United States Constitution
Background
• Is the supreme law of the land of the United
States of America
• The first three Articles of the Constitution
establish the rules and separate powers of
the three branches of the federal government:
a legislature, an executive branch, and a
federal judiciary headed by the Supreme
Court.
– The President nominates new members to the Supreme Court, but the
Senate must approve the nomination by a majority vote. This is part of the
system of checks and balances that is supposed to prevent abuse of
power.
United States Constitution:
The Bill of Rights
The First 10 Amendments to the Constitution
Who determines what the
Bill of Rights mean?
• The Supreme Court makes rulings on
the meaning
• The Supreme Court balances the rights
of the individual with the needs of
society
Individual??
Society??
1st Amendment
• The 1st Amendment guarantees freedom of
religion, speech, the press, assembly, and petition.
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This means that we all have the right to:
practice any religion we want to
to speak freely
to assemble (meet)
to address the government (petition)
to publish newspapers, TV, radio, Internet (press)
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Establishment and free exercise
clause often conflict with each
other
• In schools, the
religion issue is
most prevalent
• If a student raises
his hand and says
“teacher, can we
say an opening
prayer before this
test”
• If the teacher says:
• “Yes”, It looks like
establishment of
religion
• “No”, It is deigning
a student free
exercise.
'I pledge allegiance to the
Flag of the United States
of America for which it
stands, one nation,
indivisible, with liberty
and justice for all.
Establishment clause-Government
Cans
• Teach about religions
in school
• Allow voluntary prayer
in many examples
• Transport students to
a religious school
• Read Bible for culture
or literacy content
Cannot
• Set a state religion
• Government cannot
order a prayer
• Teach religious
doctrine in the school
• Pay seminary
teachers
• Teach creationism
Free Exercise—The person
Can
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
• Deprave children of
basic needs
Free speech—limits on the
person
• Threaten to blow up airplanes, schools or
the president
• Sexual harassment
• Create too much social chaos
• Extremely crude language in a public form
• Disrespectful, vulgar language in schools
• Hate crimes
Freedom of the press-the press
Can
• Print any political
position
• Make fun of people,
especially politicians
• Expose wrongs by the
government
• Say things you might
not agree with
Cannot
• Libel– intentionally
injuring a person’s
reputation by false
facts
• Disclose defensesecurity secrets
• Detail how to make a
certain weapons
Freedom of Assembly--Individual
Can
Cannot
• Protest
• Parade (with a
permit)
• Parade chanting
hate slogans
• Gang members
can congregate in
public
• Protest by throwing
rocks and breaking
windows
• Hang out on
private land
against owners
will—loitering
• Teen curfew
2nd Amendment
• The 2nd
Amendment
protects the right
to bear arms, which
means the right to
own a gun.
• Some people believe that the
government is the enemy, and citizens
must continue to protect themselves.
• Some believe that the level of violence
is so high in the United States because
the number of guns available is too
high, and too many people have guns.
• There is a popular saying that, "If you
outlaw guns, only outlaws will have
guns." Another popular saying is, "Guns
don't kill people, people do."
3rd Amendment
• The 3rd Amendment says “No soldier
shall, in time of peace be quartered in
any house, without the consent of the
owner, nor in time of war, but in a
manner to be prescribed by law.”
• This means that we cannot be forced to
house or quarter soldiers.
4th Amendment
• The 4th Amendment protects the people
from unreasonable searches and seizures.
• This means that the police must have a
warrant to enter our homes. It also means
the government cannot take our property,
papers, or us, without a valid warrant based
on probable cause (good reason).
5th Amendment
• The 5th Amendment protects people from
being held for committing a crime unless
they are properly indicted, (accused)
• You may not be tried twice for the same
crime (double jeopardy)
• You don’t have to testify against yourself
in court. (Self-incrimination)
6th Amendment
• The 6th Amendment
guarantees a speedy trial
(you can’t be kept in jail for
over a year without a trial)
• an impartial jury (doesn’t
already think you are guilty)
• that the accused can
confront witnesses against
them
• the accused must be allowed
to have a lawyer
7th Amendment
• The 7th Amendment guarantees the
right to a speedy civil trial.
• A civil trial differs from a criminal trial. A
civil trial is when someone sues
someone else. A criminal trial is when
the state tries to convict someone of a
crime.
8th Amendment
• The 8th
Amendment
guarantees that
punishments will be
fair and not cruel,
and that
extraordinarily
large fines will not
be set.
9th Amendment
• All rights not stated in the Constitution
and not forbidden by the Constitution
belong to the people.
• This means that the states can do what
they want if the Constitution does not
forbid it.
10th Amendment
• The 10th Amendment states that any
power not granted to the federal
government belongs to the states or
to the people.
• Examples: The states determine the rules
for marriages, divorces, driving licenses,
voting, state taxes, job and school
requirements, rules for police and fire
departments.
Discussion
• With a partner, which of the first 10
Amendments do you believe is most
important? Why?
• Class discussion: Are you willing to
forfeit any of these rights? Which one?
Bill of Rights
• You are an influential leader and must
craft a Bill of Rights for your country
– Name your country and briefly describe it
– Create a Bill of Rights and provide a brief
rationale for each one
– Present to the class (tomorrow)
• Utilize the paper roll and markers up
front to make them poster-sized