Bill of Rights Chapter 4

January 8, 2018 | Author: Anonymous | Category: Social Science, Political Science, Civics
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An individual’s rights must be balanced with the rights of others and the community’s health and safety.

Community vs. Individual Rights

When there is a conflict, the rights of the community often come first.

The Bill of Rights protects our civil liberties-the freedoms we have to think and to act without government interference or fear of unfair treatment.

Freedom of religion Freedom of speech Freedom of the press Freedom of assembly

I do not agree with what you have to say, but I’ll defend to death your right to say it. Voltaire

Freedom of association

Freedom to petition the government Petition=formal request; right to express one’s ideas to the government

Freedom of speech does not include the right to endanger our government or other American citizens. You do not have freedom to provoke a riot. You are not free to speak or write in a way that immediately leads to criminal activities or efforts to otherthrow the government by force.

Slander=Spreading spoken lies is a crime Libel=Spreading written/printed lies is a crime

The right to bear arms

Fourth Amendment-protects Americans against unreasonable searches and seizures. Search Warrant-a court order allowing law enforcement officers to search a suspect’s home or business and take specific items as evidence A drug-sniffing dog and police officer search lockers.

Every person is No trial may be Fifth Amendment entitled to due held unless a Miranda-Right to remain silent process of law. person is formally Accused persons may Due processcharged, or not be forced to testify means following No one may be legal Eminent domain is indicted, by the established against themselves. deprived of theirthe the right of the procedures; grand jury. government to take laws property bythemselves the property-A person found notprivate guilty Double Jeopardy-this means that people must be Indictment-a formal charge by a government usually land--for who are accused of a crime andwithout judged not reasonable may not be put on trial group of citizens called a grand compensation. public use. guilty may not be put on trial again for the jury, who review the evidence again for the same crime. same crime. against the accused

Sixth Amendment The accused must be The accused permitted to hear and must be informed question all witnesses. If possible, the of the nature of trial must be held the charges. in the area where The accused is entitled to The accused must a lawyer and to call the crime took be allowed a witnesses for his or her place. speedy and public defense. trial by an impartial It also requires that the accused be jury. allowed a trial by jury although they may ask to be tried by only a judge

Eighth Forbids excessive bail Amendment Forbids cruel and

unusual punishment Bail is a sum of money Debated for years what used as a security kinds of punishment are Bail can be denied-flight deposit. cruelagreed and unusual Generally that risk Protects against punishment should be in excessive fines if proportion, or balanced, Fines vary depending on convicted to the crime committed seriousness of the crime

In peacetime, soldiers may not move into private homes without the consent of the homeowner.

***Concerns civil cases-lawsuits that involve, or contain, disagreements between people rather than crimes. **Provides the right to a jury trial in federal courts to settle all disputes about property worth more than $20. *When both parties in a conflict agree agree, however, a judge rather than a jury may hear evidence and settle the case.

States that all other rights not spelled out in the Constitution are retained by the people.

**States that any powers the Constitution does not specifically give to the national government are reserved for the states and for the people. [Source of Reserved Powers] *Expresses the idea that the federal government is limited only to powers it is granted in the Constitution.

Places limits on suits against states.

Revises procedures for electing president and vice president [Top two vs. Ticket]

Civil War Amendment Abolishes slavery Outlawed any sort of forced labor, except as punishment for a crime.

Civil War Amendment Defines United States citizenship; guarantees all citizens equal protection of the laws

Born or naturalized in the United States

Civil War Amendment Prohibits restrictions on the rights to vote based on race and color

Suffrage=the right to vote Women still NOT allowed to vote

Gives Congress the power to levy an income tax.

Raise revenue

Enables voters to elect senators directly

Previously the state legislatures were to choose members of the Senate.

18th: Prohibits making, drinking, or selling alcoholic beverages [Prohibition]

21st: Repeals Prohibition [18th Amendment]

Gives women the right to vote (1920) Some territories like Wyoming (1869) gave women the right to vote

Changes the dates of congressional and presidential terms

Limits presidents to two terms in office (1951)

In response to FDR’s four terms

Gives residents of the District of Columbia the right to vote-national elections i.e. president and vice president

Abolishes poll taxes (1964) Poll taxes=required votes to pay a sum of money before casting a ballot

Poor people affected

Establishes procedures for succession to the presidency

Sets voting age at 18 years

Vietnam War 1971

Delays congressional pay raises until the term following their passage (1992)

Discrimination=unfair treatment based on prejudice against a certain group.

Jim Crow Laws-Southern states passed laws requiring African Americans and whites to be separated in most public places

Segregation=social separation of the races Civil Rights=rights of full citizenship and equality under the law

Supreme Court ruled racial segregation in public schools was unconstitutional. (1954)

Violated the 14th Amendment-equal protection under the law. (1868)

Prohibited discrimination in public facilities, employment, education, and voter registration. It banned discrimination based on race and color, sex or gender, religion, and national orgina.

Other groups have made gains Affirmative Action-federal government programs to try to make up past discrimination. These programs encouraged the hiring and promoting of minorities and women in fields that were traditionally closed to them. Colleges, too, practiced affirmative action to help minority students gain admission.

Affirmative Action from the start has been controversial. [Reverse Discrimination???]

Supreme Court struck down a University of Michigan point-based admission policy, stating that it gave excessive points to minority applicants.

Struggle for equal rights continues--each year the federal government receives more than 75,000 complaints of workplace discrimination.

Many Americans and others are sometimes subject to racial profiling by law enforcement officers--being singled out as suspects because of the way they look.

Some Americans even become the victims of hate crimes--acts of violence based on a person’s race, color, national origin, gender, or disability.

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