8.C&G.1.4 Analyze access to democratic rights and freedoms among various groups

8.C&G.1.4 Analyze access to democratic rights and freedoms among various groups.

LegislativeCongress

JudiciaryCourts

ExecutivePresident

Federalism

Bill of Rights

Our 1st 10 amendments to

the Constitution

Bill of Rights

• Anti-Federalists disagreed with the Federalists

• Constitution would not be approved unless a compromise was made.

• Anti-Federalists felt we needed something in our new plan for government that mentions the people—

• and their rights….not a bad idea since the Americans had almost every basic right stripped from them.

So…. The Feds and the Anti-Feds

• Came up with some rights…• They become our first 10

amendments• a.k.a The Bill of Rights (BoR)• All deal with freedoms that are

granted to us because we are

U.S. citizens• These are our basic civil liberties!

Notes• Before you view this presentation, number the first tem amendments

(The Bill of Rights). Make sure you leave space between each for notes {about two lines}:

• 1. First Amendment• 2. Second Amendment• 3. Third Amendment• 4. Fourth Amendment• 5. Fifth Amendment• 6. Sixth Amendment• 7. Seventh Amendment• 8. Eighth Amendment• 9. Ninth Amendment • 10. Tenth Amendment

First Amendment: RAPPS

Freedom of ReligionFreedom of AssemblyFreedom of PressFreedom to PetitionFreedom of Speech

R: Religion

•You may believe in whatever you choose or nothing at all!•Limits: can’t break laws example- no illegal animal sacrifices

1 RAPPS• Freedom of

–Religion- separation of church and state

–Assembly-• Can peacefully gather• Gov’t approves time, place and

manner• Can’t pose a Clear and present danger• Meetings, parades, strikes are

–Petition-• Freely write the gov’t w/o fear of

backlash or persecution• Email, letter, blog, comment, editorial

in paper

–Press-• Press has rights to publish

whatever they wish• YOU can Express yourself in

print form• Gov’t can’t censor• Books, newspapers, magazines,

radio, tv, internet• Limitations- can’t print lies:

called LIBEL

– Speech-• Regarding speaking out against

government • No threats• Also covers EXPRESSION (things not said but done)

http://images.google.com/imgres?imgurl=http://www.defenselink.mil/dodcmsshare/homepagephoto/2007-09/hires_070909-D-4100V-008a.jpg&imgrefurl=http://www.defenselink.mil/homepagephotos/homepagephotos.aspx?month=200709&h=2353&w=3444&sz=2563&hl=en&start=20&um=1&tbnid=y_mmfqKPGirUIM:&tbnh=102&tbnw=150&prev=/images?q=freedom+to+assemble&um=1&hl=en&safe=active

Freedom of speech under expression

• internet, art, clothing, music• Limitations:

– Can’t endanger the gov’t or other Americans– Can’t provoke riot or other violent acts– Can’t speak or write with intent to commit criminal act or to

overthrow gov’t by force– Can’t disturb the peace of others-loud music

– Cant lie or hurt ones reputation (slander) – Tinker vs. DesMoines (black armband)

• Spoken lie- called SLANDER

Tinker Vs. Des MoinesAfter reading the case lets answer the

following:1. Someone wrote a threatening note during class to one of the students wearing an

armband. 2. On the school bus, someone threatened to beat up one of the students wearing an

armband. 3. At lunch, someone said the armbands were stupid. 4. During class, someone made a face at one of the students wearing an armband. 5. Between classes, someone shoved one of the students wearing an armband into a

locker. 6. Students stopped arguing about armbands when the teacher said it was time to

begin class. 7. A student sang a song about how much he loved armbands, and people started

arguing about whether he had a good voice. 8. Students were having fun debating about whether people should wear armbands. 9. Student arguments about armbands were starting to add up. 10. A teacher had to tell students to stop arguing about armbands so she could start

class.

Supreme Court refuses challenge to school dress codeThe Supreme Court Monday declined to take up a student's challenge to a Texas school dress code. An appeals court ruling said the policy, which bars non-school-related messages on clothing, did not violate student free-speech rights.

I CAN’T WEAR

WHAT??

Ben’s T-Shirt Trouble

Watch to see what happened when Ben Brewer decided to wear his favorite band t-shirt to school—in violation of the new school rule!

http://ourcourts.law.asu.edu/courtvid/NewsReport.html

There should be a law against stupid rules like that!

Maybe there is…

We now interrupt this exciting presentation to bring you the U.S. Supreme Court case, Tinker v. Des Moines. Read the case summary and do the exercises to find out whether Principal Carter’s rule is against the law!

WHAT IF?What would it take for the

Supreme Court to decide the black armbands had been disruptive at school?

Consider the following examples. Decide whether the Court would say they are evidence of disruption.

Evidence About Armbands

Someone wrote a threatening note during class to one of the students wearing an armband?

What if…

Shows the armbands were disruptive

Does not show disruption



Does NOT show disruption

Writing a threatening note during class


On the school bus, someone threatened to beat up one of the students wearing an armband?

What if…







Threatening to beat up a student on the school bus


At lunch, someone said the armbands were stupid?

What if…







At lunch, someone says the armbands are stupid



During class, someone made a face at one of the students wearing an armband?

What if…









Making a face during class


Between classes, someone shoved one of the students wearing an armband into a locker?

What if…










Shoving a student into a locker between classes


Students stopped arguing about armbands when the teacher said it was time to begin class?

What if…











Arguing stops when teacher says it’s time to begin class


A student sang a song about how much he loved armbands, and people started arguing about whether he had a good voice?

What if…












People arguing about singing, not about armbands


Students were having fun debating about whether people should wear armbands?

What if…












People arguing about singing, not about armbands

A fun debate about armbands


Student arguments about armbands were starting to add up?

What if…












Arguments starting to add up People arguing about singing, not about armbands



The teacher had to tell students to stop arguing so she could begin class?

What if…


Does not show disruptionCLICK for a hint!

How would you use this evidence if you were trying to argue that the t-shirts ARE disruptive? What would you say?

HINT:

How would you use this evidence if you were trying to argue that the t-shirts are NOT disruptive? What would you say differently?










Arguments starting to add up People arguing about singing, not about armbands

Teacher tries to begin but can’t until she tells students to stop arguing about armbands


As usual, teacher must ask for quiet before she can begin

NEXT TIME:Did Principal Carter have any evidence that band t-shirts were being disruptive?

2: Right to Bear Arms• Initially gave men right to own and carry arms

for purpose of serving in military• Today:

– Age requirement– License, background check– Can’t use to commit crime or instill fear

• Today controversy about what the writers intent was and if intentions have been stretched

3: Quartering Amendment

• In peacetime we don’t have to shelter soldiers• It would take congressional action to authorize

quartering soldiers

• Have this b/c the Brits were using martial law and moving into colonists homes after the bootlegging caused by the Sugar Act

• quartering act…

http://images.google.com/imgres?imgurl=http://news.bbc.co.uk/media/images/40156000/jpg/_40156276_afpiraq300.jpg&imgrefurl=http://news.bbc.co.uk/1/hi/in_pictures/3726640.stm&h=200&w=300&sz=20&hl=en&start=18&um=1&tbnid=BX0SnIjgb2nxaM:&tbnh=77&tbnw=116&prev=/images?q=troops+in+house&um=1&hl=en&safe=active

4: No unreasonable search and seizures• No soldier or gov’t official can search or take

property w/o good cause• Search warrant must be present• Judge must be convinced a search will

produce evidence associated with a crime• to grant a warrant

Uh-oh…

5th : 5 parts: protects rights of the accused• 1. Due Process- gov’t/law must follow

established legal procedures (arrest, rights read, booked, informed of crime accused of, right to attorney…)

• No matter who/what you are accused of• 2. Eminent domain- must pay fair price for

land/property• 3. Grand jury- don’t determine guilt or innocence

– Decide if there is enough evidence to go to trial• 4. No Double Jeopardy- people acquitted (vote of not

guilty) can not be tried for same crime

• 5. No self-incrimination-”plead the 5th”

– Cant be forced to testify against yourself– Can only use on yourself; not others

6: Accused gets more rights

• Speedy public trial• Right to attorney

– Case of Gideon v Wainwright

– Guarantees lawyer even if you can’t afford one

• Jury or your peers• Informed of charges• (so you know what they

are accusing you of)

7. Jury Trial in CIVIL cases

• Can opt out and get a trial by judge–Why? Quicker and if lawyer feels judge

will give better opportunity–Not criminals acts, but lesser ones: CIVIL

8: No cruel and unusual punishment

• Includes excessive bails and fines– Bail- sum of $ used as a security deposit to insure

accused shows up for trial– If returned for trial $ is returned and if you don’t

show, the $ is kept and another charge of failure to appear is issued

• No gov’t official, law enforcement can physically beat you

• Your punishment MUST fit the crime

9: (IX) all rights not listed, are covered for

•YOU• Called unwritten rights

• Not sure what would come up over time• Right to marry who you choose

• Right to attend college of your choiceETC…

10 (X) any right not given to federalgov’t are…

•Given to states• Called reserved powers or states powers!!!• Anti-feds happy!• Prevents congress and pres from becoming

too strong!

Documents

8.C&G.1.4 Analyze access to democratic rights and freedoms among various groups