civics: government and economics in action 1 chapter 6: the bill of rights
TRANSCRIPT
Civics: Government and Economics in Action
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Chapter 6: The Bill of Rights
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Chapter Links
Section 1“Adding the Bill of Rights”
Section 2“Protections in the Bill of Rights”
Section 3“Interpreting the Bill of Rights”
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Section Outline:I. The Amendment Process
II. The Debate in Congress
Main Idea:
After some debate, the Bill of Rights was added to the Constitution to protect Americans’ individual rights and freedoms.
Key Terms:•Bill of Rights•Amendment Process•Convention
Section 1“Adding the Bill of Rights”
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The Amendment Process• Bill of Rights
– List of citizens rights– Civil Liberties – basic freedoms given at birth – Civil Rights – rights that come with being a
member of society.
• Amendment Process– The way which changes are added to the
Constitution.
• Amendment Process– The way which changes are added to the
Constitution.
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First Principles for the 1st Amendment1.) The 1st Amendment affirms the freedom of
the individual. 2.) Free expression is the foundation of
democracy.3.) The 1st tells the govt. to keep its “hands
off” our religion, ideas, and our ability to express ourselves.
4.) Other people have rights too.5.) When rights collide, govt. must balance
them.6.) The 1st Amendment helps us make choices.
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Protections of Individual Freedoms• The 1st Amendment
1.Freedom of ReligionA.K.A Separation of Church and State: Government may
not favor any religion or establish an official religion.
2.Freedom of Speech
3.Freedom of the Press
4.Freedom of Assembly• Right to meet together or gather
5.Freedom of Petition• Right to ask government to make or change a law or solve a
problem.
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• Limits on the 1st Amendment
slander- if someone lies about another
person to harm that persons reputation.
ex.
libel –printing lies about others.
ex.
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Other Limits on Free Speech
• 1.) Clear and Present Danger• 2.) Fighting Words• 3.) Obscenity • 4.) Conflict with Other Governmental
Issues. • 5.) Time, place, and Manner.
Examples in History• Espionage Act 1917 (WWI)- allowed postal
office to ban treasonable or seditious newspapers, magazines of printed materials from the mail.
- Anyone obstructing army recruiters, aiding the enemy or interfering with the war effort – $10,000 fine and 20 yrs of prison
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Examples in History
• Sedition Act 1918 (WWI) – disloyal, profane, or abusive language about the govt. or war effort.
• Eugene V. Debs – sentenced to 10 yrs. for a mildly antiwar speech.
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• The 2nd Amendment- well regulated Militia. - right to bear arms. - most gun restrictions are made by states.
• The 3rd Amendment– Protection from the housing of Soldiers– Offers general guarantees for the privacy and sanctity of
peoples homes.
• The 4th Amendment– Protection from unreasonable search and seizures– Must have a warrant –approval from a judge.- Police may search if evidence is in plain view or they have
reasonable cause. - 1. )Car 2. )School 3.)airport
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• The 5th Amendment1.) Self incrimination – not required to say anything
that might imply their own guilt.
ex. “I plead the 5th”
2.) Citizens are protected from Double Jeopardy; being placed on trial twice for the same crime.
3.) Eminent Domain: the right for government to take private property; must be fair price.
4.) Citizens are guaranteed Due Process of Law (Miranda rights); government must treat accused persons fairly according to the law
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Protections of the Accused
• The 6th Amendment– Citizens are guaranteed the right to a trial by jury in
criminal cases.
Trials must: 1.) happen quickly
2.) publicly
3.) with an impartial jury.
4.) Right to have a lawyer
& to see the evidence being used.
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• The 7th Amendment– Citizens are guaranteed the right to a trial by jury
in most civil cases.
• The 8th Amendment– Prohibits excessive bail, fines, and punishments.– No “cruel and unusual” punishment– Capital punishment a.ka.
death penalty is not included.
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Protections of Other Rights
• The 9th Amendment– rights not mentioned in the Constitution belong to
the people.– Citizen Rights are not limited to the ones
mentioned in the Constitution.
• The 10th Amendment– Declares that powers not given to the national
government belong to the states or to the people.