Wednesday November 30th , 2016

1. Wednesday November 30th, 2016 • Learning Target; • I can answer one of the questions about the 4th amendment in depth. • Agenda • Amendments 2-4 • Big Brother PowerPoint • First Amendment Book Work • Things to Remember; • Constitution Test Rework next seminar 12/6 • First Amendment Cases Due Friday

2. Amendment 2: Right to Bear Arms

3. Amendment 2: Right to Bear Arms • Each State can keep a militia (National Guard) • People can have weapons Ted Nugent on the 2nd Amendment http://www.youtube.com/watch?v=qUexKY8Blew Stop at 2:40

4. Amendment 3: Housing of Soldiers • Government CANNOT keep soldiers in homes during peace • Soldiers CAN be housed during a war by act of Congress

5. Amendment 4: Searches and Seizures • Reasonable Suspicion: More than a hunch, but less than probable cause. The appearance that a crime has been, is being, or will be committed. (No arrest, but a Terry Stop (stop and frisk) is allowed.) • Probable Cause: Concrete evidence or facts that a crime has been, is being, or will be committed. • Police cannot search people or their property without probable cause • Police must have a search warrant to search without permission • Search warrant must specify what the police are looking for • http://www.youtube.com/watch?v=bB_jp3Sm1BY • http://www.youtube.com/watch?v=3kVX6NIPzB0&feature=youtu.be • http://www.youtube.com/watch?v=z_ckcdtQ95w&feature=youtu.be

6. Big Brother is Watching How the NSA is spying on you and me

7. 4th Amendment • No unreasonable searches and seizures • Police need a warrant to search your home, your phone, your car

8. Look at this man . . .

9. His Name is Edward Snowden • Traitor or patriot? • Worked for the NSA—National Security Agency • Leaked to a British newspaper how much Americans were being spied on • Is now living in Russia in asylum • It was “the most significant NSA security breach in United States history.”

10. So what? What does the NSA do? • Collects phone company records showing numbers and call durations • Eavesdrops on e-mails and online chats of foreigners overseas • Forces companies like Google, Yahoo, and Facebook to turn over online communication

11. Watch out for these buzzwords: • Terrorism, Al Queda (all spellings), Terror, Attack, Iraq, Afghanistan, Iran, Pakistan, Agro, Environmental terrorist, Eco terrorism, Conventional weapon, Target, Weapons grade, Dirty bomb, Enriched, Nuclear, Chemical weapon, Biological weapon, Ammonium nitrate, Improvised explosive device, IED (Improvised Explosive Device), Abu Sayyaf, Hamas, FARC (Armed Revolutionary Forces Colombia), IRA (Irish Republican Army), ETA (Euskadi ta Askatasuna), Basque Separatists, Hezbollah, Tamil Tiger, PLF (Palestine Liberation Front), PLO (Palestine Libration Organization), Car bomb, Jihad, Taliban, Weapons cache, Suicide bomber, Suicide attack, Suspicious substance, AQAP (Al Qaeda Arabian Peninsula), AQIM (Al Qaeda in the Islamic Maghreb), TTP (Tehrik-i-Taliban Pakistan), Yemen, Pirates, Extremism, Somalia, Nigeria, Radicals, Al-Shabaab, Home grown, Plot, Nationalist, Recruitment, Fundamentalism, Islamist • http://www.geekosystem.com/dhs-list-of-buzzwords/

12. A Story Close to Home • Former student contacted his old roommate, who was from Pakistan • Messaged him on FB: “How are your terrorist friends?” • FBI investigated his roommate, asking him about any ties he might have to terrorist organizations

13. Apple vs. the FBI • December, 2015: San Bernardino, CA • Syed Farook and his wife killed 14 people, then both died in a shoot-out with the police • Claimed to be ISIS • Left behind a locked iPhone 5c with a 4-digit entry code • Apple’s Security Setting: Data is erased after 10 failed password attempts • February 2015: FBI (and Obama and the police) want Apple to create a backdoor override • Apple says no

14. Who’s right? Privacy v. National Security • FBI: • With a legal warrant, police say they should be able to search a phone • Decryption software would allow the law to gather important information about terrorists • Apple: • Apple says they built iPhones to keep data private • If they create an override, it would give the government—and hackers—the ability to get into anyone’s phone

15. How was this resolved? • It was the best of a bad situation: • March 2016: The FBI found a third party that was able to unlock the phone. • The underlying question still remains: Should Apple (and other phone companies) be forced to create an override to their phone’s security for our security?

16. Can we avoid some dangers with these NSA measures? • About 50 terrorist plots have been avoided • An intercepted e-mail led authorities to a man who was plotting backpack bombings on the New York City subway • Within hours of the Boston Marathon bombings, which killed three and injured more than 250, authorities sifted through government and private surveillance cameras and the suspects were caught by the end of the week

17. So, chose a question to answer: • Has the NSA gone too far? Phone records; e-mails of foreigners; Google, Yahoo, and FB searches? • What’s more important: national security or individual freedom? • How much government surveillance should Americans accept to keep the nation safe? • What is a good balance between personal freedom and national security? • Is Edward Snowden a traitor or a patriot? Explain. • Who’s right: the FBI or Apple? Why?

18. First Amendment Cases • Read through each court case and write a brief description of what happened and what was decided. (15 minutes)

19. Amendment 5: Rights in a Criminal Case • Grand Jury must charge (indict) a person before s/he can be tried for a felony • No double jeopardy: a person cannot be tried twice for the same crime https://www.youtube.com/watch?v=u22fy9OTaxo (Start at 1:00) • No self-incrimination: a person cannot be required to testify against him/herself http://www.youtube.com/watch?v=jwQnTyGbHVA&feature=fvst&noredirect=1 (White House Party Crashers) http://www.youtube.com/watch?v=mdeo7Q2E5cE (Dave Chappelle: Season 2 Episode 5) • A person cannot be punished without due process of law • Eminent Domain: government must pay for property taken for public use

20. Amendment 6: Rights to a Fair Trial • Right to a fair, speedy trial • Right to a trial by jury in the state where the crime was committed • Right to know the crime of which you are accused • Right to call witnesses in your defense (by subpoena [court order] if necessary) • Right to have representation by a lawyer

21. Amendment 7: Civil Suits (Person against Person) • In federal court cases where lawsuits involve more than $20, a trial by jury is guaranteed

22. Amendment 8:Bail and Punishment • No excessive bail (Bail Exercise) • No excessive fines • No cruel and unusual punishment

23. Amendment 9:Powers Reserved to the People • Rights listed in the Constitution are not the only rights of the people • Ex) Right of privacy, right to travel, right to an education, right to buy and own property

24. Amendment 10:Powers Reserved to the States • States get powers not delegated to the Federal government • Ex) Speed limits, gambling, driving age, drinking age, recreational marijuana use