Reading your rights

2. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Foundations in the British Tradition • Read each of the following foundational documents: • Magna Carta • English Bill of Rights • John Locke’s 2nd Treatise For each document, complete the chart provided. Focus especially on the elements that are seen in our American democracy today.

3. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Foundation Documents Document Adopted by Americans… Magna Carta (1215) • Establishment of a representative legislature to determine taxes (#14) • Similar to our Congress • Protection from illegal seizure of property (#9) • U.S. Amendments 4 and 5 • Punishments must fit the crime (#20) • U.S. Amendment 8 • Right to a trial by a jury of your peers (#39) • U.S. Amendment 6 • When on trial for a crime, one can have witnesses for their defense (#38) • U.S. Amendment 6

4. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Foundation Documents Document Adopted by Americans… English Bill of Rights 1689 Following Glorious Revolution and ousting of King James II List of rights accepted by new monarchs, William and Mary • Monarch must accept limits placed upon them by Parliament, including Parliament’s power of the purse. • U.S. system of check and balances • King may not keep a standing army in times of peace and require subjects to house/feed them (quartering) • U.S. Amendment #3 • No excessive bail/fines/punishments can be required • U.S. Amendment #8 • Subjects can petition the monarch (criticize for wrongdoing) without fear of punishment • U.S. Amendment #1

5. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Foundation Documents Document Adopted by Americans… 2nd Treatise of Government by John Locke, 1690 Establishes idea of Contract Theory of Government Legitimizes Glorious Revolution and ousting of James II for violation of subjects’ natural rights. • Governments are granted their power by the governed. The two groups enter into a contract for purposes of security. • When the legislative body, made up of elected representatives, is altered or ignored by a Prince, the government is dissolved. • When the legislative body acts contrary to the wishes of the people they represent, the government is dissolved. • The people then have the right to form a new government.

7. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Some Preliminary Remarks… The rights afforded to U.S. citizens are meant to protect us from a tyrannical government. Therefore, only agents of the government (federal, state, or local) can be accused of violating your rights. Children cannot sue their parents for violating their rights. DeShaney v. Winnebago County Social Services (1989) Court rules against a minor who sues his parents for violating his 14th Amendment rights Claimed his life and liberty were being jeopardized by his parents due to abuse.

8. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Some Preliminary Remarks… As minors, the rights of U.S. citizens are not fully granted to you. This is especially the case in a school environment, where teachers and administrators act in loco parentis for your safety and to ensure that the educational objectives of the school are being met. Also:

9. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 1: Freedom of Speech □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate For Them, Then: Played an important role in gaining support for and winning independence. Under the articles, criticism of the state government was repressed in Massachusetts.

10. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 1: Freedom of Speech • For Us, Now: • Tinker v. DesMoines (1969) – students are allowed free expression as long as it doesn’t jeopardize the educational mission of the school. • Bong Hits for Jesus (2002)? (Morse v. Frederick, 2007) • Speech is not protected if it poses a clear and present danger to the safety of others. • Slander and libel are also not protected.

11. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 1: Freedom of Press □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate • For Them, Then: • Newspapers spread information about pre- revolutionary events and published the essays written during the Ratification Debate. • A free press is considered necessary for a well-informed citizenry – which is necessary for a viable democracy.

12. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 1: Freedom of Press For Us, Now: Administrators can censor school publications that jeopardize the educational environment or school mission. New York Times v. U.S. (1971): the government cannot censor the press, especially information that is critical of it.

13. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 1: Freedom of Religion □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate • For Them, Then: • Separatists, Puritans, Quakers, Catholics, Jews and people of other faiths came to the colonies because their countries had official religions that they didn’t agree with and/or criticized. • In England, the Church of England was headed by the King.

14. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 1: Freedom of Religion • For Us, Now: • Schools cannot require or coerce students to take part in religious acts (including prayer) • Schools also cannot exclude specific religious or political clubs – if one is offered, all must have the opportunity.

15. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 1: Freedom of Petition and Assembly □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate For Them, Then: The Magna Carta was an early list of grievances, setting a precedent for petition of the government. The English Bill of Rights protected the right to bring grievances against the government without fear of punishment.

16. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 1: Freedom of Petition and Assembly • For Us, Now: • With proper permits, groups can hold public rallies (assemble)… regardless of their beliefs. • Your right to petition any level of government must be protected.

17. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 2: Right to Bear Arms □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate For Them, Then: Language of amendment says that it is necessary for people to have the right to bear arms to keep a well- regulated militia. Came out of fear of a standing army in times of peace. Volunteer soldiers provided protection (militia)

18. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 2: Right to Bear Arms • For Us, Now: • Some weapons are restricted and limitations are placed on purchasing weapons in certain states. • Issues with shootings and gun control… Can the government restrict this right in the name of public safety?

19. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 3: Protection from Quartering □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate For Them, Then: Included in English Bill of Rights In the years leading up to and during the American Revolutionary War, American citizens were required to house and feed British troops. Some citizens were forced out of their homes, which were then inhabited by British officers.

21. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 4: Protection from Illegal Search and Seizure □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate • For Them, Then: • Life, Liberty, and Property – one of your natural rights. • In the years leading to the Revolutionary War, businesses, ships, and homes were searched without warrants in the name of ending smuggling.

22. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 4: Protection from Illegal Search and Seizure • For Us, Now: • Police must have a search warrant issued by a judge to search your property, unless the officer is in “hot pursuit”, or has reasonable suspicion of probable cause to commit a crime. In Schools: Random drug tests for athletes are allowed. Schools can search lockers and backpacks with reasonable suspicion.

23. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 5: Due Process Rights □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate For Them, Then: The Magna Carta stated that legal procedures must be followed from the time of arrest to trial to punishment. Subjects feared being jailed without just cause or being forced to testify in court because of threat of violence.

24. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 5: Due Process Rights • For Us, Now: • Guarantee of Due Process: Proper procedures must be followed. • Protection from Double Jeopardy – if acquitted in court (found not guilty), you cannot be tried for the same offense again. • Protection from self-incrimination – You cannot be forced to testify against yourself • “Pleading the 5th”

25. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 6: Rights of the Accused □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate For Them, Then: Feared being locked up for a long period without hearing charges or going to trial. Colonists accused of smuggling were put before courts without juries, only court appointed judges (violation of Magna Carta and English Bill of Rights)

26. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 6: Rights of the Accused • For Us, Now: • Right to a speedy, public, trial by jury • Right to an attorney • Right to confront witnesses • Miranda v. Arizona (1966): You must be made aware of your rights when accused of a crime 5th Amendment 6th Amendment

27. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 7: Right to a Jury Trial in Civil Cases □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate For Them, Then: Property is one of our natural rights Amendment states that you can have a jury determine the outcome of a lawsuit if the property in question is worth at least $20

28. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 7: Right to a Jury Trial in Civil Cases • For Us, Now: • If you sue an individual or corporation for damages to property or pain and suffering, a jury can determine the outcome of the case if the amount of the suit is in excess of $75,000 Liebeck v. McDonald's Restaurants (1994)

29. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 8: Protection from Cruel and Unusual Punishments □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate For Them, Then: Granted by Magna Carta and English Bill of Rights In 1791, torture, mutilation, floggings, and slow executions were used as punishments in other nations

30. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 8: Protection from Cruel and Unusual Punishment • For Us, Now: • Death penalty for juveniles has been ruled unconstitutional. • Life sentences for juveniles for non-capital crimes has also been ruled unconstitutional. • Juveniles can be tried as adults. • Schools can use corporal punishment.

32. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 9: Rights Retained by the People □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate To Them, Then: During the Ratification Debate, many argued that listing the rights would limit which rights we are entitled to. What if a question emerges about your right to an undefined right?

33. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 9: Rights Retained by the People • For Us, Now: • If you claim a right that has not been specifically listed, it is up to the courts to decide if it is truly a right. • Examples of 9th Amendment cases: • Most involve the Right to Privacy • The right to use birth control • The right of gay couples to engage in intercourse

34. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 10: Rights Retained by the States □ English Law □ Enlightenment Philosophy □ Experiences of the Colonists □ Experiences under the Articles □ Ratification Debate To Them, Then: During the Ratification Debate, Antifederalists feared that the new, stronger federal government would strip powers away from the states. They wanted a guaranteed federal system, with powers divided between the federal and state governments.

35. ©2016 Cincinnati Public Radio - 2016 Elizabeth Ormsby Amendment 10: Rights Retained by the States • For Us, Now: • If a government power isn’t specifically granted to the federal government (an enumerated power), it belongs to the state governments (a reserved power). • Examples: • Issuing drivers licenses • Issuing marriage licenses • Establishing speed limits • Jurisdiction over public education

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