The Bill of Rights: nd 2 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.” 2nd Amendment The right to “keep and bear arms” (own and carry weapons). For a “well-regulated militia” (state army used only in emergency). 2nd Amendment Supporters of gun rights have resisted gun control - laws and regulations on guns. 2nd Amendment Others favor gun control, due to changes in society: More dangerous weapons Rising rates of violent crime We don’t use state militias Geography and Guns Big cities = higher crime rate = more gun control Rural areas = lower crime rate = less gun control Proposed Gun Control in PA Limit handgun purchases to 1 per month. Allow local governments to pass gun laws. Report stolen or lost guns within 24 hours. 20 year minimum jail sentence for shooting in the direction of a police officer. Do Now Take out your homework from last night Share your thoughts with your desk partner We are going to conduct a short discussion about the articles Open up your notes to the 2nd amendment section from yesterday. Label a new area as “3rd and 4th amendments” Nicknames of the Bill of Rights Amendments 1-3: Protecting Citizens Amendments 4-8: Rights of the Accused Amendments 3 and 4 Privacy Rights 3rd Amendment: Government cannot force soldiers into your home. * One exception: if congress passes a law during wartime. Hilarious! 4th Amendment No “unreasonable searches and seizures.” Limits: Search Warrant – a legal document issued by a judge that allows a search. Probable Cause or Reasonable Suspicion New Jersey v. T.L.O 1. Do students have privacy rights in school? If so, what are reasonable limits to that right? 2. Did the principal have probable cause to search T.L.O? 3. Are school officials more like police officers or parents? What is the difference in terms of the 4th Amendment? Homework: List 5 reasonable searches of a student’s cell phone in school. The Bill of Rights th 5 Amendment Recap of Rights 1st Amendment: Expression 2nd Amendment: Protection 3rd and 4th Amendment: Privacy 5th, 6th, 7th Amendment: Rights of the accused 5 parts of the 5th Amendment 1. Grand Jury review 2. No self-incrimination (The right to remain silent) 3. No double jeopardy 4. Due process of law 5. Power of eminent domain Grand Jury Review A jury of your peers determines if there is enough evidence to have a trial. You have the right to remain silent. (No self-incrimination) You cannot be forced to give information at the time of arrest or at trial. To “plead the fifth” at trial means you will not take the stand. Due Process of Law + Double Jeopardy Due Process of Law: Fair, legal proceedings used to accuse someone. You are innocent until proven guilty. No Double Jeopardy: Government cannot put you on trial for the same crime, twice. Eminent Domain If government takes your property, they must pay for it.