Bill of Rights Chapter 4

1. Bill of Rights Chapter 4 Objective: Analyze the Bill of Rights & Other Amendments

2. Limits on Rights An individual’s rights must be balanced with the rights of others and the community’s health and safety. Community vs. Individual Rights When there is a conflict, the rights of the community often come first.

3. Civil Liberties The Bill of Rights protects our civil liberties--the freedoms we have to think and to act without government interference or fear of unfair treatment.

4. Civil Liberties

5. First Amendment I do not agree with what you have to say, but I’ll defend to death your right to say it. Voltaire Freedom of religion Freedom of speech Freedom of the press Freedom of assembly Freedom of association Freedom to petition the government Petition=formal request; right to express one’s ideas to the government

6. First Amendment Limits Freedom of speech does not include the right to endanger our government or other American citizens. You do not have freedom to provoke a riot. You are not free to speak or write in a way that immediately leads to criminal activities or efforts to otherthrow the government by force. Slander=Spreading spoken lies is a crime Libel=Spreading written/printed lies is a crime

7. Second Amendment The right to bear arms

8. Protecting the Rights of the Accused Fourth Amendment-protects Americans against unreasonable searches and seizures. Search Warrant-a court order allowing law enforcement officers to search a suspect’s home or business and take specific items as evidence A drug-sniffing dog and police officer search lockers.

9. Protecting the Rights of the Accused Fifth Amendment Every person is entitled to due process of law. No trial may be held unless a person is formally charged, or indicted, by the grand jury. Miranda-Right to remain silent Accused persons may not be forced to testify against themselves. Due process-means following established legal procedures; the laws themselves must be reasonable No one may be deprived of their property by the government without compensation. Eminent domain is the right of the government to take private property--usually land--for public use. A person found not guilty may not be put on trial again for the same crime. Double Jeopardy-this means that people who are accused of a crime and judged not guilty may not be put on trial again for the same crime. Indictment-a formal charge by a group of citizens called a grand jury, who review the evidence against the accused

10. Protecting the Rights of the Accused Sixth Amendment The accused must be permitted to hear and question all witnesses. The accused must be informed of the nature of the charges. If possible, the trial must be held in the area where the crime took place. The accused is entitled to a lawyer and to call witnesses for his or her defense. The accused must be allowed a speedy and public trial by an impartial jury. It also requires that the accused be allowed a trial by jury although they may ask to be tried by only a judge instead.

11. Protecting the Rights of the Accused Eighth Amendment Forbids cruel and unusual punishment Forbids excessive bail Bail is a sum of money used as a security deposit. Debated for years what kinds of punishment are cruel and unusual Bail can be denied-flight risk Generally agreed that punishment should be in proportion, or balanced, to the crime committed Protects against excessive fines if convicted Fines vary depending on seriousness of the crime

12. Third Amendment In peacetime, soldiers may not move into private homes without the consent of the homeowner.

13. Seventh Amendment ***Concerns civil cases-lawsuits that involve, or contain, disagreements between people rather than crimes. **Provides the right to a jury trial in federal courts to settle all disputes about property worth more than $20. *When both parties in a conflict agree agree, however, a judge rather than a jury may hear evidence and settle the case.

14. Ninth Amendment States that all other rights not spelled out in the Constitution are retained by the people.

15. Tenth Amendment **States that any powers the Constitution does not specifically give to the national government are reserved for the states and for the people. [Source of Reserved Powers] *Expresses the idea that the federal government is limited only to powers it is granted in the Constitution.

16. Eleventh Amendment Places limits on suits against states.

17. Twelfth Amendment Revises procedures for electing president and vice president [Top two vs. Ticket]

18. Thirteenth Amendment Civil War Amendment Abolishes slavery Outlawed any sort of forced labor, except as punishment for a crime.

19. Fourteenth Amendment Civil War Amendment Defines United States citizenship; guarantees all citizens equal protection of the laws Born or naturalized in the United States

20. Fifteenth Amendment Civil War Amendment Prohibits restrictions on the rights to vote based on race and color Suffrage=the right to vote Women still NOT allowed to vote

21. Sixteenth Amendment Gives Congress the power to levy an income tax. Raise revenue

22. Seventeenth Amendment Enables voters to elect senators directly Previously the state legislatures were to choose members of the Senate.

23. Eighteenth Amendment & Twenty-First Amendment 18th: Prohibits making, drinking, or selling alcoholic beverages [Prohibition] 21st: Repeals Prohibition [18th Amendment]

24. Nineteenth Amendment Gives women the right to vote (1920) Some territories like Wyoming (1869) gave women the right to vote

25. Twentieth Amendment Changes the dates of congressional and presidential terms

26. Twenty-Second Amendment Limits presidents to two terms in office (1951) In response to FDR’s four terms

27. Twenty-Third Amendment Gives residents of the District of Columbia the right to vote-national elections i.e. president and vice president

28. Twenty-Fourth Amendment Abolishes poll taxes (1964) Poll taxes=required votes to pay a sum of money before casting a ballot Poor people affected

29. Twenty-fifth Amendment Establishes procedures for succession to the presidency

30. Twenty-Sixth Amendment Sets voting age at 18 years Vietnam War 1971

31. Twenty-seventh Amendment Delays congressional pay raises until the term following their passage (1992)

32. The Civil Rights Struggle Discrimination=unfair treatment based on prejudice against a certain group. Jim Crow Laws-Southern states passed laws requiring African Americans and whites to be separated in most public places

33. The Civil Rights Struggle Segregation=social separation of the races Civil Rights=rights of full citizenship and equality under the law

34. Brown v. Board of Education Supreme Court ruled racial segregation in public schools was unconstitutional. (1954) Violated the 14th Amendment-equal protection under the law. (1868)

35. Civil Rights Act of 1964 Prohibited discrimination in public facilities, employment, education, and voter registration. It banned discrimination based on race and color, sex or gender, religion, and national orgina.

36. Civil Rights Gains Other groups have made gains Affirmative Action-federal government programs to try to make up past discrimination. These programs encouraged the hiring and promoting of minorities and women in fields that were traditionally closed to them. Colleges, too, practiced affirmative action to help minority students gain admission.

37. Gratz v. Bollinger Affirmative Action from the start has been controversial. [Reverse Discrimination???] Supreme Court struck down a University of Michigan point-based admission policy, stating that it gave excessive points to minority applicants.

38. Affirmative Action Struggle for equal rights continues--each year the federal government receives more than 75,000 complaints of workplace discrimination.

39. Racial Profiling Many Americans and others are sometimes subject to racial profiling by law enforcement officers--being singled out as suspects because of the way they look.

40. Hate Crimes Some Americans even become the victims of hate crimes--acts of violence based on a person’s race, color, national origin, gender, or disability.