The Invaders

The Invaders

A Constitutional Rights Activity

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What is a right?

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Where are our rights listed?

The Florida Constitution

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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

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Who does the Constitution protect

us from?

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What are the first 10 amendments to our US

Constitution called?

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Who makes sure our rights are protected?

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How It WorksRights are granted by the Constitution, and the

Constitution is protected by the Courts.

Granted by Protected by

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Let’s look at some of the rights in our US

Constitution

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Freedom of Speech

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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.

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Speech: the communication or expression of thoughts to convey a message

Should speech ever be limited?

FIRE!

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Right to Bear Arms

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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.

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When is the use of guns NOT okay?

Should people even be allowed to use guns?

What does the Second Amendment say about it?

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Right to Legal Counsel

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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.

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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.

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Right to protection from cruel and unusual

punishment

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Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and

unusual punishments inflicted.

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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

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Freedom of the Press

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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.

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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?

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Right to Jury Trial

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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.

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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?

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Freedom of Religion

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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.

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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 religionTM

CHURCH STATE

“Wall of separation” between church and state ~Thomas Jefferson

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Right to Peaceably Assemble

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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.

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Assemble: To bring together or to gather in one place

Peaceably: Not violent; calm

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Where do you have the right to assemble?

What are possible limitations?

Park Sidewalk

Time

Street

Place Manner

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Protection from Self-Incrimination

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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.

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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.

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Right to protection from unreasonable

searches and seizures

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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.

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Search: To go or look through carefully to find something

Seizure: The taking of a person, an item, or property

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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

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