Unit 6Notes:Civil Rights and Liberties

Unit 6 Lesson 1Notes

What are the protections guaranteed in the 1st through 4th Amendments?

Rule of Law

The law applies to everyone No one is above the law, no one is exempt from the

law

In the U. S. leaders take an oath that they are not above the law.

General Info

The 1st Ten AmendmentsDescribe powers and rights of American

citizensRatified in 1791Limited Government

1st Amendment: Freedom of Religion

Two safeguards: Establishment Clause A person has the right to practice any religion they

want

1st Amendment: Freedom of Speech

Guarantees to all Americans citizens the right to say what is on their mind, in public or private, without the fear of punishment

Freedom of expression

Freedom of Speech

1. Limitationsa. Sedition - Advocating the overthrow of US gov’tb. Clear and Present Danger

Ex: Can’t yell “Fire” in crowded movie theatre w/o cause.

c. Defamation – Damaging an individual’s reputation• Libel – Written Lies• Slander – Spoken Lies

d. Fighting Words – Words that are so offensive that they cause immediate violence (Ex: Racial Slurs)

1st Amendment:Freedom of Press

Allows Americans to express their opinions in print

Limits: Libel

1st Amendment:Freedom of Assembly

Right to peacefully assembleRight to form organizations and clubs

1st Amendment: Freedom of Petition

Right to petition (write) government to ask for a change

2nd Amendment

Right to serve and maintain a “well regulated militia”

“Right to keep and bear arms”

3rd Amendment

Non-Quartering Amendment

4th Amendment

Protects Americans against unreasonable searches and seizures

A search warrant is needed

Unit 6 Lesson 2Notes

What individual freedoms and rights does the Bill of Rights guarantee?

5th Amendment

Must first be indictedProtects against double jeopardyProtects against self-incriminationGovernment is required to go through due

processAllows for eminent domain

Sixth Amendment

A person accused of a crime must be told of the exact charges against them

Trial by juryAttorneyQuestion witnesses

Seventh Amendment

Guarantees a jury trial in a civil case

Eighth Amendment

Excessive BailCruel and unusual

Ninth Amendment

Other rights not listed are still guaranteed by the Constitution

Tenth Amendment

Any powers not given to the national government in the Constitution are RESERVED for the STATES

Unit 6 Lesson 3Notes

What is due process and what rights does the accused have?

How did the Constitution change after the Civil War?

11th (1795) and 12th (1804) Amendment

11th: Places limits on lawsuits against the states

12th: Revised the procedure for electing the President and Vice President

13th Amendment (1865)

Abolished slavery

14th Amendment (1868)

Equal protection amendment

Made former slaves U. S. citizens

15th Amendment (1870)

Granted African American men the right to vote

16th (1913) and 17th (1913) Amendment

16th: Income taxes

17th: Voters directly elect their Senators

18th Amendment (1917)

Prohibition

19th Amendment (1920)

Women’s suffrage and full citizenship rights

When Kids Get Life

The United States is one of the only countries in the world that allows children under 18 to be sentenced to life without parole.

Human Rights Watch and Amnesty International report that more than 2,000 inmates are currently serving life without parole in the United States for crimes committed when they were juveniles; in the rest of the world, there are only 12 juveniles serving

the same sentence*

*according to figures reported to the United Nations' Convention on the Rights of the Child, 2009.

Unit 6 Lesson 4Notes

What protections and rights has our government guaranteed in

recent years?

20th Amendment (1933)

Changes the date of Congressional and Presidential terms

21st Amendment (1933)

Repeals Prohibition

22nd Amendment (1951)

Limits the President to two terms in office

23rd (1961) and 24th (1964) Amendments

23rd: Granted the right of residents of the city of D. C. to vote in Presidential elections

24th: Made the poll tax illegal in all national elections

25th Amendment (1967)

Establishes procedures for succession of the President (death of a President)

26th Amendment (1971)

Lowered the voting age in all elections to the age of 18

27th Amendment (1992)

Delays Congressional pay raises until the term following its passage

Unit 6 Lesson 5Notes

Rights of the Accused

Right to hear & question all witnesses Innocent until proven guilty. Guilt must

be proven beyond a reasonable doubt. Right to appeal

Appeal (defn) – the right of a convicted person to ask a higher court to review his/her case

Appeals can only be filed if your due process of law was violated (unfair trial).

II. Miranda Rights

1. Right to remain silent2. Anything you say can and will be used

against you in a court of law.3. Right to a lawyer4. If you cannot afford a lawyer one will be

appointed for you.5. Failure to request a lawyer at this time

does not mean that you waive the right to counsel.

Miranda (cont.)

No “right to phone call” Most police stations will provide phone calls so that

you can contact a lawyer.