ms. d's social studies - the bill of rights · 2020. 1. 26. · congress shall make no law...
TRANSCRIPT
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The Bill of Rights:The first 10 amendments to the
U. S. Constitution
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Who determines what the Bill of
Rights mean?
The Supreme Court makes rulings on the meaning.
The Supreme Court balances the rights of the individual
with the needs of society.
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The justices of the Supreme
Court of the United States, 2017
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1st Amendment = 5 rights
Freedom of Speech
Freedom of Religion
Freedom of the Press
Freedom of Assembly
Freedom to petition the
government
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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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Free Speech “Congress shall make no laws . . . abridging the
freedom of speech.” ABRIDGE-to curtail, reduce, or deprive
You cannot say ANYTHING & EVERYTHING you want. There are LIMITS on speech. Examples:
Threaten to blow up airplanes, schools, or the president
Sexual harassment
Create too much social chaos
Extremely crude language in a public forum
Disrespectful, vulgar language in schools
Hate crimes
Slander (purposefully saying untrue things about a person)
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Free Speech: Individuals can…
Say any political belief
Protest (without getting out of control)
Say things about someone that are true
Burn the flag
Say racist and hate
slogans
Free speech means
someone might say
something you
disagree with.
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Freedom of Religion
“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.”
Two clauses:
Establishment clause
Free Exercise clause
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Establishment and free exercise
clause often conflict with each
other.
In schools, the religion issue is most prevalent.
A student may raise her hand and say, “Teacher, can we say an opening prayer before this test?”
If the teacher says:
“Yes,” it looks like establishment of
religion.
“No,” it is denying a student free
exercise.
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Establishment Clause: Government cannot promote a specific
religion. It would violate ones free
exercise of religion.
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The separation of
church and state is a
basic principle of the
US Constitution.
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Establishment Clause:
Government
Cans Cannot Teach about religions
in school
Allow voluntary prayer in many instances
Transport students to a religious school
Read Bible for culture or literacy content
Set a state religion
Cannot order/mandate prayer
Teach religious doctrine in the school
Pay seminary or religious school teachers
Teach creationism9
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Free Exercise:
People
Can Cannot Choose any religion
Lead a prayer in most instances
Ask questions about religions
Break the law and claim it is religious belief
Raise children without education because of religious beliefs
Deprive children of basic needs because of religious beliefs
The Court continues to review its interpretation of free exercise issues. It is sometimes a delicate balance of opposing rights that they must decide.
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Freedom of the Press
Congress shall make no law . . . abridging . . . the freedom of the press.”
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Freedom of the Press:
The Press
Can Cannot
Print any political position
Make fun of people, especially politicians
Expose wrongs by the government
Say things you might not agree with
Libel– intentionally injuring a person’s reputation by false facts
Disclose classified government secrets
Detail how to make a certain weapons
Lie about the facts12
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Freedom of Assembly
Congress shall make no law . . . Abridging the Rights of the People to peaceably assemble.”
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Freedom of Assembly:
People
Can Cannot Protest
Parade (with a permit)
Parade chanting hate
slogans
Gather in public
Protest by throwing rocks
and breaking windows-
rioting and vandalizing
Hang out (loiter) on private
land without owner’s
permission
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Petition the Government
“Congress shall make no law . . . Abridging . . . the people…right to petition the government for a redress of grievances.”
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Petition the government
You may sue the government for wrongs.
You cannot be punished for exposing
wrongs by the government (whistle
blowing).
The courts decide the wrongs.
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2nd Amendment:
Right To Bear Arms
“A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”
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What is the debate with the
right to bear arms?
How much can the government do to keep guns from criminals and youth?
In order to keep guns away from criminals, does that limit the right of law abiding citizens?
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Gun Debate Continued…
Thousands of people die every year because of guns.
Thousands of crimes are prevented because of guns.
How do we balanceour rights with theneed for protecting the general welfare of the people?
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Shoes representing gun deaths.
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3rd Amendment“No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”
The Government cannot force
you to shelter soldiers in your
home without your consent in
time of war or peace.
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Amendments 4-8 Preserve the Rights of the
Accused.
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4th Amendment“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
What does the government
need in order to search your
home?
Probable cause-there must be
a legitimate reason for
searching your
property/person
A warrant (document listing
cause and items) signed by a
judge
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5th Amendment“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
You cannot be tried for the EXACT SAME crime twice; that is called “double jeopardy.”
You do not have to testify against (incriminate) yourself.
“I plead the Fifth!”
You must have due process of law before you are convicted.
Due Process means there is an established set of rules and procedures that MUST be followed.
The government cannot take your land unless it pays a fair price.
A Grand Jury must determine if there is enough evidence of a capital offense (murder, treason, etc) and indict (formally accuse) you for you to be tried in a court of law (with the exception of military cases which would be handled by military courts).
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6th Amendment: Speedy Trial and Lawyer“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
You have the right to speedy trial by an impartial jury (not favoring either side).
You must be told of charges (accusations) against you.
You must be provided a lawyer (court appointed attorney) if you cannot afford one.
Your lawyer can confront/question witnesses against you and you can provide witnesses who can vouch for your character/innocence.
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7th Amendment: Civil Trial by Jury “In suits at common law, where the value in
controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.”
25The $20 in the amendment doesn’t seem
significant now.
Sets the types of cases a jury decides in non-criminal proceedings where there is a dispute between individuals and businesses or government
Prevents federal judges fromoverturning a jury decision in certain instances
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8th Amendment: Bail and Punishment“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Punishment and
fines should fit the
severity of the
crime/situation.
No excessive bail
No cruel and unusual
punishment
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The Stocks? For Slander?
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9th Amendment: Rights Reserved to the
States
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”ENUMERATION=list
Allows states to grant more rights than listed
or given under the Constitution
Issues such as
Gay/interracial marriage
Drinking age
Driving age
Abortion limitations
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10th Amendment: Rights Reserved to
the People “The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to the people.” If a specific power is not given to our government
in the Constitution or prohibited by the Constitution, then it is assumed to be a State Power or a power/right of the people.
The flow chart below shows the order of powers (national, states, people):
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