File - Stingray Civics

January 10, 2018 | Author: Anonymous | Category: Social Science, Law, Constitutional Law
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The Bill of Rights

The Bill of Rights 

Added in 1791, the first 10 amendments are known as the “Bill of Rights”.  The purpose is to limit the power of the federal goverment  They place limits on the government and guarantee our “civil liberties” as American citizens.

Civil Liberties “Civil liberties” are freedoms we have to think and act without government interference or fear of unfair treatment.  The Amendments place strict limits on how the federal government treats the people. 

Civil Liberties 





“Civil liberties”, however, do not allow American citizens to do things like break the law. “Your rights end where someone else’s begin”… Your rights are balanced against the rights of others and the good of the community.

“R.A.S.S.D.A.T.

E.P.S.”

“R.A.S.S.D.A.T. 

R.A.S.S.D.A.T. E.P.S is an easy way to remember the “Bill of Rights”.

E.P.S.”

“R.A.S.S.D.A.T. 

E.P.S.”

R = Religion, Assembly, Speech, Press, Petition  A = Arms  S = Soldier Quartering  S = Search & Seizure (privacy amendment)  D = Double Jeopardy, Due process, eminent Domain and you Don’t have to testify against yourself (rights of the accused)  A = Attorney & fair and speedy trial  T = Trial by Jury  E = Excessive Bail  P = People’s Rights  S = States Rights

The First Amendment

“R.A.S.P.P.” “R.A.S.P.P” is a good acronym to remember the major elements of the First Amendment.  This amendment protects the 5 basic freedoms that are essential to the American way of life. 

1. “R” = Religion 

Freedom of Religion prohibits Congress from establishing any official or “state” religion in the U.S.  It also guarantees Americans the right to worship or practice any religion they choose (or to not worship at all).  Americans special value on freedom of religion since many people moved here to escape religious persecution.

2. “A” = Assembly 

Freedom of Assembly protects our right to assembly in groups for any reason as long as these assemblies are peaceful in nature.  This also allows us to join whatever groups we choose to join…

3. “S” = Speech 





Freedom of Speech protects our right to say what is on your mind, in public or private, without fear of punishment by the government. Face to face discussions, telephone conversations, TV, lectures, and even “unspoken expressions” are all protected. It does not allow for speech that is harmful to people or that threatens the government. – Slander: spoken lies – Libel: maliciously printing lies

3. “S” = Speech 



Freedom of Speech also does NOT protect our citizens from committing “slander” (spoken lies) or “libel” (written lies) towards another citizen. It also does NOT allow for harmful speech towards others or that threatens our government

4. “P” = Press 

Freedom of the press protects our rights to publish information freely and allows us to read what others have published (without “censorship”).  This freedom is also limited (as speech)

5. “P” = Petition 

Freedom of petition guarantees all Americans the right to petition (a formal request) the government.  This allows us to express our views to the government.

Other Guarantees in the Bill of Rights

The Second 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”

The Second Amendment The “Second Amendment” guarantees the right to keep and bear arms.  Originally added to ensure a well trained militia would be ready to fight due to the lack of a large, regular army in winning our independence from Great Britain.  While the courts have maintained the right of a citizen to own a gun, it has allowed government to regulate some gun control. 

The Third Amendment 

“No Soldier, 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”

The Third Amendment The “Third Amendment” limits the power of the national government to force Americans to “quarter” or house soldiers.  While not a major issue today, it was a major source of resentment when American colonists were forced to house and feed British soldiers. 

The Fourth Amendment (“The Privacy 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 person or things to be seized”

The Fourth Amendment (“The Privacy Amendment”) The “Fourth Amendment” protects American citizens from unreasonable searches and seizures by the government.  A citizen’s home / business / or person may be searched by law enforcement if they have reasonable cause and obtained a “search warrant”.  A “search warrant” is a legal document, signed by a judge, allowing law enforcement to search a home or business to gather certain evidence. 

The Fifth 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 offence 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”

The Fifth Amendment 

The “Fifth Amendment” protects the rights of people accused of a crime.



No citizen can be denied the right to life, liberty, or property without “DUE PROCESS” of law (following proper procedures which are also themselves reasonable).

The Fifth Amendment The “Fifth Amendment” protects the rights of people accused of a crime. Types of cases:

  –





Criminal: Defendant has committed an act against someone that is against the law (felony; misdemeanor) Civil: Disputes or disagreements between two parties (divorce, child support, landlord/rent payment, injury)

Cannot be accused of a crime again if found not guilty the first time – called double jeopardy.

The Fifth Amendment 

Also limits the government’s power of “EMINENT DOMAIN” (the right of the government to take private property)



An accused person has the right to remain silent – this is called pleading the 5th! (Right to remain silent)

The Sixth 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."

The Sixth Amendment 



The “Sixth Amendment” guarantees additional rights to people accused of crimes. This includes a trial by jury, a right to a speedy trial, the right to an attorney, and the right to hear all charges against you.

“The Seventh 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.

The Seventh Amendment 



The “Seventh Amendment” guarantees the right to a trial by jury in civil cases (lawsuits that involve disagreements between people, not crimes). This is if the amount involves more than $20.00.

The Eighth Amendment 

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

The Eighth Amendment 





The “Eighth Amendment” forbids “excessive bail” for the accused and forbids cruel and unusual punishments “Bail” is a sum of money used as a security deposit to ensure the accused will return to court. Judges determine the amount of bail, which is returned when the accused comes back to court.

The Ninth Amendment 

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The Ninth Amendment 



The “Ninth Amendment” makes clear that the rights spelled out in the Constitution are NOT the only rights granted to the American citizens. It is understood that we all have more rights than are spelled out specifically in the Constitution…

The Tenth 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.

The Tenth Amendment 

 

The “Tenth Amendment” states that any power not directly specified in the Constitution for the national government is reserved for the states (or for the people) The purpose of this amendment is to keep the power of the President or Congress limited. The powers of the state are not enumerated, so states rights have been constantly debated in the Supreme Court.

The statement below was made by Thomas Jefferson in a 1786 letter to John Jay.

“. . . our liberty, which cannot be guarded but by the freedom of the press . . .” Why should this freedom be guarded? A. to provide the news media with a guaranteed profit B. to keep the news media from controlling the political process C. to provide the government with an accurate information source D. to keep the government from becoming the primary information source

Bill of Rights Scenarios 

For each scenario, explain which constitutional rights and amendments are involved.  HOARD YOUR BOARD!  On your whiteboard, explain the following: – Which right (if any!) was violated – Which amendment is involved?



Juanita lives near a factory that puts foulsmelling smoke in the air. Juanita and her neighbors call a meeting at Juanita’s house to discuss what they can do about the smoke. However, the police block the entrance to the home and tell people that they do not have the right to hold a meeting. Right to assembly, 1st amendment



The government lacked money to support the nation’s military forces. To save money, General Marolla ordered that troops be placed in the homes of people living close to military bases. Matt lived next to an army base, and two soldiers moved into his house, even though he did not want them there. No Quartering, 3rd amendment



Brendan is accused of armed robbery and given a trial. The jury finds Brendan not guilty. The next day the prosecutor decides that the verdict was not correct, and he orders Brendan arrested and tried for the crime again.

Double Jeopardy, 5th amendment



Mike is in his house watching television when two police officers knock at the door. They accuse Mike of having stolen property, enter the house, and take several things that they say do not belong to Mike. When he asks if the police officers have permission to take his things, they just laugh and leave with the property. Unreasonable Search and Seizure, 4th amendment



Tasha, a student, is arrested for stealing jewelry from American Eagle. At her trial, the judge decides that the appropriate punishment is to cut off Tasha’s hands so she will no longer be able to shoplift.

No cruel and unusual punishment, 8th amendment



Bob enters a movie theatre and screams "Bomb!" just to see the reaction of the people in the auditorium. There is a stampede to leave the theatre and multiple movie goers are injured. Freedom of speech, not protected because it harms others, 1st amendment



Three teenagers are killed in a drive by shooting in a small community. The city lawmakers pass an ordinance outlawing the sale of guns in the state to try and cut down on the gun-related violence.

Right to bear arms, 2nd amendment



Rob was accused of robbing a pawnshop. The cops arrested him within two days after the incident. Since he was unemployed and had no job, he could not afford a lawyer to prove his innocence. He claimed the cops falsely arrested because he was at home when the crime occurred. A storeowner claimed Rob was the man who committed the criminal act. Rob cannot afford a lawyer to prove his innocence. Right to counsel, 6th amendment



Shiela is charged for being a spy from Russia. Shiela refused to testify against herself at the trial. The reason for her refusal was to avoid releasing evidence to the court that would convict her of the alleged crime. However, she is receiving pressure from the prosecution to take the witness stand, and testify against herself against her will. Don’t have to testify against yourself, 5th amendment



The editor of the Panama City News Herald published an article criticizing the Presidents recent Medicare plan. The President forces the paper to remove the article stating it makes him look bad. Freedom of the press, 1st amendment

Constitutional Rights 

Label your foldable: – Individual Freedoms – Rights of the Accused – Protection from Abuse of Power – Other Safeguards



Using your green article, take notes that include: – Important vocabulary

– The main idea of the section – Key details

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