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+The Bill of Rights
The first 10 amendments
To the U. S. Constitution
+
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?
+Bill of Rights
Anti-Federalists proposed to add a Bill of Rights at the Constitutional Convention
At the first meeting of Congress in 1789, James Madison Proposed 17 amendments, of which 12 were accepted by the other Congressmen.
By Dec. 15, 1791, ¾ of the states had ratified 10 of the amendments.
+
Who makes sure our rights are protected?
+How It Works
Rights 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
+The first amendment—5 rights mentioned
Freedom of Speech
Freedom of Religion
Freedom of the Press
Freedom of Assembly
Right to petition the government
+
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
+
Establishment clause-Government
Cans Cannot Teach about religions in school
Allow voluntary prayer in many examples
Transport students to a religious school
Read Bible for culture or literacy content
Set a state religion
Government cannot order a prayer
Teach religious doctrine in the school
Pay seminary teachers
Teach creationism
+Free Exercise—The personCan Cannot
Choose whatever religion
Lead a prayer in most examples
Ask questions about religions
Worship who ever you want
Break the law and claim it is religious belief
Raise children without education
Deprive children of basic needs
+
Freedom of Speech
+Amendment 1
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 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!
+
Free speech– The individual can: Say any political belief
Protest (without getting out of control)
Say things about someone that are true
Free speech means someone might say something you disagree with
+Free speech—limits on the person
Threaten to blow up airplanes, schools or the president
Create too much social chaos
Extremely crude language in a public form
Disrespectful, vulgar language in schools
Hate crimes
+
Freedom of the Press
+Amendment 1
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 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?
+Freedom of the press-the pressCan Cannot
Print any political position
Make fun of people, especially politicians/celebrities
Expose wrongs by the government
Say things you might not agree with
Libel– intentionally injuring a person’s reputation by false facts Defamation of Character
Disclose defense-security secrets
Detail how to make a certain weapons
+
Right to Peaceably Assemble
+Amendment 1
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 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
+Petition the Government
“Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”
+Petition the government
You may sue the government for wrongs
You cannot be punished for exposing wrongs by the government
The courts decide the wrongs
+
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?
Third Amendment
The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.
+
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
+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.
+Fifth Amendment
You cannot be tried for the same crime twice—called “Double Jeopardy”
You do not have to testify against your self. “I plead the fifth”
You must have due process of law before you are convicted
The government cannot take your land unless it pays.
+
Criminal Cases- Right to Attorney & Trial by Jury
+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?
7th Amendment
Right to a trial by jury in civil cases. Meaning you are suing someone else or being sued
No crime has been committed
Civil cases are usually between people and each other or businesses/companies.
+
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
9th Amendment
There are additional rights, even if they are not written.
Includes the right to privacy
10th Amendment
Powers not given to the Federal government belong to the states or to the people.