Should this be legal?What right supports it? Or What law is it violating?

Today’s GoalToday’s Goal

You will complete The Bill of Rights and You will complete The Bill of Rights and other amendments. other amendments. Pg 98-112Pg 98-112

By the end of Class you should have a basic By the end of Class you should have a basic understanding of how the Bill of Rights understanding of how the Bill of Rights protect the freedoms of Americans.protect the freedoms of Americans.

1st Amendment

-Freedoms

Speech

•To say what you want

Press

•News can report what it wants

Religion

•Can be whatever religion you choose

Assembly

•Can gather in groups

Petition

•Can ask your government for things

The First Amendment protects all Americans’ freedom of speech, which includes speaking

freely against the actions of our government. What happens to people who try to exercise

this right in other countries?

Limits to the FirstLimits to the First

Speech: No threats of violence, Fire in a Speech: No threats of violence, Fire in a movie theatre, obscenitymovie theatre, obscenity

Press: Slander and Liable, obscenityPress: Slander and Liable, obscenity Religion: No state sponsorship Religion: No state sponsorship

Seperation of Church and StateSeperation of Church and State Assembly: Public Places must follow local Assembly: Public Places must follow local

lawslaws Petition: Time place, doesn’t have to be in Petition: Time place, doesn’t have to be in

personperson

2nd Amendment

-bear arms

•Ability to own and use weapons

•Still debated today over whether this means for military or private use

22ndnd limits limits

Automatic weapons and military grade Automatic weapons and military grade weaponsweapons

Convicted felons can be restrictedConvicted felons can be restricted

3rd Amendment

-No forced housing of soldiers

•Citizens do not have to house or feed soldiers during peacetime

33rdrd limits limits

During a time of war soldiers can take During a time of war soldiers can take over Martial Lawover Martial Law

4th Amendment

-no illegal searches or seizures

•To combat British writs of assistance

-right to privacy

•Police must have probable cause and must obtain a search warrant to enter your home

44thth Limits Limits

Police can search you with probable Police can search you with probable causecause

5th Amendment•Rights of the accused

-due process

•Every person must be treated equally in court; court must use same rules for every person

-eminent domain

•The government cannot take private property without paying for it

-grand jury

•Decides if there is enough evidence to indict and formally have a trial

-no double jeopardy

•Cannot be put on trial for the same crime twice

-right to remain silent

• Protection against self-incrimination

Limits to the 5thLimits to the 5th

If public safety is at immediate risk, a If public safety is at immediate risk, a suspect's statements are admissible in suspect's statements are admissible in court, even if his or her Miranda rights court, even if his or her Miranda rights have not been explained.have not been explained.

6th Amendment

-speedy public trial

•Trial must begin quickly and must be held in public

-right to a lawyer

-jury trial

•Impartial jury of your peers is to hear and decide your case

-informed of charges

•Right to know what you are being tried for

-question all witnesses

66thth Limits Limits

Speedy is relativeSpeedy is relative Can be a closed trial if defendant is at risk Can be a closed trial if defendant is at risk

or can show a public trail would limit their or can show a public trail would limit their due processdue process

7th Amendment

-Jury trial in all civil cases

•Right to use a jury in a lawsuit that is over $20

Limits 7thLimits 7th

20$20$

8th Amendment

-no excessive bails and fines

•Bail: money you pay to get out of prison until your trial

•Bail must fit the crime

-no cruel and unusual punishments

•Punishment must fit the crime

•Continued debate over death penalty

LimitationsLimitations

Torture of TerroristsTorture of Terrorists Death PenaltyDeath Penalty

9th Amendment

-all rights not listed are still protected

•Not all of people’s rights are listed in Constitution

•People have more rights

•Right to privacy

99thth Limitations Limitations

Digital RightsDigital Rights National SecurityNational Security

10th Amendment

-all powers not given to the National Gov’t are reserved for the states

•States wanted to keep some power in new Constitution to keep federal gov. from getting too strong

•Reserved Powers

1010thth Limitations Limitations

Supremacy of the ConstitutionSupremacy of the Constitution Federal $ (Drinking Age)Federal $ (Drinking Age)

Do you have rights? Copy and Do you have rights? Copy and answer questions in your notes.answer questions in your notes.

What are some of your basic rights?What are some of your basic rights?

What limits do you have on those rights?What limits do you have on those rights?

Ebola: Do Quarantines violate Ebola: Do Quarantines violate rights?rights?

What are the two sides of the debate over What are the two sides of the debate over quarantines? quarantines?

What right(s) do the quarantines violate?What right(s) do the quarantines violate? What is your opinion? Should people What is your opinion? Should people

coming back from West Africa be forced coming back from West Africa be forced into isolation?into isolation? Copy and answer the questions, you will turn Copy and answer the questions, you will turn

them in.them in.

Classroom Bill of RightsClassroom Bill of Rights

What specific protections for individuals apply to What specific protections for individuals apply to students? Teachers?students? Teachers?

Are these sets of protections distinct from one another or Are these sets of protections distinct from one another or shared to some degree?shared to some degree?

What limits are placed on the authority of teachers? What limits are placed on the authority of teachers? Students?Students?

What limits on authority do they share? What limits on authority do they share? After you brainstorm on what rights you should After you brainstorm on what rights you should

have create a list on the other side of your have create a list on the other side of your paper.paper.

Complete the top portion of Complete the top portion of

Why might Gideon not receive a fair trial? Why might Gideon not receive a fair trial? What does it mean to be presumed innocent What does it mean to be presumed innocent

until proven guilty? until proven guilty? Do you think the evidence is strong enough to Do you think the evidence is strong enough to

convict Gideon? Why or why not?convict Gideon? Why or why not? What was an attorney able to do for Gideon in What was an attorney able to do for Gideon in

the second trial?the second trial? What did Supreme Court Justice Hugo Black What did Supreme Court Justice Hugo Black

think about Gideon’s appeal? think about Gideon’s appeal? How was the Fourteenth Amendment applied in How was the Fourteenth Amendment applied in

this case? this case? Was the Florida court justified when it denied Was the Florida court justified when it denied

Gideon a court-appointed lawyer? ExplainGideon a court-appointed lawyer? Explain

Finish Amendments Finish Amendments

You have 20 minutes to finishYou have 20 minutes to finish

Homework due Friday Bill of RightsHomework due Friday Bill of Rights

Court Cases use the Back of the book to Court Cases use the Back of the book to find the descriptions. Not all are in the find the descriptions. Not all are in the book we will go over them tomorrow.book we will go over them tomorrow.

Truman and Limiting the Truman and Limiting the PresidentPresident

What powers did Truman try to use?What powers did Truman try to use? How did congress limit him?How did congress limit him?