Chapter 4 Rights and Responsibilities

Section 1:The Bill of Rights Section 2: Guaranteeing Other Rights Section 3:Citizens’ Duties and Responsibilities Chapter 4Rights and Responsibilities Quiz 11/23 Review & Test 12/4

Section 1: The Bill of Rights The Main Idea The freedoms spelled out in the Bill of Rights—the freedoms of religion, speech, the press, and petition, and the right to a speedy and fair trial—are essential to our democratic system. Reading Focus • Why was the Bill of Rights added to the Constitution? • How does the First Amendment protect personal freedoms? • What other rights does the Bill of Rights guarantee?

Section 1: The Bill of Rights The Bill of Rights 1st 10 amendments to the Constitution, which set forth basic rights guaranteed to all Americans • Americans wanted their rights written into the Constitution. • Several states recommended that a bill of rights be drafted upon ratification of the Constitution. • 1791—The Bill of Rights became part of the Constitution.

Section 1: The Bill of Rights The First Amendment protects personal freedoms. • Freedom of religion • Freedom of speech • Freedom of the press • Freedom of assembly • Freedom of petition Freedom to choose any religion or no religion at all

Freedom of Religion “Congress shall make no law respecting an establishment of religion,” • Separation of Church & State- Division between government and religion Several of the original colonies were established by settlers seeking religious freedom. Key supreme court decisions have interpreted the Constitution as requiring a strict separation of church & state

Freedom of Speech “Congress shall make no law . . . abridging (limiting) the freedom of speech.” • Can criticize government officials • Not an absolute freedom • Clear and present danger • The government can prevent an act of free speech if it is linked to an unlawful act Can deliver a speech in public Can criticize the actions of your neighbor

“Congress shall make no law . . . Abridging the freedom . . . of the press.” Freedom of the Press • The right to express one’s ideas and opinions in writing • Press includes • Electronic Media • Books & other written materials • TV & Radio • Libel • Rumors that damage a person’s reputation • Lies that may harm another person • Americans do not have this right

Freedom of Assembly “Congress shall make no law . . . abridging . . .the right of the people peaceably to assemble.” • Can attend public meetings

Freedom of Petition “Congress shall make no law . . . abridging. . . the right of the people . . . to petition the Government for a redress of grievances.” You have the right to ask the government to address your concerns.

freedoms of religion, speech, press, assembly, and petition People may not use freedom of speech to cause panic People may not write falsehoods that damage a person’s reputation (libel) Assemblies must be peaceful.

Section 1: The Bill of Rights Other rights guaranteed under the Bill of Rights include: • Second—Right to bear arms • Fourth—Protection from unreasonable search and seizure of private property • Fifth—Right to a fair trial and due process of law; right to own property • Sixth—Right of the accused to a have a lawyer • Eighth—Forbids cruel and unusual punishment • Ninth—States that not all rights are listed in the Constitution An example of (counsel)

2nd Amendment- The Right to Bear Arms To ensure that state militias would continue as an armed means of defense and to ensure that individual citizens had a right to own a firearm • In the 1790s big national armies were not trusted & much of the Rev. War fighting had been done by the state militias. These same militias also defended against attacks from Indians. • Today, the language of the Second Amendment is frequently the source of heated debate.

Third Amendment No • prohibits the quartering of soldiers without permission. • Why? British soldiers could enter homes and force colonists to quarter them, or to give them housing and food

Rights of the Accused (4th-8th) • protect citizens from abuses in the criminal justice system • establish codes of conduct for the police and the courts • Some of our most cherished legal protections

Fourth Amendment • protects citizens from unreasonable searches and seizures • In many cases, a search is considered reasonable only if a judge issues a warrant authorizing it. • A search warrant is a legal document that describes the place to be searched and the people or items to be seized • issued only if there is good reason to believe that evidence of a crime will be found • Under some circumstances, however, police officers are allowed to conduct searches without a warrant. • danger to public safety • Criminal activity is involved

Fifth Amendment • Before a person can be tried for a serious crime • grand jury must indict-- formally accuse • decides if there is enough evidence to go to trial • protects an accused person from hasty government action • self-incrimination-- having to testify against oneself Continued…

Fifth Amendment Continued • double jeopardy-- being tried twice for the same crime • no person can be denied life, liberty, or property without due process of law • person cannot be punished for a crime until the law has been fairly applied • our government must act within the law Continued….

Fifth Amendment Continued “nor shall private property be taken for public use, without just compensation.” • the government cannot take private property without giving the owner fair payment for it • it does give the government the right of eminent domain, the power to take private property for public use • allows government officials to force property owners to sell their land to the government at what is determined to be a fair price

Sixth Amendment • Provides that a person accused of a crime has the right to a prompt and public trial decided by a jury • People accused of a crime must be informed of the charges against them • The right to hear and question all witnesses against them, and to have their own witnesses testify as well • The right to an attorney If you cannot afford to hire a lawyer one will be provided by the courts

Seventh Amendment provides for a trial by jury in certain kinds of cases involving money or property

Eighth Amendment • To ensure that people accused of crimes appear for trial, judges can order them to pay bail • Bail is money or property that the accused gives the court to hold. • the person is released from jail • get the money back is to show up for trial. • the courts cannot set excessive bail. • forbids cruel and unusual punishment. As a guarantee that he or she will appear for trial

Rights of States and Citizens (9 & 10) To ensure that Americans would enjoy other rights and freedoms not mentioned in the Bill of Rights • Ninth Amendment-- implies that Americans enjoy basic rights not listed in the Constitution. • Tenth Amendment– deals with powers not specifically given to the federal government by the Constitution nor forbidden to the states by the Constitution • These powers belong either to the states or to the people Reserved powers of the states

right to bear arms no forced quartering of troops no unreasonable searches and seizures A judge may issue a search warrant if there is reason to believe that evidence of a crime may be found

requires indictment, a grand jury, and due process of law for accused person; protects from self-incrimination and double jeopardy; guarantees right to property an accused person has a right to a prompt, public trial, to be informed of charges, to hear and question witnesses, and to have a lawyer The government may take citizens’ property for the public good and with just compensation.

provides for a trial by jury in some cases involving money or property requires reasonable bail and forbids “cruel and unusual” punishment The people have other basic rights not listed in the Constitution All powers not expressly given to the federal government nor forbidden to the states by the Constitution are reserved for the states or the people

Section 1 Question:What rights are guaranteed by the Bill of Rights?

Section 2: Guaranteeing Other Rights The Main Idea Other amendments to the Constitution expanded the civil rights of Americans. Reading Focus • How did the Thirteenth and Fourteenth Amendments extend civil rights? • Which amendments extended Americans’ voting rights?

Section 2: Guaranteeing Other Rights Civil Rights Rights guaranteed to all U.S. citizens • The Thirteenth Amendment outlawed slavery in the United States in1865. • The Fourteenth Amendment granted full citizenship to African Americans in 1868 and protected citizens against unfair actions by state governments.

Fourteenth Amendment • granted full citizenship to African Americans • declared that no state could take away a citizen’s “life, liberty, or property, without due process of law.”

civil rights Fourteenth Amendment Thirteenth Amendment Civil War

Section 2: Guaranteeing Other Rights The Main Idea Other amendments to the Constitution expanded the civil rights of Americans. Reading Focus • How did the Thirteenth and Fourteenth Amendments extend civil rights? • Which amendments extended Americans’ voting rights?

Amendments Extend Voting Rights • Voting is one of the most basic principles of citizenship • the Constitution mentioned nothing about voting rights. • Between 1870 and 1971, a series of six constitutional amendments extended suffrage, the right to vote, to all U.S. citizens Our democratic system

Fifteenth Amendment • no one could be denied suffrage because of race or color • applied only to African American men • Many former Confederate states passed laws to keep African Americans from voting

Seventeenth Amendment • Under Article I, Section 3 of the Constitution, citizens of each state did not elect their senators. Instead, each state’s legislature elected that state’s senators • direct election of senators • senators answerable to the voters and not to other politicians.

Nineteenth Amendment • gave all women the right to vote • Susan B. Anthony, Carrie Chapman Catt, Lucretia Mott, and Elizabeth Cady Stanton led the women’s suffrage movement

Section 2: Guaranteeing Other Rights Voting Rights Extending voting rights to include more groups of citizens has made the U.S. more democratic • 1870 –The Fifteenth Amendment guaranteed the right to vote to African American men. • 1913 –The Seventeenth Amendment gave voters power to elect their senators. • 1920 – The Nineteenth Amendment granted suffrage to women.

Section 2: Guaranteeing Other Rights Voting Rights (continued) • 1961 –The Twenty-third Amendment gave citizens of Washington, D.C., the right to vote for president and vice president. • 1964 –The Twenty-fourth Amendment forbade poll taxes. • 1971 –The Twenty-sixth Amendment lowered the voting age to 18. District of Columbia Special tax that had to be paid in order to vote

Amendments that Extended Voting Rights Amendments that Extended Voting Rights • Fifteenth Amendment • Seventeenth Amendment • Nineteenth Amendment • Twenty-third Amendment • Twenty-fourth Amendment • Twenty-sixth Amendment Section 2 Question: Which amendments extended Americans’ voting rights?

Fifteenth Amendment Seventeenth Amendment suffrage president and vice president poll tax Twenty-sixth Amendment Lucretia Mott Elizabeth Cady Stanton Susan B. Anthony Carrie Chapman Catt

Section 3: Citizens’ Duties and Responsibilities The Main Idea Along with the rights and freedoms of U.S. citizenship come important duties and responsibilities. Reading Focus • What are the duties of citizenship? • What are the responsibilities of citizenship?

Section 3: Citizens’ Duties and Responsibilities Duties of citizenship: • Obeying the law • Attending school • Paying taxes • Serving in the armed forces • Appearing in court Ignorance of the law excuses no one Draft- requires men to serve in the military Jury Duty

Obeying the Law • It is your duty to know the Laws Attending School • Mandatory until age 16 • Educated Citizens

Paying Taxes • Income, sales, property, and more taxes • Taxes provide money to the government in turn the government • operates • Provides services • National security and defense

Serving in the Armed Forces • Volunteers • When the country has needed huge numbers of soldiers, it sometimes has had to establish a draft. • Draft laws (conscription)– require men of certain ages and qualifications to serve in the military • 18yr old men must register with the selective service • Americans not fighting still participate • Food and goods are rationed (limited by law) at times • Pick up the slack at home A certain amount of a certain item per household

Appearing in Court • Citizens must report to serve as members of a jury (Jury Duty) • Citizens must also testify in court if called as a witness.

Chapter 4 Rights and Responsibilities