THE BILL OF RIGHTS Bill of Rights Learning

THE BILL OF RIGHTS

Bill of Rights Learning Goals: S 3 C 4 -PO 1: Analyze basic individual rights and freedoms guaranteed by Amendments and laws

Bill of Rights 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 in 1791 and is made up of the first 10 amendments to the Constitution.

1. Amendment #1 The First Amendment— 5 rights mentioned: Freedom of Religion; Freedom of Assembly; Freedom of Press; Right to Petition; Freedom of Speech

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

Free speech—the Person cannot n n n Threaten to blow up airplanes, schools or the president Sexual harassment Create too much social chaos Extremely crude language in a public form Disrespectful, vulgar language in schools Hate crimes

2. 2 nd 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. ” The States and federal government can regulate the possession and use of firearms by individuals.

What is the debate with the right to bear arms? n n How much can the government keep guns from criminals and youth? In order to keep guns away from criminals, does that limit the right of law abiding citizens?

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

3. 3 rd Amendment- The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.

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

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

5. 5 th Amendment- Rights of Accused Persons [5 -8 have to do with “rights of the accused”] A. A person can be tried for a serious crime only if he has been accused of that crime by a grand jury. B. No one may be tried twice for the same offense. [Double Jeopardy clause] – no one may be put in jeopardy twice for the same offense] C. No one may be forced to testify against himself or his spouse. You don’t have to answer questions by the police or the courts. [Plead the “ 5 th”] D. No one can be deprived of life, liberty, or property without due process of law [fair and equal treatment under the law]. E. The government may take private property for a legitimate public purpose; but when it exercises that power of EMINENT DOMAIN [taking property for public use], it must pay a fair price. New Cowboys stadium meant property losses.

Bill of Rights 6. 6 th Amendment A. Right To A Speedy Trial B. Impartial jury. The Jury must be fair and can have the case transferred if it has received too much publicity. C. Right to a lawyer. D. Right to hear and question all witnesses against you. E. The right to compel [require their testimony] witnesses to appear at a trial to tell your side of the story. F. Right to be told what crime you are accused of.

Think-Pair- Share How do citizens protect their own rights by actively protecting the rights of others? Think about your answer and then turn to a neighbor and share your thoughts. We will share as a group.

Miranda vs. Arizona - 1966 n n 5 th A landmark case based on both the ___ 6 th and ___ amendments. 5 th Amendment: Do not have to incriminate yourself. Right to remain silent 6 th Amendment: Right to a lawyer Suspects must be told of these Constitutional Rights when they are being arrested because of this case.

Bill of Rights 7. 7 th Amendment Jury Trial In Civil Cases not a criminal matter – but where one person sues another. Applies to all disputes over $20. 8. 8 th Amendment No Excessive Bail or Fines, or “Cruel or unusual Punishment”, like torture and beheading. For example, The Court of Military Appeals has abolished an old Navy punishment of 3 days with only bread and waterto eat, as both cruel and unusual. Tar and Feathering The “Rack”

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

9 th Amendment The Rights of the People of the United States are not just limited to those listed in the Constitution. 10 th Amendment (Reserved Powers Amendment) It gives the states any power not given to the U. S. government under the Constitution.