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The Invaders

The Invaders. A Constitutional Rights Activity. What is a right?. The Florida Constitution. Where are our rights listed?. What is the purpose of a Constitution?. States how the government is organized and its functions Lists some (but not all) of our rights Limits the powers of government.

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The Invaders

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  1. The Invaders A Constitutional Rights Activity

  2. What is a right?

  3. The Florida Constitution Where are our rights listed?

  4. What is the purpose of a Constitution? • States how the government is organized and its functions • Lists some (but not all) of our rights • Limits the powers of government

  5. Who does the Constitution protect us from?

  6. What are the first 10 amendments to our US Constitution called?

  7. Who makes sure our rights are protected?

  8. Granted by Protected by How It Works Rights are granted by the Constitution, and the Constitution is protected by the Courts.

  9. Let’s look at some of the rights in our US Constitution

  10. Freedom of Speech

  11. Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.

  12. Amendment I (First Amendment) • Religion • Speech • Press • Peaceful assembly • Petition the Government Remember the Fab 5?

  13. FIRE! Speech:the communication or expression of thoughts to convey a message Should speech ever be limited?

  14. Right to protection from unreasonable searches and seizures

  15. Amendment IV 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 of affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

  16. Search: To go or look through carefully in order to find something Seizure: Taking of an item or property

  17. Important Issues Warrants Probable Cause Exclusionary Rule Warrant: allows search and seizure of property, items, etc. Police officers who want a warrant have to give enough facts to convince the judge there is probable cause. Prevents the government from using evidence at trial that was gathered illegally. Enough evidence to believe that an illegal act is being or has been done. Exceptions: Warrants are not always required depending on the circumstances. Fruit of the poisonous tree

  18. Protection from Self-Incrimination

  19. Amendment V 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.

  20. I would like to plead the Fifth. Protection from self-incrimination: don’t have to testify against yourself

  21. nor shall any person be subject for the same offense* to be twice put in jeopardy Double jeopardy: being tried for the same crime twice

  22. …without due process of law… Due process: the right of a citizen to fair and proper legal procedures

  23. …nor shall private property be taken for public use, without just compensation. This is known as “eminent domain”: the power of the government to take private property for public use, with compensation paid to the owner So the government cannot take your property and turn it into a park, unless they pay you for the property. Government

  24. Right to protection from cruel and unusual punishment

  25. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

  26. Amendment VIII (Eighth Amendment) • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Bail: a sum of money deposited to secure an accused person's temporary release from custody and to guarantee that person's appearance in court at a later date What counts as “cruel and unusual punishment?” Cruel & Unusual: Involving torture or a lingering death; barbarous; inhumane; involving the unnecessary and wanton infliction of pain Denying food and water to inmates in prison? Being sentenced to life in prison for speeding? Too much homework?

  27. Right to Legal Counsel

  28. Amendment VI 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 favor, and to have the assistance of counsel for his defense.

  29. Legal Counsel: the right to have a lawyer in a criminal trial Gideon v. Wainwright (1963) Mr. Gideon was charged with a felony but did not have money for a lawyer. He felt it was unfair and asked for a free lawyer. The US Supreme Court agreed that in order to have a fair trial, poor defendants needed a lawyer.

  30. Assistance of Counsel for his defense* The original text of the U.S. Constitution reads “defence”. Please note correct spelling is “defense”. Assistance of Counsel: the right to a lawyer during a criminal case, even if you cannot afford one

  31. Freedom of the Press

  32. Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.

  33. Press: print or broadcast media to report the news What would happen if the government owned all of the press? Should the press have limits? ?

  34. Right to Jury Trial

  35. Amendment VI 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 favor, and to have the assistance of counsel for his defense. Note: Also Amendment VII

  36. impartial jury impartial: having no direct involvement or interest and not favoring one person or side more than another Jury: a group of persons selected and sworn to give a decision/verdict based on facts in a legal case Why is an impartial jury important in our justice system?

  37. Freedom of Religion

  38. Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.

  39. Establishment clause: Congress may not establish (set up) an official religion for our country or favor any one religion over others Free exercise clause: Congress may not stop you from holding any religious beliefs you choose or from having no religious beliefs; the government cannot unfairly limit your right to practice your religion

  40. Right to Peaceably Assemble

  41. Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.

  42. Peaceably: Not violent; calm Assemble: To bring together or to gather in one place

  43. Park Sidewalk Street Manner Place Time Where do you have the right to assemble? What are possible limitations?

  44. Right to Bear Arms

  45. Amendment 2 A well regulated Militia, being necessary to the security of the free State, the right of the people to keep and bear Arms, shall not be infringed.

  46. Should there be limits on the right to bear arms? Should people even be allowed to use guns? Should individuals have the right or just the police ?

  47. You Decide • You are now faced with the task of deciding which of the rights presented on Handout A you feel are most important. • Individually, decide which five rights you want to keep. Put a next to the five rights you find to be the most important. • Now, in your group, you must select five rights to keep as a group. You will need to work together and compromise on the five 5 you select.

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