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The Bill of Rights

The Bill of Rights. The first 10 amendments To the U. S. Constitution. Who determines what the Bill of Rights mean?. Individual??. Society??. The Supreme Court makes rulings on the meaning The Supreme Court balances the rights of the individual with the needs of society.

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The Bill of Rights

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  1. The Bill of Rights The first 10 amendments To the U. S. Constitution

  2. Who determines what the Bill of Rights mean? Individual?? Society?? The Supreme Court makes rulings on the meaning The Supreme Court balances the rights of the individual with the needs of society

  3. The first amendment—5 rights mentioned Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly Right to petition the government

  4. Five Rights in the Amendment Freedom of Religion Freedom of speech Freedom of the press Freedom of Assembly Petition the government

  5. Freedom of Religion • “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of” • Two clauses: • Establishment clause • Free Exercise clause

  6. Establishment and free exercise clause often conflict with each other • In schools, the religion issue is most prevalent • If a student raises his hand and says “teacher, can we say an opening prayer before this test” • If the teacher says: • “Yes”, It looks like establishment of religion • “No”, It is deigning a student free exercise.

  7. Establishment Clause—Government cannot promote religion

  8. Establishment clause-GovernmentCansCannot • Teach about religions in school • Allow voluntary prayer in many examples • Transport students to a religious school • Read Bible for culture or literacy content • Set a state religion • Government cannot order a prayer • Teach religious doctrine in the school • Pay seminary teachers • Teach creationism

  9. Free exercise of religion

  10. Free Exercise—The personCanCannot • Choose whatever religion • Lead a prayer in most examples • Ask questions about religions • Worship who ever you want • Break the law and claim it is religious belief • Raise children without education • Deprave children of basic needs

  11. Freedom of speech “Congress shall make no laws . . . abridging the freedom of speech”

  12. Free speech– The individual can: Say any political belief Protest (without getting out of control) Say things about someone that are true Burn the flag Say racist and hate slogans Free speech means someone might say something you disagree with

  13. Free speech—limits on the person Threaten to blow up airplanes, schools or the president Sexual harassment Create too much social chaos Extremely crude language in a public form Disrespectful, vulgar language in schools Hate crimes

  14. Homework • What are the 5 freedoms given in the 1st Amendment • What are the 2 clauses of Freedom of Religion • When can you pray in schools? (You can do it, so explain how) • What is one can of the Freedom of Speech • What is one cannot of the freedom of speech

  15. Freedom of the press Congress shall make no law . . . abridging . . . the freedom of the press.”

  16. Freedom of the press-the pressCan Cannot • Print any political position • Make fun of people, especially politicians • Expose wrongs by the government • Say things you might not agree with • Libel– intentionally injuring a person’s reputation by false facts • Disclose defense-security secrets • Detail how to make a certain weapons

  17. Freedom of Assembly Congress shall make no law . . . Abridging . . . The people to peaceably assemble”

  18. Freedom of Assembly--IndividualCan Cannot • Protest • Parade (with a permit) • Parade chanting hate slogans • Gang members can congregate in public • Protest by throwing rocks and breaking windows • Hang out on private land against owners will—loitering • Teen curfew

  19. Petition the Government “Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”

  20. Petition the government You may sue the government for wrongs You cannot be punished for exposing wrongs by the government The courts decide the wrongs

  21. 2nd Amendment—Right to bear arms “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”

  22. What is the debate with the right to bear arms? • How much can the government keep guns from criminals and youth? • In order to keep guns away from criminals, does that limit the right of law abiding citizens?

  23. Gun debate continued • Thousands of people die every year because of guns • Thousands of crimes are prevented because of guns Shoes representing gun deaths.

  24. Homework Give me an example of what the Freedom of Press allows What does Libel mean? According to the freedom of Assembly, you can assemble (parade) as long as you do not do what? What does the freedom of petition allow citizens to do? What is the 2nd Amendment?

  25. Third Amendment • The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.

  26. Third Amendment • Why was the amendment created? • It was created because the British Government made citizens house troops.

  27. Do you think the Government should be able to force you to quarter troops? • Why? • Why not?

  28. Rights of the Accused Amendments #4-8Important to preserve freedom

  29. 4th Amendment: Search and Seizure • Why would the 4th Amendment be added? • To prevent government from entering your home without reason. • To protect people’s privacy • British Government could enter your home for any reason

  30. Fourth Amendment • What does a policeman need in order to search your home? • A warrant given to him by a judge • Probable cause is also needed

  31. Fourth Amendment • Is the Fourth Amendment important? • Why?

  32. Fifth Amendment: Rights of the Citizens in Court • What basic rights should people have in court? • Explain…

  33. Fifth Amendment You cannot be tried for the same crime twice—called “Double Jeopardy” You do not have to testify against your self. “I plead the fifth” You must have due process of law before you are convicted The government cannot take your land unless it pays. Eminent Domain: Government must pay fair amount

  34. Sixth Amendment • Right to speedy trial by impartial jury—meaning not favoring either side

  35. Sixth Amendment continued • You must be told of charges • You must be provided a lawyer if you cannot afford one

  36. Sixth Amendment • Why is the Sixth Amendment important? • Why Was it created? • British Government did not give people rights in courts

  37. Homework What is the 3rd Amendment According to the 4th Amendment, what do police officers need before they can enter into your home? What does it mean to “Plead the 5th”? What does Double Jeopardy Mean? What is the 6th Amendment?

  38. Seventh Amendment: Right to trial by Jury • Why is it important to have a trial jury? • Why was this amendment created? • To prevent anyone from being treated unfair • Because British Government would punish people without juries

  39. Seventh Amendment • What could happen if you did not have a jury in a court hearing? • The decision of if you were to be imprisoned or not would be decided by a judge or law enforcement, not a jury of common people (Peers)

  40. Eighth Amendment: Cruel and Unusual Punishments • No excessive bail • Bail: amount of money needed to get someone out of jail/prison • No cruel and unusual punishment

  41. Eighth Amendment • What could happen without this amendment? • You could be jailed for minor crimes, but be punished as if you committed a major crime • Why was this amendment Created? • To prevent unfair treatment

  42. Helpful Reminder • If you were in a cannibalistic society, what would be the punishment for committing a crime? • You would be ate by the cannibals Or • You would be 8 by the cannibals

  43. Ninth Amendment: Powers Reserved for the People • This Amendment gives people rights and powers that are not listed in the Constitution • It makes sure that people’s rights are limited

  44. Ninth Amendment • Can you think of any examples of laws not in the Constitution? • Examples • Labor Unions, Minimum Wage, Equal Opportunities Act

  45. Tenth Amendment: Rights Reserved to the State • The Constitution gives the state’s power and the right to make laws that are not in the U.S. Constitution

  46. Tenth Amendment • Can you think of any examples of the 10th Amendment? • Examples • Diving Age, Marriage Age, Traffic Laws, Medical Drug Use, Marriage Laws

  47. Homework What would happen if the 7th Amendment wasn’t created? What does the 8th Amendment prevent? What is the 9th Amendment? Give me 3 examples of the 9th Amendment? What is the 10th Amendment, and give me 2 examples of the 10th Amendment

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