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
• Take notes on the
slides as they
appear.
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.
• The 14th Amendment to the Constitution was
ratified on July 9, 1868, and granted citizenship
to “all persons born or naturalized (established)
in the United States,” which included former
slaves recently freed. In addition, it forbids
states from denying any person "life, liberty or
property, without due process of law" or to
"deny to any person within its jurisdiction the
equal protection of the laws.” By directly
mentioning the role of the states, the 14th
Amendment greatly expanded the protection of
civil rights to all Americans and is cited in more
litigation than any other amendment.
14th Amendment
Does the 14th Amendment give states more
power, or place more limits on state power?
How?
Would each of these examples violate the
Fourteenth Amendment? If so, which part?
Explain.
• Arizona passes a law that babies born to illegal immigrants in
Arizona are not U.S. citizens.
• Kansas law requires black and white children to go to different
schools.
• A poor man in Florida is convicted of burglary and sent to
prison, but did not have a lawyer because he could not afford
one.