Today’s Agenda
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Let’s Begin Today’s Lesson…..
Today's State Standards
Rights and Responsibilities of Citizens
Students evaluate the scope and limits of rights and obligations as democratic citizens, the
relationships among them, and how they are secured.
GC. 36 Explain how economic rights are secured and their importance to the individual and
to society, including the right to acquire, use, transfer, and dispose of property; right to
choose one’s work; the purpose of labor unions; copyrights and patents. (P)
GC.37 Describe the individual’s legal obligations to obey the law, serve as a juror, and pay
taxes. (P)
GC.38 Connect insights gained from appropriate informational text to describe the
obligations of civic-mindedness, including voting, being informed on civic issues,
volunteering and performing public service, and serving in the military or alternative
service. (P)
GC.40 Explain how one becomes a citizen of the United States, including the process of
naturalization. (P)
Our objectives
Understand our rights as granted by the Bill of
Rights. Understand our obligations as US
citizens.
Our Goal Today
Our goal is to understand what we need to do
to make sure our nation remains a strong
one for us to live in.
Video Time!
GC.38 Connect insights gained from appropriate informational text to describe the
obligations of civic-mindedness, including voting, being informed on civic issues,
volunteering and performing public service, and serving in the
military or alternative service. (P)
Video Time! :-)
Establishment Clause and Free Exercise Clause
First amendment prohibits “an establishment
of religion” –
This is the Establishment Clause
It also says “free exercise thereof” –
This is the Free Exercise Clause
Separation of Church and State
Thomas Jefferson wrote a letter to the Danbury
Baptist Association in 1802 to answer a letter from
them, asking why he would not proclaim national
days of fasting and thanksiving, as had been done
by Washington and Adams before him. The letter
contains the phrase "wall of separation between
church and state," which lead to the short-hand
for the Establishment Clause that we use today:
"Separation of church and state.“
Jefferson’s Letter
To messers Nehemiah Dodge, Ephraim Robbins, & Stephen
S. Nelson, a committee of the Danbury Baptist association
in the state of Connecticut.
Gentlemen
The affectionate sentiments of esteem & approbation which
you are so good as to express towards me, on behalf of
the Danbury Baptist association, give me the highest
satisfaction. my duties dictate a faithful & zealous pursuit
of the interests of my constituents, and in proportion as
they are persuaded of my fidelity to those duties, the
discharge of them becomes more & more pleasing.
Continued…
Believing with you that religion is a matter which lies solely
between man & his god, that he owes account to none
other for his faith or his worship, that the legitimate powers
of government reach actions only, and not opinions, I
contemplate with sovereign reverence that act of the
whole American people which declared that their
legislature should make no law respecting an
establishment of religion, or prohibiting the free exercise
thereof, thus building a wall of separation between church
and state.
. . .
Court Decisions
Page 556 in your textbook
“How did the Court Rule?”
Freedom of Speech?
Ferguson, Missouri
Freedom of the Press?
6 more journalists arrested in Ferguson protests
Most were only held briefly, not charged
Author: By Brian Stelter CNN
Six journalists were taken into custody while covering
the protests in Ferguson, Missouri, on Monday and early
Tuesday, aggravating what one press freedom group has
called a "concerted, top-down effort to restrict the
fundamental First Amendment rights of the public and the
press.“ The incidents bring the total number of
journalists arrested during the mid-August protests to
11.
Freedoms of Speech and Press
Page 564 in our textbook – “Rules of the
Road”
Freedom of Assembly and Petition?
Public vs Private Property
Page 571 in our textbook…
http://www.portlandmercury.com/BlogtownPDX/archives/2014/11
/30/nashville-handles-blocked-roads-freeways-differently-thanportland-hot-chocolate-bottled-water-no-arrests
How does the NRA feel about the Second Amendment?
Gun Violence in Chicago
http://crime.chicagotribune.com/chicago/shoot
ings
The Gun Control Debate
Gun control is a hot button issue that boils
over whenever acts of gun violence occur.
Citizens, lawmakers and gun lobbyists have
been debating the issue of gun control for
more than a century, and there has yet to
be a definitive answer. Proponents of gun
control don’t believe that state and federal
gun control acts do enough, and gun rights
advocates believe that the laws go too far.
Opponents of Gun Control
Opponents of gun control laws argue that Americans have
the right to bear arms. They say that gun control laws
would prevent individuals from defending themselves and
their property lawfully. They also support the rights of
hunters, sport shooters and recreational gunmen. One of
the most common laws that these groups cite is the
Second Amendment of the U.S. Constitution. This 27word passage includes the famous phrase “the right of
the people to keep and bear arms shall not be
infringed.” The fundamental argument that gun control
opponents make is that the right to own and use weapons
is an undeniable personal freedom guaranteed by the
Constitution.
Proponents of Gun Control
Proponents of gun control believe that stronger laws can
prevent the needless loss of life. Even individuals who
support gun rights acknowledge that certain people should
not be permitted to own guns. Current gun control laws
prevent criminals, mentally ill individuals and children from
owning guns. Unfortunately, there have been instances
where young people and deranged gunmen have acquired
weapons and used them to commit mass murders. Law
reviews from the 1970s cite America’s high rate of gunrelated crimes compared to other industrial countries as a
driving factor behind gun control legislation. Statistics like
this prompted New York City to successfully reduce its
crime rates by putting gun control laws into action.
Thomas Jefferson...
Video Time
Lets look at one side of the argument and
then the other side...
And then what tyranny may look like one
day???
Third Amendment
This amendment was added to prevent the
United States military do to its citizens what
the British army had done, make residents
house and feed its soldiers. This
amendment is viewed now as antiquated
and has never been the subject of a
Supreme Court case.
Mapp v Ohio?
Video Time...
Steps of Justice
The Fifth Amendment
The Fifth Amendment gives you the right to
remain silent and that you can not be tried
for the same crime more than once or
“double jeopardy”. It also calls for a grand
jury, an indictment, and presentment of
the accusation(s).
Right to Remain Silent
Part of the Miranda warning, “You have the
right to remain silent, anything you say may
be used against you in a court of law...”
This is referred to as “Pleading the Fifth.”
The accused has the right to remain silent, so
as not to incriminate themselves.
Miranda Rights
Page 600 in your textbook. Landmark
Decisions of the Supreme Court.
Miranda v. Arizona (1966)
Who was Ernesto Miranda?
Video Time...
Miranda's story...
Eminent Domain
The Fifth Amendment also states that “nor
shall private property be taken for public
use, without just compensation.”
Eminent Domain: Power of a government to
take private property for public use.
Who has Eminent Domain powers in
Tennessee?
http://www.state.tn.us/tacir/PDF_FILES/Growt
h_Policy/EminentDomain.pdf
Video Time….
How would you like to lose your house?
Speedy Trial
What is the definition of Speedy?
JUNE 26, 2013: Hernandez is taken into custody by
police. Just hours after that happens, the Patriots
release Hernandez. Thing don't get much better later
in the day for Hernandez. At a court hearing,
Hernandez is charged with murder in relation to
Lloyd's death. Later that evening, a Boston television
station reports that police are looking into possible
ties Hernandez might have to a 2012 double-murder.
Speedy?
June, 16, 2014: Nearly a year to the day after
Lloyd was gunned down, a tentative trial
date is finally set for Hernandez. Assuming
there are no further delays, the murder
case will begin on October 6.
How long is too long?
Barker v Wingo, a 1972 Supreme Court case,
established four criteria for a speedy trial:
1) The length of the delay
2) The reasons for it
3) Whether the delay has harmed the
defendant
4) Whether the defendant has asked for a
prompt trial.
Public Trial
This ensures that someone is tried in public,
to add a level of protection from the
prosecution. Some trials, like the O.J.
Simpson trial, have been very public.
Trial by Jury
A jury of ones peers from “the State and
district wherein the crime shall have been
committed...” This gives the accused the
benefit of having a jury familiar with the
people and problems in their area.
Change of Venue
The accused want a trial where no one has a
vast amount of prior knowledge of the
crime. He or she can request a change of
venue to try to get their trial moved to
another location where the jury may be
more impartial due to less exposure to
coverage of the case.
Bench Trial
The accused may want to have a trial without
a jury. The defendant may waive their right
to a jury trial and have the judge decide the
case. This is called a bench trial. The
defendant may also plead guilty.
Adequate Defense
Turn to page 597, Gideon v Wainwright
Clarence Earl Gideon
Video Time…
Video Time…
Anyone heard of the McDonalds Hot Coffee Case?
Video Time…
What really happened?
Newspaper Time
http://www.chron.com/news/houstontexas/houston/article/Prosecutor-who-sentinnocent-man-to-death-row-to-5604365.php
Ninth Amendment
http://civilliberty.about.com/od/equalrights/p/9t
h_amendment.htm
Tenth Amendment
http://www.heritage.org/constitution#!/amen
dments/10/essays/163/reserved-powers-ofthe-states
Today's State Standards
Rights and Responsibilities of Citizens
Students evaluate the scope and limits of rights and obligations as democratic citizens, the
relationships among them, and how they are secured.
GC. 36 Explain how economic rights are secured and their importance to the individual and
to society, including the right to acquire, use, transfer, and dispose of property; right to
choose one’s work; the purpose of labor unions; copyrights and patents. (P)
GC.37 Describe the individual’s legal obligations to obey the law, serve as a juror, and pay
taxes. (P)
GC.38 Connect insights gained from appropriate informational text to describe the
obligations of civic-mindedness, including voting, being informed on civic issues,
volunteering and performing public service, and serving in the military or alternative
service. (P)
GC.40 Explain how one becomes a citizen of the United States, including the process of
naturalization. (P)
Our objectives
Understand our rights as granted by the Bill of
Rights. Understand our obligations as US
citizens.