The Bill of Rights - Livingston Public Schools

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Do Now:
• Answer the following questions:
• What do you know about the Bill of
Rights? What questions do you still
have?
• Why do you think a Bill of Rights was
necessary to add to the Constitution?
In this Unit we will learn about:
• The Bill of Rights: The First Ten
Amendments to the Constitution
• How the Bill of Rights affects our
everyday lives
• How current issues relate to the Bill of
Rights
Essential Questions:
• How did the Revolutionary Era play a
role in the writing of the Bill of Rights?
• How does a country balance the
powers of the government and the
rights of its citizens?
• How does a country balance the rights
of an individual and the security of the
community?
Who interprets the wording in
the Bill of Rights?
• The Supreme Court makes rulings
based on the meaning.
• The Supreme Court balances the rights
of the individual with needs of society
1st Amendment
• “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 peaceably to assemble,
and to petition the government for a
redress of grievances.”
1st Amendment
• The Government cannot establish a
state religion. (Separation of Church
and State)
• Individuals have the right to:
– Practice religion freely - Assemble
– Free speech
-Petition the Gov.
– Free press
1st Amendment
• Religion
– Establishment Clause- “Congress shall
make no law respecting an establishment of
religion”
– Free Exercise Clause- “or prohibiting the free
exercise thereof”
Contents
Establishment Clause:
Government
Can
Cannot
• Teach about religions
in school
• Allow voluntary prayer
in many instances
• Transport students to
a religious school
• Set a state religion
• Order prayer
• Teach religious
doctrine in the school
9
Contents
Free Exercise Clause:
People
Can
Cannot
• Choose any religion
• Lead a prayer in
most instances
• Ask questions about
religions
• Break the law and
claim it is religious
belief
• Raise children
without an education
10
1st Amendment
• Under Free Speech a citizen can:
– Say any political belief
– Protest (without getting out of control)
– Burn the flag
– Say something that others would not agree
with
st
1
Amendment
• Limits on Free Speech:
– Violent/ Harmful Threats
– Create social chaos (Yelling “fire” in movie
theater)
– Crude language in a public forum
– Disrespectful, vulgar
language in schools
Freedom of the Press:
The Press
Can
Cannot
• Print/broadcast any
political position
• Poke fun at people,
including politicians
• Expose wrongs by
the government
• Say things you might
not agree with
• Libel/ Slander–
intentionally injuring
a person’s reputation
by false facts
• Disclose classified
government secrets
13
Contents
Freedom of Assembly:
People
Can
Cannot
• Protest
• Parade (with a
permit)
• Chant slogans
• Gather in public
• Protest with
violence, damage
property.
• Hang out (loiter) on
private land without
owner’s permission
14
Stop and Think…
• Why is it necessary to place limits on
our First Amendment Freedoms?
2nd Amendment
• “A well regulated militia, being necessary
to the security of a free state, the right of
the people to keep and bear arms, shall
not be infringed.”
Contents
Strong debate with the right to
bear arms.
• How much can/should the
government do to keep
guns from criminals and
youth?
• In order to keep guns
away from criminals,
should the gov. limit the
rights of law abiding
citizens?
17
3rd Amendment
• “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.”
Contents
Amendments 4-8
Preserve the Rights of
the Accused.
19
4th Amendment
• “The 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 or affirmation,
and particularly describing the place to be
searched, and the persons or things to be
seized.”
4th Amendment
• The government cannot search our
homes, or take our belongings without a
search warrant from a judge, and without
probable cause (good reason)
• (Exceptions exist which give the police the
right to search without a warrant. Ex. Plain
View Exception)
5th Amendment
• “No 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.”
th
5
Amendment
• You cannot be held for committing a crime without due
process of law, and unless you are properly indicted
(accused of committing a crime)
• You cannot be accused of the same crime twice
(Double Jeopardy)
• You don’t have to testify against yourself (“I plead the
fifth”)
• If the government takes your property, they must pay
you for it.
• Eminent Domain- the right of government to take
private property- usually land- for public use.
th
6
Amendment
• “In 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 his favor, and to have the
assistance of counsel for his defense.”
th
6
Amendment
• The accused must be:
– Given a speedy and public trial
– Given an impartial jury (not favoring either
side)
– Told of the charges against them
– Able to confront witnesses against them
– Able to call witnesses in his/her favor
– Provided a lawyer if he/she cannot afford one.
Stop and Think…
• How does the 6th Amendment relate to
historical events that we have learned
about? (Colonial Era, Revolutionary Era..)
DO NOW
• Was it possible for the framers of
the Constitution to list every single
right that we have as American
citizens?
• What are some rights that are not
listed in the Bill of Rights?
7th Amendment
• “In suits at common law, where the value
in controversy shall exceed twenty dollars,
the right of trial by jury shall be preserved,
and no fact tried by a jury, shall be
otherwise reexamined in any court of the
United States, than according to the rules
of the common law.”
7th Amendment
• Right to a Trial by Jury in Civil Cases (Civil
cases are when someone sues another
person)
8th Amendment
• “Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.”
9th Amendment
• “The enumeration in the Constitution, of
certain rights, shall not be construed to
deny or disparage others retained by the
people.”
9th Amendment
• It would be impossible to name every right
that citizens have.
• Therefore, the rights of citizens are not only
limited to the ones listed in the Bill of
Rights.
10th Amendment
• “The powers not delegated to the United
States by the Constitution, nor prohibited
by it to the states, are reserved to the
states respectively, or to the people.”
10th Amendment
• Rights not specifically given to the national
government, are given to the state
governments.
– Schools
– Roads
– Licenses
In closing…
• Answer the following questions:
– Which Amendment do you think is the
most important for citizens? Why?
– How can you exercise your rights as an
American?
– Are there any amendments that you find to
be controversial? Which ones?
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