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The Bill of Rights: The first 10 amendments to the
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tarix | 31.08.2018 | ölçüsü | 1,76 Mb. | | #65909 |
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The Bill of Rights:
Who determines what the Bill of Rights mean? The Supreme Court makes rulings on the meaning. The Supreme Court balances the rights of the individual with the needs of society.
1st Amendment = 5 rights Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly Freedom to petition the government
Free Speech “Congress shall make no laws . . . abridging the freedom of speech.” Limits: - Threaten to blow up airplanes, schools, or the president
- Sexual harassment
- Create too much social chaos
- Extremely crude language in a public forum
- Disrespectful, vulgar language in schools
- Hate crimes
Free Speech: Individuals can… Say any political belief Protest (without getting out of control) Say things about someone that are true Burn the flag Free speech means someone might say something you disagree with.
Freedom of Religion “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of.” Two clauses: - Establishment clause
- Free Exercise clause
Establishment and free exercise clause often conflict with each other. In schools, the religion issue is most prevalent. A student may raise her hand and say, “Teacher, can we say an opening prayer before this test?”
Establishment Clause: Government cannot promote religion.
Establishment Clause: Government Cans Cannot Teach about religions in school Allow voluntary prayer in many instances Transport students to a religious school
Free Exercise: People Can Cannot Choose any religion Lead a prayer in most instances Ask questions about religions
Freedom of the Press Congress shall make no law . . . abridging . . . the freedom of the press.”
Freedom of the Press: The Press Can Cannot Print any political position Expose wrongs by the government Say things you might not agree with
Freedom of Assembly Congress shall make no law . . . Abridging . . . The people to peaceably assemble.”
Freedom of Assembly: People Can Cannot Protest Parade (with a permit) Parade chanting hate slogans Gather in public
Petition the Government “Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances.”
Petition the government You may sue the government for wrongs. You cannot be punished for exposing wrongs by the government. The courts decide the wrongs.
“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.”
What is the debate with the right to bear arms? How much can the government do to keep guns from criminals and youth? In order to keep guns away from criminals, does that limit the right of law abiding citizens?
Gun Debate Continued… Thousands of people die every year because of guns. Thousands of crimes are prevented because of guns.
3rd Amendment The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.
Amendments 4-8 Preserve the Rights of the Accused.
4th Amendment What does the government need in order to search your home? - Probable cause
- A warrant given by a judge
5th Amendment You do not have to testify against your self. You must have due process of law before you are convicted. The government cannot take your land unless it pays.
6th Amendment: Speedy Trial and Lawyer You have the right to speedy trial by an impartial jury (not favoring either side). You must be told of charges. You must be provided a lawyer if you cannot afford one.
7th Amendment: Civil Trial by Jury “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.”
8th Amendment: Bail and Punishment No excessive bail No cruel and unusual punishment
9th Amendment: Rights Reserved to the States “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” - Allows states to grant more rights than given under the Constitution
- Issues such as
- Gay marriage
- Drinking age
- Driving age
- Abortion limitations
10th Amendment: Rights Reserved to the People “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” - If the federal and state governments do not prohibit something, than the people are allowed to do it.
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