THE BILL THE BILL OF RIGHTSOF RIGHTS

Learning Goals: Learning Goals:  S3C4-PO1: Analyze basic individual rights and freedoms guaranteed byAmendments and laws

Journal Question:Using the Bill of Rights as a model, design a"school" Bill of Rights. Pick a minimum of three rights that would be protected in the school Bill of Rights. Explain your answer.

The Bill of Rights was approved The Bill of Rights was approved in 1791 and is made up of the in 1791 and is made up of the

first 10first 10amendments to the amendments to the

Constitution.Constitution.

1. 1. Amendment #1 Amendment #1 The First The First Amendment—5 rights Amendment—5 rights mentioned: mentioned: Freedom of Freedom of ReligionReligion; Freedom of ; Freedom of AssemblyAssembly; ; Freedom of Freedom of PressPress; Right to ; Right to PetitionPetition; Freedom of ; Freedom of SpeechSpeech

Freedom of Freedom of speechspeech

““Congress shall make no laws . . . Congress shall make no laws . . . abridging the freedom of speech”abridging the freedom of speech”

Free speech—the PersonFree speech—the Personcannotcannot

Threaten to blow up airplanes, schools or Threaten to blow up airplanes, schools or the presidentthe president

Sexual harassmentSexual harassment Create too much social chaosCreate too much social chaos Extremely crude language in a public Extremely crude language in a public

formform Disrespectful, vulgar language in schoolsDisrespectful, vulgar language in schools Hate crimesHate crimes

2. 2. 22ndnd Amendment—Right to bear arms Amendment—Right to bear arms“A well-regulated “A well-regulated militiamilitia, being , being necessary to the security of a free necessary to the security of a free statestate, the right of the people to bear , the right of the people to bear arms shall not be infringed.” arms shall not be infringed.” The The States and federal government States and federal government can regulate the possession and can regulate the possession and use of firearms by individuals.use of firearms by individuals.

What is the debate with the What is the debate with the right to bear arms?right to bear arms?

How much can the How much can the government keep government keep guns from criminals guns from criminals and youth?and youth?

In order to keep In order to keep guns away from guns away from criminals, does that criminals, does that limit the right of law limit the right of law abiding citizens?abiding citizens?

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Do you believe the 1Do you believe the 1stst amendment is amendment is necessary for a necessary for a democracy? Explain democracy? Explain your answeryour answerThink about your answer and then Think about your answer and then turn to a neighbor and share your turn to a neighbor and share your thoughts. We will share as a thoughts. We will share as a group.group.

3. 3. 33rdrd AmendmentAmendment- -

The The Government Government cannot force you cannot force you to shelter soldiers to shelter soldiers in your homein your home without your without your consent in time of consent in time of war or peace.war or peace.

4. 4. Amendment 4: Amendment 4: Limits The Limits The Conditions Conditions Under Which Police May Search for Under Which Police May Search for and and Seize EvidenceSeize Evidence and People [ and People [PrivacyPrivacyAmendmentAmendment] ] A.A. No No “Fishing Expeditions” “Fishing Expeditions” by public officials [a searchby public officials [a search must be reasonable and based on probable cause]. must be reasonable and based on probable cause].B. In most cases, a search or arrest warrant will be B. In most cases, a search or arrest warrant will be necessary. The warrant necessary. The warrant must describe the must describe the specific place specific place to be searched and the persons or things to be to be searched and the persons or things to be seized.seized.C. A police officer may chase a suspect into his house C. A police officer may chase a suspect into his house & not secure a warrant (this would be probable & not secure a warrant (this would be probable cause).cause). D. The Supreme Court has ruled that evidence gained D. The Supreme Court has ruled that evidence gained as a result of an unlawful search or seizure as a result of an unlawful search or seizure cannot be used cannot be used at theat the trial. [Exclusionary Rule– trial. [Exclusionary Rule–has to behas to be excluded] excluded]

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Have you ever seen Have you ever seen anyone searched by the anyone searched by the police? What are some police? What are some situations where the situations where the police should have the police should have the right to search you?right to search you?Think about your answer and then Think about your answer and then turn to a neighbor and share your turn to a neighbor and share your thoughts. We will share as a thoughts. We will share as a group.group.

New Cowboys stadiumNew Cowboys stadiummeant property losses.meant property losses.

5. 55. 5thth Amendment- Amendment- Rights of Accused PersonsRights of Accused Persons

[5-8 have to do with [5-8 have to do with ““rights of the accusedrights of the accused””]]

A. A person can be tried for a serious crime only if A. A person can be tried for a serious crime only if he has been accused of that crime by he has been accused of that crime by a grand jury.a grand jury.

B. No one may be tried twice for the same offense. B. No one may be tried twice for the same offense. [ [Double Jeopardy clauseDouble Jeopardy clause] ] –– no one may no one may be put in jeopardy twice for the be put in jeopardy twice for the same offense]same offense]

C. No one may be forced to testify against himself C. No one may be forced to testify against himself or his spouse. You don or his spouse. You don’’t have to answer t have to answer questions by the police or the questions by the police or the courts. [Plead the courts. [Plead the ““55thth””]]

D. No one can be deprived of life, liberty, D. No one can be deprived of life, liberty, or property without due process of law or property without due process of law [fair and equal treatment [fair and equal treatment under the law].under the law].

E. The government may take private property for a E. The government may take private property for a legitimate public purpose; but when it legitimate public purpose; but when it exercises that power of EMINENT exercises that power of EMINENT DOMAIN [taking property for DOMAIN [taking property for public use], it must pay a fair price.public use], it must pay a fair price.

6. 6. 66thth Amendment Amendment

A. A. Right To A Speedy Trial Right To A Speedy Trial

B. B. Impartial juryImpartial jury. The Jury must be fair . The Jury must be fair and can have the case transferred if it has and can have the case transferred if it has received too much publicity.received too much publicity.

C. C. Right to a lawyerRight to a lawyer..

D. Right to hear and question all witnesses D. Right to hear and question all witnesses against you. against you.

E. The right to compel [require their E. The right to compel [require their testimony] witnesses to appear at testimony] witnesses to appear at a trial to tell a trial to tell your side of the story.your side of the story.

F. Right to be told what crime F. Right to be told what crime you are accused of. you are accused of.

Bill of Rights

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How do citizens protect How do citizens protect their own rights by their own rights by actively protecting the actively protecting the rights of others?rights of others?

Think about your answer and then Think about your answer and then turn to a neighbor and share your turn to a neighbor and share your thoughts. We will share as a thoughts. We will share as a group.group.

Miranda vs. Arizona - 1966Miranda vs. Arizona - 1966

A landmark case based on both the A landmark case based on both the ___ and ___ amendments.___ and ___ amendments.

55thth Amendment: Do not have to Amendment: Do not have to incriminate yourself. incriminate yourself. Right to remainRight to remain silentsilent

66thth Amendment: Right to a lawyer Amendment: Right to a lawyer Suspects must be told of these Suspects must be told of these

Constitutional Rights when they are Constitutional Rights when they are being arrested because of this case.being arrested because of this case.

5th6th

Bill of RightsBill of Rights7. 77. 7thth Amendment Amendment Jury Trial In Civil Cases not a Jury Trial In Civil Cases not a

criminal matter criminal matter – but where one person – but where one person sues another. Applies to all disputes over sues another. Applies to all disputes over $20.$20.

8. 88. 8thth Amendment Amendment No Excessive Bail or Fines, or No Excessive Bail or Fines, or “Cruel or unusual Punishment”“Cruel or unusual Punishment”, like torture , like torture and beheading. For example, The Court of and beheading. For example, The Court of Military Appeals has abolished an old Navy Military Appeals has abolished an old Navy punishment of 3 days with only bread and punishment of 3 days with only bread and waterto eat, as both cruel and unusual.waterto eat, as both cruel and unusual.

Tar and Tar and FeatheringFeathering

TheThe““Rack”Rack”

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What is a new right that would address a need in today's society? Think about your answer and then Think about your answer and then turn to a neighbor and share your turn to a neighbor and share your thoughts. We will share as a thoughts. We will share as a group.group.

99thth Amendment Amendment

The Rights of the People of the United The Rights of the People of the United States are not just limited to those listed States are not just limited to those listed in the Constitution.in the Constitution.

1010thth Amendment Amendment (Reserved Powers Amendment) It gives (Reserved Powers Amendment) It gives

the states any power not given to the the states any power not given to the U.S. government under the Constitution. U.S. government under the Constitution.