . onse in margin. The Bill of Rights The First 10 AmendmentsSources: http://www.slideshare.net/tenneys/the-bill-of-rights-295915
The 1 st Amendment Congress s hall make no la w that infringes o n the peoples rig ht to … 5 Freedoms: 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
QUESTION : A monumen WWI cross Religion Establishment clause t was insta public land lled s. A Buddh on requested ist the right t install a m o onument n “Separation of Church & State” He was de earby. nied. Wa fair accord s this ing to the 1 st Am endment?The Government Cannot… Set a state religion (cannot favor 1 religion over another) Order prayer Create laws that help or harm religion Teach religious doctrine in the school Pay seminary teachers IMAGES ENHANCES RETENTION BY 300% QUESTION: Do you think that the government can require public schools to teach creationism or intelligent design? Explain. Respond in margin
QUESTION : How doe this pictur s e and the o on the pre vious slide ne WOW! This is a demonstra for separa te the nee Pon of chu d picture of tortureand state ( rch Respond in GOVT)? during the Spanish margin. Inquisition IMAGES ENHANCES RETENTION BY 300%
Religion Free Exercise Clause “Freedom to PRACTICE”People Can… People Cannot… Choose & Break the law practice their and claim it is religion religious belief Celebrate Raise children holidays without education Deprive children of basic needs
Free speechPeople CAN… State their political beliefs including criticizing govt Peacefully Protest Say things about someone that are true Make racist remarks Expression: gestures(I.e., staying seated duringPledge, wearing a peace armband,burning the flag etc), art,banners, lyrics, posters The Tinker Case
LIMITS ON SpeechPeople CANNOT• Clear and Present Danger • Put the public in danger (I.e., yelling “Fire!” in a crowded theater) • Incite (start) riots/violence• Make Threats (I.e., to blow up airplanes)• Harass• Commit slander: untruthful spoken words that damages another’s reputation• Commit libel (see freedom of press)• Use obscenities in a public forum• Disrespectful, vulgar language in schools Modesty patch
Freedom of the PressThe Press Can…• Print any political position• Satirize people, especially politicians• Expose wrongs by the government• Report the news even controversial events & issuesQuestion: How does freedomof the press prevent the abuseof power? Give an example.Respond in margin.
LIMITS ON Free Press The Press Cannot… Commit Libel: intentionally injuring a person’s reputation by false facts through written word
Freedom of Assembly QUESTION ? Freedom o Why is f Assembly an importa nt right? Why do p eople assemble ( gather)? People Can…• Protest (with permit)• Parade (with a permit)• Parade chanting hate slogans• Congregate in public BY 300% IMAGES ENHANCES RETENTION
LIMITS ON Freedom of Assembly People Cannot… • Protest using violence or vandalism ( i.e. throwing rocks and breaking windows) • Loitering: Hang out on private land against owners will • Break Teen curfew • Incite a riot (i.e., during a protest calling police officers “pigs!”)
QUESTION : Is this assembly protected? Explain. R espond in margin.
Petition• You may sue the government for wrongs. This is known as a redress of grievances.• Write and sign petitions to govt officials.
2nd Amendment Right to Keep & Bear Arms Research: What countries do not allow their citizens to keep and bear arms?The worst weapon known to man in 1791 would have been a cannon.
3rd AmendmentNo Quartering of Soldiersdon’t have to lend your home during times of peace • 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.
QUESTION : Imagine yourWhat shou ld happen ne teacher... xt?…takes you to the computerlab. The girls take theirpurses. At the end of class, agirl screams, “Someone tookmy iPhone!” The only personthat could have taken it is inthe class.For this activity, let’s assume no oneleft the room at any time.http://www.slideshare.net/lntrullin
4th Amendment Search & Seizure• Plain View: if they see something in plain sight it constitutes A search warrant PROBABLE CAUSE must be specific as to the place to be searched. It• Probable cause (i.e., fingerprints, must be signed by a video tape): reasonable belief that judge. someone commited a crime; it restricts police from stopping & searching you without a reason Exclusionary rule: if a judge determines that the search was illegal, even if they find evidence• Police can Stop and Frisk (i.e., (like a body), they airports) CANNOT use that in court
Criminal 5th Amendment Punishment=jail time, death, Justice Rights of the Accused probation 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”“Grand Jury”: Steps from arrest to convictionDetermines there is sufficient evidence for a trial; if yes, an must be fair. idictment would be issued. “Due Process” “Indict” means to bring formal The government cannot take private charges against. property for public use unless it“Habeas Corpus”: They cannot hold pays (i.e., the need to build a road) u indefinitely; must be told the “eminent domain” charges against you
6th Amendment Right to a Fair, Public,Criminal Speedy TrialJustice 1. Right to a speedy trial. 2. Right to a public trial. 3. Right to a Trial by Jury – Unanimous decision – “beyond a reasonable doubt” 4. Confront witnesses. 5. Right to an Attorney.
Civil Court 7th Amendment Punishment Right to a Trial by Jury =$ &/or property in Suits of Common Law • Sue for breach (break) of contract (i.e.,not paying the rent), injuries & damages(I.e., car accident) • In suits of common law, 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 PunishmentBail: money (collateral) you Cruel & Unusual Punishment:pay to get out of jail while you the punishment must fit the crimewait for a trial. Atkins v. Virginia (2002)The money is returned when execution of mentally retardedyou show up for court. If you persons is cruel & unusualfail to show you forfeit (LOSE) punishment.the money.Bail is based on your social Roper v. Simmons (2005)status, wealth, crime, execution of those that committedopportunity for flight. their crime under the age of 18 isreputation, ties to the cruel & unusual punishmentcommunity, etc.
9th Amendment Rights Retained by the PeopleWe have SOOOO many rights it would beIMPOSSIBLE to list them all…SOOOO…thisAmendment “covers all the bases”• Any rights not spelled out in the Constitution, then belonged to the people.• Examples: The right to walk your dog, to travel on vacation, to have a family, to ride your bike, to read a book, etc…
10th AmendmentPowers Reserved for States & People Any powers not spelled out in the Constitution belong to the states (education, marriage, divorce, etc) 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