1st Ten AmendmentsUnit 2: National, State& Local Government

1-25-16

Starter….1-26-16How does the Constitution protect establishes rights and liberties?Agenda:

- 1st ten amendments: Short video clip on the Tinker vs. Des Moines School District

- Foldable on amendments (R.A.P.P.S)

- Students will continue to work on vocabulary (if not completed from Monday)

***4th Block test corrections...first 10min. of class

-Copy down starter and work on test corrections!!!

First Amendment….#1 Freedoms:R.A.P.P.S: http://amendingtheconstitution.weebly.com/rapps.html

Founders believed in protecting individuals rights. Added in 1791...the 10 amendments in the Bill of Rights place a strict limit on how the national government can use its power

What are the rights of individuals? What do the rights protect?

Civil Liberties--freedoms we have to think act without gov’t interference or fear of unfair treatment

Freedom of Religion--intolerance of different beliefs in their homeland

Two ways 1st amendment creates a safe zone of religious freedoms: prohibits Congress from establishing religion in the U.S--Known as the establishment clause (1802)

Thomas Jefferson’s “wall of separation of church and state”

1st continued...How does this make the U.S different from other countries?

State religion is established. It makes us different from nations that have in the past strongly discouraged the practice of religion at all. For example...the Soviet Union

Freedom of Speech

Freedom of PressExpress yourself in print and speech (Today, press includes: T.V, radio, computer

networks)

The Gov’t cannot practice censorship, which is banning books etc. “just because” it might contain offensive ideas/beliefs/or information

The Zenger Case….1773Publisher John Peter Zenger, owner of New-York Weekly Journal, was arrested for criticizing the governor of New York.

Zenger's lawyer argued that only a press free to criticize the government could prevent that government from abusing its power.

Today it is regarded as a landmark in development of free press in America.

Landmark Supreme Court Cases...

Tinker v. Des Moines School District:

Lawsuit filed against an Iowa school district which had punished (suspended) students for wearing armbands to school in protest of the Vietnam War in 1965. Case was decided in 1969.

Who Participated?

Mary Beth Tinker and her brother John Tinker, Petitioner in Tinker v. Des Moines

Maryam Ahranjani, American University Law Professor

Video Clip: https://www.youtube.com/watch?v=SqQvygBVSxA

Freedom of AssemblyRight to gather in group for any reason

Peaceful assembly!

Attend meetings, parades, political rallies

Public Celebrations

Gov’t can make rules on such activities but can not ban them!

Protects one to join social clubs, political parties labor unions, and other organizations.

ALthough you have the right to press and speech, this does not allow one to have absolute freedom!

For example, does not include the right to endanger our government or other Americans!

Can not provoke a riot

speak or write any way to lead to criminal activities or overthrow the gov’t

Use your freedoms responsible!

Do not slander (spoken lies)

Libel (if lies are printed)

NEVER attend for Americans to do what they want!

Limits of the 1st Amendment...

Rights of Others

Your Rights

1st Amendment

2nd Amendment...The tricky amendment…. Debate over the rights under the 2nd

amendmentstate can maintain “a well-regulated militia” by allowing the members of those

militias to carry arms (gun)

The other debate… that the 2nd amendment guarantees the right to all individual citizens to “keep and bear arms” without government interference.

Courts have ruled that the gov’t can pass laws to control, but not prevent the possession of weapons

For example: federal and state laws determine who can be licensed to own firearms

3rd AmendmentSoldiers may not move into your house!

Relating back to the American Revolution when colonists had to (by law) house & feed British Soldiers

Americans will never be forced to house

soldiers again.

4th Amendment..Protects the rights of unreasonable searches and seizures

No gov’t agent, officer, soldier can take you property without probable or valid cause

If officers believe you have committed a crime, a judge can issue a search warrant (allows officers to look for evidence against you) They must be convinced that the search warrant will allow them to turn up evidence against you.

5th Amendment...Protects rights of the accused

Accused of crimes

No one can be put to trial for serious federal crime without an indictment (formal charge) by a group of citizens

Grand Jury (group of citizens) (review the evidence)

Double Jeopardy---People accused of a crime and found not guilty, may not be put on trial again for the same crime

Right to remain silent, cannot be forced to testify

No one may be denied life, liberty, or property…”without due process of law”

Due process: following established legal procedures

protects property rights: limits gov’t power of Eminent Domain (lookup Eminent domain pg. 128)

For example of Eminent Domain..If a highway is to be built, gov’t can destroy your house. But the 5th amendment states that the gov’t must pay a fair price for the property.

6th Amendment...Guarantees additional rights to people accused of crimes.

Requires that they be told the exact nature of the charges against them

Accused to be tried by jury (who makes up the jury?)

If the accused asks for a trail, it must be speedy and public and jury must be impartial and (if possible, held in the same area in that the crime took place).

Have the right to hear and question all witnesses against them

Call a witnesses in their own defense

Entitled to a lawyer

Since the 6th amendment, the Supreme Court has ruled that if one cannot afford one, one (lawyer) will be appointed to them ( the government)

7th Amendment...Civil Cases:Lawsuits that involve or contain disagreements between people rather than crimes

Right to jury trial in federal courts to settle all disputes about property worth more than $20.00

Both parties in a conflict agree, however a judge rather than a jury may hear the evidence and settle the case.

8th Amendment...Right to Bail

6th amendment states right to a speedy trial but it can take months for a trail

Right to bail (sum of money used as a security deposit, if the person comes to court, the money is returned)

But not “excessive bail”---amount that is much too high (Can not pay)

Factors are considered: according to the crime, record of the accused, and the likelihood that the accused will appear in court.

●Forbids “cruel and unusual punishment” Punishment must be balanced with the crime committed.

9th Amendment...

States that all other rights not spelled out in the Constitution are “retained by the people”.

This prevents the government from claiming that the rights people have are those listed in the Bill of Rights.

Makes it clear that people have rights beyond the Constitution and those rights may not be taken away.

10th Amendment...

The 1st eight amendments, grants the people rights (you and I)

The 9th: rights guaranteed in the Constitution are not the only rights (you and I ) have

The 10th states that any powers the Constitution does not specifically give to the national government are reserved for the states and for the people.

The federal government is limited

Prevents Congress and the President from becoming too strong

The GOv’t can only have the powers the people give it

Exit: Review...NCES.CE. C&G 1.2

Which phrase best defines the concept of inalienable rights?

a. rights denied to constitutional monarchs

b.rights granted to elected officials by the people

c. rights that are unable to be infringed upon

d.rights that are outlined in government documents