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Introduction to Constitutional Law

Introduction to Constitutional Law. Chapter 36 March 3, 2009. Bell-Ringer Week 6. Tuesday, March 03, 2009 Name three explicit rights guaranteed in the Bill of Rights. The Constitution. Separation of Powers Supreme Law of the Land Guarantees Basic Rights Endures – Oldest still in use.

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Introduction to Constitutional Law

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  1. Introduction to Constitutional Law Chapter 36 March 3, 2009

  2. Bell-Ringer Week 6 • Tuesday, March 03, 2009 • Name three explicit rights guaranteed in the Bill of Rights.

  3. The Constitution • Separation of Powers • Supreme Law of the Land • Guarantees Basic Rights • Endures – Oldest still in use. • Adaptive – Responsive to new world

  4. Amendments • Additions/change to the Constitution • 2/3 vote of both houses of Congress • National Convention called by Congress at the request of 2/3 of the States. ¾ of states must ratify it. • Declaration of Independence 1776 • Constitution adopted in 1787 • Bill of Rights added in 1791 • 1st Ten Amendments • Added under pressure • Rights often listed in State Constitutions

  5. Assignment • Cornell Notes for Chapter 36 • Pages 441-444 • We will complete Problem 36.2 Tomorrow. In class.

  6. Which one of these rights do you feel is the most important? Why? Right to… Privacy Jury trial Freedom of religion Travel Freedom of speech Vote assembly Bell-Ringer 3/4/2009 - Week 6

  7. Vocabulary Review • What is…? • Due Process • Balancing test

  8. Problem 36.2 “Rights are not Absolute” Why or why not? Examples

  9. Balancing tests.

  10. Economic Rights? • Constitutional? • Should it be?

  11. What are three basic tenets of understanding Constitutional law? • Rights guaranteed in the Constitution are not absolute. • The Constitution protects citizens from the acts of government. • Enforcing an Protecting your rights requires ongoing effort.

  12. Freedom of Speech Chapter 37

  13. The First Amendment… • 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 peaceably to assemble, and to petition the Government for a redress of grievances.

  14. Bell-Ringer – Q3-Week 7March 9, 2009 Fill in the blanks with the words at the bottom: • Rather than having the government establish the ______, freedom of ________ enables the truth to emerge from _______ opinions. • Diverse, truth, bank, speech

  15. Freedom of Speech can be limited. • Examples • Obscenity • Defamation • Commercial speech • Fighting words • Incitement • Time, place and manner can also have restrictions • Actions can be interpreted as speech (symbolic)

  16. When do you think limits are beyond reasonable?

  17. Obscenity • Anything that treats sex or nudity in an offensive or lewd manner, exceeds recognized standards of decency, and lacks serious literary, artistic, political, or scientific value. • In 1957, Justice Stewart stated about pornography, that he could not define it, but “I know it when I see it.”

  18. Obscene?

  19. Obscene?

  20. Obscene?

  21. Obscene?

  22. Obscene?

  23. Obscene?

  24. Miller v. California • Three-Part Test • 1. Average Person Standard • 2. Clearly Offensive specifically in law. • 3. Lack artistic, scientific, or other value?

  25. Obscene?

  26. Bell-Ringer 3/13 • Define: Incitement or hate speech and why it is a limit on the 1st Amendment.

  27. Fighting Words, Offensive Speakers, and Hostile Audiences • Place is a factor in determining whether speech is protected. • When public speaking • Consider the speaker and the audience

  28. Abusive or threatening Face-to-face that may lead to imminent breach of peace Used rarely Fighting words

  29. How to deal with angry audience? advocacy for illegal activity? Clear and Present Danger Test Examine the circumstances. Offensive Speech

  30. Page 460-461 Flag Burning

  31. Opinion A Should be protected Freedom of expression Political speech Symbolic Protecting opinions Peaceful - ok Opinion B Should not be protected National Unity Disrespect Cultural insult Hate Crime Shared Values Can be limited Historical Significance Protection from govt. Time, place, and manner do matter. Flag Burning

  32. Public Forum – place

  33. The right to do something doesn’t necessarily mean doing it is right.

  34. Bell-Ringer 3/16 Week 8 • What is meant by freedom of expression?

  35. Free Expression? Is this right? Do you have the right?

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