the invaders a constitutional rights activity. what is a right?
TRANSCRIPT
The Invaders
A Constitutional Rights Activity
What is a right?
Where are our rights listed?
The Florida Constitution
What is the purpose of a Constitution?
• States how the government is organized and its functions
• Lists some (but not all) of our rights
• Limits the powers of government
Who does the Constitution protect
us from?
What are the first 10 amendments to our US
Constitution called?
Who makes sure our rights are protected?
How It WorksRights are granted by the Constitution, and the
Constitution is protected by the Courts.
Granted by Protected by
Let’s look at some of the rights in our US
Constitution
Freedom of Speech
Amendment 1Congress 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 to peaceably assemble, and to petition
the Government for a redress of grievances.
Speech: the communication or expression of thoughts to convey a message
Should speech ever be limited?
FIRE!
Right to Bear Arms
Amendment 2
A well regulated Militia, being necessary to the security of the free State, the right of the people to keep and bear
Arms, shall not be infringed.
When is the use of guns NOT okay?
Should people even be allowed to use guns?
What does the Second Amendment say about it?
Right to Legal Counsel
Amendment VIIn 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 favor, and to have the
assistance of counsel for his defense.
Assistance of Counsel: the right to be represented by a lawyer during a
criminal case
Gideon v. Wainwright (1963)
Mr. Gideon was charged with a felony but did not have money for a lawyer. He felt it was unfair and asked for a free lawyer. The US Supreme Court agreed that in order to have a fair trial, poor defendants needed a
lawyer.
Right to protection from cruel and unusual
punishment
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
Back in the 1700s, people received cruel and unusual punishment for breaking the law.
What kind of behavior do you think would be cruel and unusual?
Cruel & Unusual: Involving torture or a lingering death; barbarous;
inhuman; involving the unnecessary and wanton infliction of pain
Freedom of the Press
Amendment 1Congress 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 to peaceably assemble, and to petition the Government for a redress
of grievances.
Press: The media and any other organizations that print, broadcast, or gather and transmit news.
Do you think the press should have some
limits?
If so, why?
Right to Jury Trial
Amendment VIIn 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 favor, and to have the
assistance of counsel for his defense.
Jury: a group of persons selected and sworn to give a decision/verdict
based on facts in a legal caseJury Trial: a trial before a jury of
one’s peers (equals)
What are benefits of
having a jury trial?
What are the problems with having a jury
trial?
Freedom of Religion
Amendment 1Congress 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 to peaceably
assemble, and to petition the Government for a redress of grievances.
Establishment clause: Congress may not establish (set up) an official
religion for our country or favor any one religion over others
Free exercise clause: Congress may not stop you from holding any
religious beliefs you choose or from having no religious beliefs at all; the government cannot unfairly limit your
right to practice your religion
CHURCH STATE
“Wall of separation” between church and state ~Thomas Jefferson
Right to Peaceably Assemble
Amendment 1Congress 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
to peaceably assemble, and to petition the Government for a redress
of grievances.
Assemble: To bring together or to gather in one place
Peaceably: Not violent; calm
Where do you have the right to assemble?
What are possible limitations?
Park Sidewalk
Time
Street
Place Manner
Protection from Self-Incrimination
Amendment VNo 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 offense 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.
Self-incrimination: Testifying against yourself; being compelled by the
government to provide evidence or factual information that connects you
to an offense (crime).
I want to plead
the Fifth.
Right to protection from unreasonable
searches and seizures
Amendment IVThe 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 of affirmation, and
particularly describing the place to be searched, and the persons or things to be seized.
Search: To go or look through carefully to find something
Seizure: The taking of a person, an item, or property
Important IssuesWarrants Probable Cause Exclusionary Rule
Enough evidence to reasonably believe that an illegal act is being or has been
done.
Warrant: allows search and seizure of property, items, etc.
Police officers who want a warrant have to give enough facts to convince the judge
there is probable cause.
Exceptions: Warrants are not always required
depending on the circumstances.
Prevents the government from using
evidence at trial that was gathered illegally.
Fruit of the poisonous tree