The Amendments and Your Individual Rights

1. The Amendments and Your Individual Rights Chapter 4 Pages 84-107 in Text

2. Natural Rights Vs. Privileges Natural Rights Privileges • Rights (protections) that are guaranteed to us simply because we exist. • We do not earn them, they are not given out, and they cannot be taken away from us (except in extreme cases) • Special advantages, permission, benefits, or possessions that are granted to an individual because they were earned by action or achievement. • These are not guaranteed and can be taken away if they do not continue to do what is needed to maintain the privilege.

3. Civil Rights Vs. Natural Rights • Natural Rights are ours because we exist, but there is another level of rights…. • Civil Rights are the aspects of our life that are guaranteed to us because we are a CITIZEN of the United States of America, we do not have to earn them, they are not given, and they cannot be taken away from us, instead it is the governments job to protect these rights at all times. • If you were a citizen of another country, you would have a different set of Civil Rights

4. Bill of Rights • The first Ten Amendments were ratified and added to the Constitution in 1791. • They are known as the “Bill of Rights” because they list out the basic Civil Rights that every citizen is guaranteed in this nation.

5. Bill of Rights 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 peaceable to assemble, and to petition the government for a redress of grievances. • Freedom of Religion • A person cannot be forced to accept or be involved with any religion. • Religion cannot be a formal requirement. • Religion cannot be limited, regulated, or denied. • No “National Religion”, meaning - separation between the government and religious beliefs.

6. Freedom of Religion • How much influence should religious beliefs have over our government? • Should laws be based on religious beliefs? • Should any religion be acknowledged by our government? • Should religious beliefs take precedence over federal authority? • Can people break laws in the name of religion? • Should religious institutions be free from taxation? • Property taxes, sales taxes, etc. • Should the government provide the same funding for religious based services that are used in place of public services? • Schools, food kitchens, shelters, etc.

7. Free Write We live in a society where people can “freely” speak their mind. How does this affect our society and is it a good thing? Do disagreements promote a deeper understanding and discussion of issues?

8. Bill of Rights 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 peaceable to assemble, and to petition the government for a redress of grievances. • Freedom of Speech • The government cannot take action or make any laws that limits an individuals or groups expression of their opinion, regardless of how unpopular it is. • This includes vocal, written, and physical expression.

9. Freedom of Speech • The Exceptions to the rule: • You cannot force someone to listen to you and must be appropriate for possible audience. • If people are required (school, work) to listen to you, then you cannot say offensive and inappropriate things. • If children could be exposed to you (TV, Radio, Magazines) then you can be limited or censored. • You are legally responsible for what you write or say. • People can sue a person for Slander (false oral statements that damage’s some one’s reputation) or Libel (published false written statements that damage’s some one’s reputation). • People can be criminally charged for lying under oath, false reports, and false accusations. • Your speech can be limited if it will put someone else in danger. • Yelling “Fire,” when there is not one, in a packed movie theater could cause someone to get trampled.

10. Bill of Rights 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 peaceable to assemble, and to petition the government for a redress of grievances. • Freedom of Press • The government cannot take action or make any laws that limits what the press can report. • This is Censorship.

11. Freedom of Press • The Exceptions to the rule: • The government regulates how the news is reported when it comes to the use of obscene, vulgar, or graphic language and/or materials that could be seen by children or people that do not want to see them. • The Government allows the press to cover most of its daily activities, the only limits come to closed door meetings and some regulations with the military. • These restrictions fall under the “Danger” category, meaning that if everyone, including our enemies, knew exactly what we were planning on doing or could do, then we would be in danger.

12. Bill of Rights 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 peaceable to assemble, and to petition the government for a redress of grievances. • Freedom of Assembly and Petition (Protest) • Americans have a protected right to peacefully gather, organize, and/or take action with the sole purpose of trying to change something they disagree with. • This protects both sides of the issue, allowing unpopular groups protection also (hate groups)

13. Freedom of Assembly and Petition • The Exceptions to the rule: • Peaceful is the key part, any action must be done in a peaceful manner, it can not intentionally cause damage or harm. • Cannot be obscene. • This is loose, because it is up to the community as to what is obscene. • It cannot disturb/disrupt people that have nothing to do with the situation. • Meaning you cannot block traffic in New York protesting an issue that deals with Alaska.

14. Freedom of Assembly and Petition Police can break up protests if it gets out of control. Local governments can tell groups where/when they can protest to keep the peace. Includes your right to question your representatives.

15. Bill of Rights Amendment 2 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. (weakened) • Right to own guns • This is heavily debated today as to what this means. • We do not need or have a “well-regulated militia,” so do we need guns? • The U.S. Government has allowed for many regulation and limits on guns, but has ruled against completely banning guns.

16. -Free Write/Discussion- Question: Think About Are Americans taking advantage of these freedoms today in a way that is hurting our society/country? What can be done about this? Intolerance Violent use of guns Crime/violence being glorified in movies, music, TV, games Media being so involved in mainstream culture and way of thinking

17. Bill of Rights Amendment 4 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 persons or things to be seized. • Right to Privacy – No unreasonable Search and Seizure • Mainly applies to police. • Police must obtain a warrant from a judge to search a person/property and must explain “probable cause.” • Does not apply when caught committing a crime, plain sight, safety issues, or if evidence could be destroyed.

18. Bill of Rights Amendment 5 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 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. • Freedom from prosecution without indictment. • This says that we must be indicted (charged) with a crime before we are tried/punished for a crime. • Grand Jury hears the case and decides if there is enough of a case for a trial or not. • Enough of a case then charges are filed , not enough no charges.

19. Bill of Rights Amendment 5 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 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. • Freedom from double jeopardy • A person can not be tried for the same crime more than 1 time, unless there is a mistrial.

20. Bill of Rights Amendment 5 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 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. • Freedom from self-incrimination • A person cannot be forced to testify against themselves. • Accused only testifies if they choose to, cannot be forced. • If an answer may admit guilt, they can “plead the fifth” and refuse to answer a question. • A person does not have to answer police questioning if it could show guilt. • If a person has immunity, not going to be punished for the crime, they must testify and admit their role.

21. Bill of Rights Amendment 5 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 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. • Guaranteed Due Process • All citizens are guaranteed that the proper process will always be followed in each situation in dealing with law. • Miranda Rights • Access to counsel • Proper trial procedure • If these are not followed then charges are dismissed and you are freed.

22. Bill of Rights Amendment 5 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 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. • Freedom to own property • By stating that private property cannot be taken without just compensation, also saying that one is allowed to own property. • Right of Eminent Domain • The government can take your property, if they pay you, for public use. • They must pay you fairly and must justify taking your land.

23. Bill of Rights • Amendment 6 • 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. • Rights of the Accused • Right to a timely, public, and impartial jury trial of their peers. • The trial is to take place in the area the crime was committed. • Right to know what you are accused of. • Right to confront (question) witnesses/accuser against you. • Right to get witnesses on you behalf. • People can be forced to testify. • Right to a lawyer.

24. Bill of Rights • Amendment 7 • 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. • Civil Suits • Jury trial is guaranteed in cases of Civil Lawsuits involving $20.00. • Choice of a judge or a jury hearing the case. • Case cannot be re-examined (appealed) once a jury has made a ruling.

25. Bill of Rights • Amendment 8 • Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and unusual punishments inflicted. • Bails, Fines, and Punishments • Bail shall fairly balance the crime with the means of the accused. • Fines must be reasonable to the crime. • No Cruel and Unusual Punishments…. • Changes with time and is what society feels is cruel or unusual.

26. Bill of Rights • Cruel and Unusual Punishment • What is “appropriate” and what is “excessive”? • It is in the eye of the beholder. • Death Penalty • Some states allow the death penalty, some do not. • Very heavily debated. • Physical Punishment • We do not allow physical punishments (whippings, beatings, etc.)

27. Bill of Rights • Amendments 9 • The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. • Rights not listed • Even though something was not listed in the Constitution, does not mean that it is not a right and should not be protected…..Vote, Marriage, equality, education, etc.

28. Bill of Rights • Amendment 10 • 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. • Powers Reserved to the States and People • Any power not listed by the Constitution is reserved for the states and/or the people to have. • Gambling, Alcohol, laws.

29. Where did American Civil Rights come from? • Salutary Neglect • Due to the distance between the American Colonies and Great Britain most colonies self-governed and were very independent. • When Britain tried to show more control, the colonies revolted and became free. • The Declaration of Independence • When the colonies became independent, they listed all the “rights” that had been abused by Britain. • Those “rights” became our Civil Rights.

30. Writ of Habeas Corpus • All prisoners must be brought before a judge to hear the charges against them. • Without this, a person could be left in jail for any length of time without knowing why. • Once a Writ has been filed, the police must bring the prisoner to court immediately or drop all charges and free the prisoner. • The writ can be requested by a prisoner or an attorney.

31. No Bill of Attainder • Bill of Attainder allows people to be fined at the time of the arrest, without the opportunity to go to court. • This is ILLEGAL in the United States. • A person always has the right to go before a court for a trial by jury.

32. No Ex Post Facto Laws • Laws that make an action, that has already been done, illegal after the fact. • Meaning someone could do something legal at the time but get punished after the fact. • Not allowed by the U.S. Constitution. • In addition to making a legal action illegal, this also includes increasing fines/jail time. • You only can be punished by the standards when the crime happened.

33. Treason The betrayal of one’s own country. The founders made it difficult to convict of Treason because it is such a serious offense. • Two or more witnesses must testify to have knowledge of the act. • It must be a definite physical act, not just talk or meeting about it. • A confession is only used if the accused does it in open court.

34. States protecting rights State constitution is a contract between the state and the people. Congress approved all state constitutions . 14th Amendment gives federal judges the power to enforce freedoms or rights that the state doesn’t.

35. Other Civil Liberties in the Amendments Personal Rights Voting Rights • 13th Amendment • Freed the Slaves by abolishing Slavery. • 14th Amendment • Gave citizenship to all Americans, specifically the freed Slaves. • 15th Amendment • Gave the right to vote to ALL men, regardless of race or color • 19th Amendment • Gave the right to vote to women. • 26th Amendment • Lowered the voting age to 18

36. Citizenship • 3 ways a person becomes a citizen: • Born to at least 1 American Citizen • Born on American soil, even to illegal immigrants • Child has dual citizenship until adulthood, then they pick one. • Going through the Naturalization process • File a “Statement of Intent” • Notify the government that they want to become a citizen. • Five years later they have to file a second “Statement of Intent” • File more paperwork and renounce previous citizenship • Take the Oath of Citizenship • Pass citizenship test and take oath to become a citizen

37. Citizenship Questions • Do we take citizenship for granted? • Should we add requirements to be a citizenship? • Should we have to earn citizenship? • Military Service? • Mandatory Voting? • Community Service? • Education Requirements?

38. Loss of Citizenship Deliberately renounce it Convicted of treason or rebellion Serve the armed forces of another nation without permission Become a naturalized citizen of another country Lie during the naturalization process Felons do not lose their citizenship, but they do have their privileges reduced

39. Suspension of Liberties (rights) • The “Clear and Present Danger” Rule • In times of danger, the government can suspend certain rights in order to protect the nation. • Wiretaps violating right to privacy • Arresting and moving people • Suspending Habeas Corpus for prisoners of war • This does not happen often, but it has been allowed • The Supreme Court • These decisions can be appealed and are usually ruled unconstitutional, but ruling is held until the danger is gone.

40. Free Write When, if ever, do you think it is acceptable for the government of the United States of America to deny American citizens their Constitutional Rights? Explain why you feel the way you do.