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?