The Bill of Rights to the United States Constitution 1791

1. The Bill of Rights to the United States Constitution1791 • Lesson from Future Fright: Losing the Bill of Rights • * The loss of basic freedoms guaranteed in the Bill of Rights would end American society as we know it. • * A lack of freedom of speech can prevent individuals from making sound choices for themselves and their government. • * In our society, the rights that we enjoy are integral to our system of government, and without them, we cannot function productively.

2. The Bill of Rights to the United States Constitution 1791 • The first 10 amendments to the Constitution make up the Bill of Rights. Written by James Madison in response to calls from several states for greater constitutional protection for individual liberties. The Bill of Rights lists specific prohibitions on governmental power. The Virginia Declaration of Rights, written by George Mason, strongly influenced Madison.

3. The Bill of Rights is a list of limits on government power. For example, what the Founders saw as the natural right of individuals to speak and worship freely was protected by the First Amendment’s prohibitions on Congress from making laws establishing a religion or abridging freedom of speech. For another example, the natural right to be free from unreasonable government intrusion in one’s home was safeguarded by the Fourth Amendment’s warrant requirements. Other precursors to the Bill of Rights include English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties.

4. Bill of Rights Originally, the Bill of Rights protected individuals only from the federal government. The Bill of Rights was not intended to limit state and local governments. States already had Bill of Rights contained in their state constitutions. Important Supreme Court Case, Barron v. Baltimore (1833) upheld this view. Chief Justice John Marshall, speaking for the court, ruled that the first 10 amendments “contain no expression indicating an intention to apply them to the state governments.”

5. However, through a process of selective incorporation most of the Bill of Rights now applies to the states as well. The addition of the 14th Amendment in 1868 paved the way for a major expansion of individual rights. 14th Amendment not only defined citizenship ( a person born or naturalized in the United States is a citizen of the nation and of his or her state of residence), but it also laid the groundwork for making individual rights national. “ No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law…” -Fourteenth Amendment, 1868

6. The Supreme’s Courts interpretation of the 14th Amendment nationalized the Bill of Rights. In the key case of Gitlow v. New York (1925), the Supreme Court ruled that freedom of speech was a basic right that no state government could deny to any person. Since then almost all of the Bill of Rights has been incorporated and applies to the states.

7. The 1st Amendment Choose the right YOU think is the MOST important and make a tally mark next to it 5 Protected Rights : 1. Religion 2. Speech 3. Press 4. Assembly 5. Petition

8. Amendment 1Religion“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.”Two clauses:Establishment clauseFree Exercise clause

9. Read Historical Context of the First Amendment-Freedom of Religion Handout Answer the following questions: According to the intent of the Founding Fathers, what did establishing a religion mean? Give an example from the reading. What does it mean, Congress shall make no law?

10. Read packet-Religion and the Founding of the American Republic –Library of Congress List five ways that the national government (1774-1789) promoted a nondenominational Christianity. 1. Congress appointed chaplains for itself and the armed forces 2. Sponsored a publication of a Bible 3. Imposed Christian morality on the armed forces 4. Granted public lands to promote Christianity among the Indians 5. National days of thanksgiving and of “humiliation” fasting and prayer” 5. The first national government was convinced that the “public prosperity” depended upon what? Vitality of its religion

11. Read George Washington’s Thanksgiving Day Proclamation What is the duty of all nations? Who requested President Washington to recommend a day of public thanksgiving and prayer? Who afforded America an opportunity to establish a form of government for their safety and happiness? What day was established as Thanksgiving? Who does Washington ask to pardon the people’s national and other transgressions? Washington asks the Lord and Ruler of Nations to promote knowledge and what else ?

12. Read “A Wall of Separation”? Answer each question completely What does the reading say is an ominous defilement of our Constitution? Why is it ominous? What was the Founders’ intent of the First Amendment ? What does the reading say judicial activist have been doing for decades? What does the late Chief Justice of the Supreme Court say concerning the “wall” notion? Where did our Founders say natural rights came from? What does Thomas Jefferson say about life, liberty and God?

13. Continued- Read “A Wall of Separation”? • 8. What does he say about these liberties being secure? • What is said about governments or those in positions of power concerning natural rights? • What is George Washington’s view on morality? • What did Jefferson’s 1802 letter state concerning the “Separation” metaphor? • What does the reading say is the intended consequence of the artificial barrier between church and state? • 13. What is said will have dire implications for the future of Liberty?

14. Reading - Did Faith Play a Role in our Nation’s History? • Write downALL references to God, religion or religious symbols for each building or monument.

15. Most of the Court’s rulings on the Establishment Clause have been issued during the last 60 years. Today, the Courts say the Establishment Clause means the government (federal, state and local) can’t establish, endorse or promote religion. Event though historical evidence proves that the government endorsed and promoted nondenominational Christianity. • Did our forefathers violate the Establishment Clause as determined by the courts today? • In the U.S. Capitols Chapel is a stained glass window depicting George Washington in prayer under the inscription In God We Trust. Also, a prayer is inscribed in the window which says, Preserve me, God, for in Thee do I put my trust.

16. The U.S. Capitol Legislative Branch U.S. Capitol Rotunda The religious imagery in the Rotunda is significant. Eight different historical paintings are on display. The first is the painting The Landing of Columbus that depicts the arrival on the shores of America. Second is The Embarkation of the Pilgrims that shows the Pilgrims observing a day of prayer and fasting led by William Brewster. Third is the painting Discovery of the Mississippiby DeSoto. Next to DeSoto is a monk who prays as a crucifix is placed in the ground. Finally, there is the painting Baptism of Pocahontas.

17. Throughout the Capitol Building, there are references to God and faith. In the Cox Corridor a line from America the Beautiful is carved in the wall: America! God shed His grace on thee, and crown thy good with brotherhood, from sea to shining sea! In the House chamber is the inscription, In God We Trust. Also in the House chamber, above the Gallery door, stands a marble relief of Moses, among twenty-three law-givers (and the only one full-faced). • At the east entrance to the Senate chamber are the words AnnuitCoeptis which is Latin for God has favored our undertakings. The words In God We Trust are also written over the southern entrance.

18. Ten Commandments on the doors inside the Court chambers Ten Commandments Moses holding the Ten Commandments Above entryway to Supreme Court In the Great Hall of the U.S. Supreme Court –Ten Commandments

19. After reading the Protecting Liberty article, answer the questions at the bottom of the reading. Town of Greece v. Galloway is a United States Supreme Courtcase in which the Court will decide whether the Town of Greece, New York may open each legislative session with a prayer. The plaintiffs are Susan Galloway and Linda Stephens, represented by Americans United for Separation of Church and State. They argue that the prayers violate the Establishment Clause of the First Amendment to the United States Constitution. The United States Court of Appeals for the Second Circuit ruled against the town, and on May 20, 2013 the Supreme Court agreed to rule on the issue. **Waiting on the Supreme Court ruling.

20. Most of the Court’s rulings on the Establishment Clause have been issued during the last 60 years. Today, the Courts say the Establishment Clause means the government (federal, state and local) can’t establish, endorse or promote religion. Event though historical evidence proves that the government endorsed and promoted nondenominational Christianity. Who knows better the intent of the Founding Fathers, the Founding Fathers themselves or courts 200 years later? Justice Hugo Black, 1947-“Neither a state nor the federal Government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another…” ?? According to historical evidence, was this the intent of the Founding Fathers??

21. During the last generation, the courts, at all levels, have ruled in ways that some would argue that we are moving toward s a guarantee of freedom fromreligion, instead of the freedom of religion. Today's conception of "separation of church and state" and the interpretation of the Establishment Clause has also been used to remove historic crosses from public property, and religious symbols from city seals. It has been used to remove the Ten Commandments from county courtrooms. It means that a nativity scene at Christmas may not be displayed on public property unless there are other displays (e.g. Santa Clause or Christmas trees) that secularize the presentation. It has been used to remove the daily nondenominational prayer read in public schools and displays of the Ten Commandments in public schools. Creationism was once taught in public schools but only evolution may be taught today.

22. Intent of Founding Fathers Establishment Clause Notthe intent of our Founding Fathers Establishment Clause Congress prohibited from “establishing” an official national religion church - (Ex. Christianity- Congregationalist v. Episcopal. Some states had state sponsored official churches. The clause only prohibits interference by the federal government in the right of individual states to establish their own official religions NOT-To remove any mention of religion or God from the public square (schools, courthouses, memorials, gov. cemetaries, etc. (historical evidence shows) NOT-To create a secular nation rather than a nation “under God.” Let states and local communities decide religious matters, not the Federal government. NOT- to ban promoting or endorsing the Christian religion. There is historical evidence of Congress and Federal government endorsing and promoting Christianity.

23. Freedom Clause “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.” This protection guarantees the right of the individual to freely exercisehis or her faith and permits the government to acknowledge and accommodate the individual’s faith, so long as it does not establish a religion. 

24. Equal Access Act of 1984 Congress acted in 1984 to protect the religious freedom of students. The Equal Access Act orders schools to allow voluntary student meetings before and after school for religious pursuits if other types of activities are also allowed in school. Only schools not offering any extracurricular activities are exempt from this law. By 1990, the Equal Access Act of 1984 came into play in the case of Board of Education of Westside Community Schools v. Mergens. The Supreme Court ruled that public secondary school offering extracurricular activities must also allow students to form Christian clubs. So… VHS has Fellowship of Christian Athletes.

25. Read-Frequently Asked Questions-Religious Freedom at Public Schools List five things students are allowed to do at public school. 1. 2. 3. 4. 5.

27. It is important to look at historical evidence on how to properly interpret the Establishment and Free Exercise Clause according to the Founding Fathers’ intent. The Founders included the First Amendment to the U.S. Constitution partly to protect religious rights. It was intended to keep the Federal government from interfering in religious practices and to keep it from establishing a national religion. The government should not require or restrict religion.

28. Freedom of Speech Case Read Handout- Snyder v. Phelps (2011)

29. Snyder v. Phelps (2011) Chief Justice John Roberts read a summary of the opinion of the Court. He really wants people to understand how the court reached the decision, and that the court's sympathy, if not the law, is with the Snyders. He began by saying the issue before the court is whether the speech here, the messages on the pickets, was a matter of public concern or private concern. Matters of publicconcern, he explained, have special protection under the First Amendment, because the amendment reflects our national commitment to a robust and wide-open debate on ideas. So, how do you decide, he said, what is a matter of public concern or private concern? He said you look at the speech and all the circumstances surrounding it. What was said? Where was it said? And how was it said? So he took each step. What was said here? He said the dominant thrust of the messages here really were on issues of public concern: homosexuality in the military, the child abuse scandal in the Catholic Church, the moral decay of the United States. Deciding it was a public concern was crucial to how the court ruled?

30. The Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 Demonstrators will no longer be allowed to picket military funerals two hours before or after a service. The bill also requires protestors to be at least 300 feet away from grieving family members. This aspect of the legislation was introduced by Sen. Olympia Snowe (R-Maine), who, at the urging of a teenage constituent , proposed new limitations on military funeral demonstrations as a response to a 2011 Supreme Court, Snyder v. Phelps Case that ruled such actions were protected under the First Amendment. You can make a difference!!!!!

31. Amendment I- Congress shall make no law… abridging (limiting) the freedom of speech People CAN… • State their political beliefs including criticizing govt. • Protest (without getting out of control) • Say things about someone that are true • Make racist remarks • Expression: gestures, art, banners, lyrics, posters • Free speech means someone might say something you disagree with. • But remember, freedom of speech is the liberty to speak openly without fear of government restraint. This does not protect you from individual restraint. Government can’t censor your free speech.

32. People CANNOT (limits on speech –passed into • law or by court rulings…) • Incite (start) riots/violence • Make Threats (I.e., to blow up airplanes) • Sexually harass • Commit slander (untruthful spoken words that damages another’s reputation) or libel (see freedom of the press) • Clear and Present Danger: Put the public in danger (I.e., yelling “Fire!” in a crowded theater) • Obscenities in a public forum • Disrespectful, vulgar language in schools Free speech

33. Hey! Can they do that? Yes, 1989 Texas v. Johnson-considered protected political speech.

34. Do not write anything. Just analyze the cartoons.

35. Freedom of Speech?? Freedom of Speech? Protected under the First Amendment??? Facebook deletes your posts because they don’t agree with your comments??? They delete your account because you are always posting negative things about the Democrats or Republicans ??????? The government must allow free speech even if they don’t like it. This is a public issue. NO! Not protected speech. This is a private company! Remember, government action is regulated, not the action by private citizens.

36. The Press Can… Print any political position Satirize people, especially politicians Expose wrongs by the government Report the news even controversial events & issues Question: How does freedom of the press prevent the abuse of power? Congress shall make no law . . . abridging . . . the freedom of the press.”

37. The Press Cannot… Commit Libel: intentionally injuring a person’s reputation by false facts through written word. The press can be sued in a civil case. Freedom of the Press

38. Congress shall make no law . . . Abridging . . . The right of the people peaceably to assemble QUESTION? Why is Freedom of Assembly an important right? Why do people assemble (gather)? • People Can… • Protest (with permit) • Parade (with a permit) • Parade chanting hate slogans • Congregate in public IMAGES ENHANCES RETENTION BY 300%

39. People Cannot… Protest by throwing rocks and breaking windows Hang out on private land against owners will - loitering Break Teen curfew Incite a riot Freedom of Assembly

40. and petition the Government for a redress of grievances. • You may sue the government for wrongs. This is known as a redress of grievances. • Write and sign petitions to government officials.

41. 2nd Amendment—Right to bear arms “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.” Infringe- to limit or restrict Some argue that the 2nd amendment only applies to state militias and not individual people. Let’s see what our founders (who wrote it) thought.

42. To our founding fathers the right of individuals to keep and bear arms was indeed fundamental. Read the handout-From the Founders on the People’s Right to Bear Arms

43. According to the 2nd amendment the federal government should not be injecting itself in this issue. The federal government has no constitutional authority to restrict gun ownership. This is a state issue.

44. Federal government attempting to pass laws on gun control. Not getting much support. Voters in some states are voicing their opinion on gun rights. http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/tables/expanded-homicide-data-table-8

47. 3rd Amendment No Soldier shall, in time of peace be quartered in any house, without consent of the Owner, nor in time of war, but in a manner to be prescribed by law. • Created in response to the British laws before the Revolution.

48. Read the following handouts and complete the Rights of the Accused handout. Handout- Read Guide to Understanding the Rights of the Accused under the Bill of Rights Handout- Read Searches and Seizures: More Scenarios Handout – Complete- Rights of the Accused Guided Reading (4th, 5th, 6th, 8th Amendments)- Use the two previous handouts for answers. Amendments 4,5,6 and 8 Preserve the Rights of the Accused.

49. 4th (IV) Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search 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.

50. Protects from unreasonable search and seizuresWhat does the government need in order to conduct a search? *Probable cause *A warrant given by a judge Probable cause: reasonable belief that someone committed a crime Plain View: if they see something in plain sight it constitutes PROBABLE CAUSE Restricts police from stopping & searching you without a reason: PROBABLE CAUSE