Copy Vocabulary that we are using today: • Popular Sovereignty • The rule of law • Separation of powers • Checks and balances • federalism JOURNAL TOPIC TODAY: Review Model Presentation Homework: Complete WORKSHEET WORK ON RESEARCH PROJECT Monday: September 12 Essential Question: What are the parts of the amendments Research is Key to Understanding Last week you were assigned an Amendment to research and design a presentation for. Today will be your day to put that information together in a PowerPoint in anticipation for presentations tomorrow. REVISION: All students will be expected to present tomorrow. All presentations should be posted to Edmodo so that each can be pulled up quickly without having to worry about downloading or using a flash drive each time. There are 20 chosen amendments * 5 minutes: 100 minutes Please use your time wisely
What is the purpose of 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 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. This amendment was proposed in September, 25, 1789. It was ratified in, December, 15, 1791
What are the sections of The Fifth Amendment The Fifth Amendment to the U. S. Constitution enumerates five distinct individual freedoms: the right to be indicted by an IMPARTIAL GRAND JURY before being tried for a federal criminal offense; the right to be free from multiple prosecutions or multiple punishments for a single criminal offense; the right to have individual freedoms protected by DUE PROCESS OF LAW; the right to be free from government compelled SELF-INCRIMINATION; andthe right to receive just compensation when the government takes private property for public use.
What does it mean? This Amendment is a more famous Amendment than others because of the popular phrase, “I Plead The Fifth”. The Fifth Amendment gives you the right to Trial by Grand Jury for certain crimes. This also is the right to remain silent. And the right not to be tried or punished more than once for the same crime, the right to be tried only with due process of law and the right to be paid fair compensation for any property taken by the government for public use. To me this amendments basically the amendment that lets you keep your mouth shut until you get a lawyer, so then you don't incriminate yourself.
Protection Against CompelledSelf-Incrimination Arguably the most important procedural safeguard in the Fifth Amendment is the protection against compelled self-incrimination. • The protection is based on the belief that confessionsmade involuntarily may not be truthful.
The Text, Applicability, Interpretation, and Scope of the Fifth Amendment • Like nearly every other freedom guaranteed by the U. S. Constitution, the freedoms protected by the Fifth Amendment have two lives, one static and the other organic. • Their static life exists in the original language of the Fifth Amendment as it was ratified by the states in 1791, while their organic life exists in the growing body of state and federal CASE LAW interpreting the text, applying it, and defining its scope as new cases come before the courts • Because the Framers hoped that the Constitution would be an enduring document, they generally avoided using specific language that one might find in a code or a regulation. Instead of specifying particular instances of prohibited governmental conduct in the Bill of Rights, the Framers established broad principles that government officials must take into account before encroaching on individual freedoms. In this way the Framers required future generations of citizens to determine the Constitution's meaning.
Court Cases Regarding Changes to the 5th Amendment • As originally ratified it was unclear whether the Fifth Amendment applied only against action taken by the federal government or if it also protected freedoms from state governmental abuse. The Supreme Court answered this question in Barron v. City of Baltimore, 32 U.S. 243, 7 Pet. 243, 8 L.Ed. 672 (1833), when it ruled that the Fifth Amendment did not apply to the states. • This judgment settled the question until the Fourteenth Amendment was ratified in 1868. It guaranteed the citizens of every state the right to EQUAL PROTECTION of the laws and the right to due process of law. Following RATIFICATION of the Fourteenth Amendment, the Supreme Court began making individual freedoms enumerated in the Bill of Rights applicable to the states via the doctrine of incorporation. • Protection Against Compelled Self-Incrimination • In Miranda v. Arizona (1966) the court broadened the protection against compelled self-incrimination. Suspects must be notified of their specific rights or their confessions will not be admissible.
Protection Against CompelledSelf-Incrimination The Fifth Amendment further applies to trial procedures: • A defendant does not have to take the witness stand in a trial. • The prosecution is forbidden from commenting on the defendant’s silence or refusal to take the stand.
Copy Vocabulary that we are using today: • Popular Sovereignty • The rule of law • Separation of powers • Checks and balances • federalism JOURNAL TOPIC TODAY: http://www.youtube.com/watch?v=tlt6R1KD4E0&feature=related http://www.annenbergclassroom.org/page/the-story-of-the-bill-of-rights Watch Homework: Complete WORKSHEET WORK ON RESEARCH PROJECT Wednesday: September 13 Essential Question: What are the parts of the amendments Your Turn: Presentations Start with Amendment #10 - #20 hopefully
Copy Vocabulary that we are using today: • Popular Sovereignty • The rule of law • Separation of powers • Checks and balances • federalism JOURNAL TOPIC TODAY: NOTEBOOK TEST Homework: Complete WORKSHEET WORK ON RESEARCH PROJECT Wednesday: September 13 Essential Question: What are the parts of the amendments Notebook Test Your Turn: Presentations Start with Amendment #21-27 Worksheet for Bill of Rights/How are the Amendments similar or Different Quiz tomorrow
Notebook Quiz 9/15 1.) List three known Federalist and what idea they supported 2.) List three known Anti-Federalist and what idea they supported 3.) Which founding father is known as the Father of the Constitution? 4.) After the Constitution was finally completed which representative said “we ought to have a Bill of Rights”! He probably said this because he had just established the bill of rights for Virginia himself. 5.) List 3 protected rights given to us through the Bill of Rights!