CHAPTER 6

REVIE

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TERMSdue process of law-

entitles accused citizens the right to be treated fairly according to rules established by law

separation of church and state-

means that government may not favor any religion or establish any religion

eminent domain-

the power to take private property for public use

writ of habeas corpus-

the right to be brought before a judge to prove that there is evidence that you have committed a crime

double jeopardy-

being placed on trial twice for the same crime

AMENDMENT PROCESSAmendments must be approved at both the national and states

levels

All amendments (so far) have been proposed by Congress

ARGUMENTS FOR THE BILL OF RIGHTSit would respond to the people’s will and

earn their trustI want a Bill of

Rights!

Bill of Rights

Bill of Rights

ARGUMENTS AGAINST THE BILL OF RIGHTS

It is not needed since we already have checks and balances, separation of powers, and limited government

WHO INTERPRETS THE MEANING OF CITIZEN’S RIGHTS?The nations’ courts interpret the meaning of our rights

WHO SHARES THE RESPONSIBILITY OF PROTECTING OUR RIGHTS?All Americans share in the responsibility of protecting our

rights

EXAMPLE OF LIMIT ON FREE SPEECH

Yelling “fire!” in a crowded theater is not protected speech

TAKING THE “FIFTH”

means using you are using your 5th Amendment right to remain silent (self-incrimination)

RIGHTS OF THE ACCUSED

right to remain silent

to know the charges against you

speedy public trial

confront witnesses/have your own witnesses

council

TINKER CASE

The SCOTUS ruled that armbands are a form of free speech protected by the 1st Amendment

“Students do not shed their Constitutional rights at the schoolhouse gate.”

Armbands are “silent passive speech” that does not interfere with the learning process.

I’m thinking that my students have no rights

SKOKIE CASE

The Nazis were allowed to march in Skokie and pass out their fliers because of the 1st Amendment rights of speech, assembly, and press.