Chapter 10: Civil Liberties The bill of rights guarantees civil rights and individual liberties to American citizens and residents.

Section 1: Protecting Constitutional Rights The United States was formed out of a belief that individuals had certain important liberties and rights. The Constitution’s bill of rights protects these liberties and rights.

Do Now What do you consider to be the most important right in the bill of rights?

Learning Goals Objectives Essential Question Explain how the bill of rights protects your civil liberties. Describe when the government may place may place limits on personal freedom for the sake of the common good. Analyze how the bill of rights limited the state and local governments as well as the federal. How does the constitution protect the civil rights and civil liberties of Americans?

I. The Bill of Rights After Independence The ratification process States had bills of rights but federal constitution did not. The ratification process Americans did not trust any gov’t, even their own The ten amendments Civil liberties: Basic freedoms to think and to act that all people have and that are protected against gov’t abuse. Civil rights: rights of fair and equal status and treatment and the right to participate in gov’t.

You and Your partner will be creating your own bill of rights Activity: Part I You and Your partner will be creating your own bill of rights Which of the first 10 amendments will you want to keep. Which of the first 10 amendments will you want to throw out.

II. Limits on Civil liberties & rights Conflicting Rights Limit on liberties if harming others (smoking in public) Free speech? Limit speech that aids the enemy during war Role of the Courts Interest groups: NAACP, ACLU, MALDEF file lawsuits against laws that limit liberties Courts not involved in liberties until the early 1900s

Creation of new rights for the bill of rights Activity: Part II Creation of new rights for the bill of rights What new rights do you want all citizens of America to have? (Health care, Internet, free college…etc.) Write out your bill of rights in the order you want.

III. Civil liberties & the 14th amendment Due Process Clause: Following established & complete legal procedures 14th amendment to protect rights of former slaves Bill of rights applies to the states Selective Incorporation: Courts merged bill of rights & 14th amendment Key Cases CBQ Railroad v. Chicago: State compensate for taking property. Gitlow v. New York: States must respect free speech (Gitlow not allowed to plot to overthrow the gov’t.) 3 & 7 amendments not incorporated.

Exit slip During the 1787 Constitutional Convention, _______________________’s proposal to include a bill of rights was defeated. _______________________ are basic freedoms to think and to act that all people have and that are protected against government abuse. The _______________________ Amendment protects freedom of speech and expression and the free exercise of religion. The _______________________ help maintain a balance between protecting civil liberties and ensuring the public good by striking down laws that violate individual rights and liberties. The _______________________ holds that the Bill of Rights applies to the states because it protects rights that are essential to the due process clause.

Section 2: First Amendment Freedoms The first amendment protects five fundamental freedoms that are central to the American notion of liberty: the freedoms of religion, speech, the press, assembly, and petition.

Do Now If you had to lose one of your rights from the first amendment which one would you pick?

What is the establishment clause and the free exercise clause? Learning Goals Objectives Essential Question Describe the five freedoms of the first amendment fundamental for American Liberty. Explain why the government cannot establish or support a religion. Analyze how the first amendment protects unpopular speech but also puts limits on freedom of expression. What is the establishment clause and the free exercise clause?

I. Religious Freedom Establishment Clause: Gov’t. can’t create an official religion or support one over another. Public Displays: Acknowledgement of a religion doesn’t mean support. Religion vs. education: Money can be used on private schools if open to all private schools and not dealing with religious aspects. Free Exercise Clause: Guarantees the right to hold any religious belief.

Which first amendment right did you and your partner give up? Activity: Part 1 Which first amendment right did you and your partner give up? Create a list of 5 problems that could arise from the loss of that right.

ii. Freedom speech & of the press Why free speech & press: Allows openness in making decisions. Limits on freedoms Slander: Spoken defamation Libel: Written Defamation Treason: Making war against the U.s. Sedition: Speech or actions leading to revolt against u.s. Prior restraint: Gov’t. seeks to prevent news from being published. Symbolic speech: Communication of ideas through symbols and actions.

Activity: Part 2 Divide yourself into 5 Groups (Speech, Press, Petition, Assembly, Religion) according to the right you would give up. In your group combine your “Problems” and create a list of the strongest problems that could happen if you gave up that right. Each group will share with the class.

III. Freedoms of Assembly & Petition Limits on assembly & petition: Only stop assemblies if inciting violence. Freedom of Association: Right to join with others, share ideas, and work toward a common purpose.

1. Thomas Jefferson argued that the free exercise clause of the Constitution built a “wall of separation between Church & State.” 2. Slander and symbolic speech are two forms of free speech that the Supreme Court has determined are not protected by the First Amendment. 3. The government uses the Second Amendment to determine whether laws violate the establishment clause. 4. In Near v. Minnesota (1931), the Supreme Court ruled that burning the American flag was a protected act of free speech. 5. The Supreme Court has determined that the freedoms guaranteed by the First Amendment together establish a right to privacy.

Section 3: Protecting Individual Liberties A key purpose of the Bill of rights is to protect individuals from government abuses. Several amendments limit the government’s power and protect individual rights against government actions.

Do Now Are you willing to give up some of your liberty to feel more secure? Explain your answer either way.

How does the 4th amendment imply a right to privacy? Learning Goals Objectives Essential question Explain the purposes of and limits on the right to keep and bear arms. Describe how the bill of rights guarantees the security of home and person. Analyze how the right to privacy has developed. Describe how and why the constitution guarantees due process of the law. How does the 4th amendment imply a right to privacy?

I. Bear arms & privacy 2nd Amendment: The right to bear arms Some restrictions on weapons used generally by criminals. State & local gov’ts can’t overly restrict guns either. Right to Privacy Not explicitly stated in the constitution Implicit by 4th, 5th, 14th amendments. Roe v. Wade: State can’t stop an abortion during 1st 3 months due to privacy of the woman.

If you support Gun Control move to the windows. Activity: Part I If you support Gun Control move to the windows. If you support the 2nd amendment move to the whiteboard. You will be debating the other side. Choose a writer and a speaker.

ii. Security of home & person 3rd Amendment: Troops can’t order you to let them stay in your house. Probable Cause: Strong likelihood that they would find evidence of a crime. Search Warrant: Document that gives police legal authority to search private property. Exclusionary Rule: Evidence obtained illegally may not be used against a person in court.

Come up with 5 reasons that support your side. Activity: Part II Come up with 5 reasons that support your side. Come up with 5 reasons that hurt the other sides argument.

III. Due process of the law Police Power: its ability to regulate behavior for the common good. Procedural due process: Gov’t. follow certain procedures before punishing a person. Substantive due process: Concerns whether the laws themselves are fair and just.

Exit Slip Which amendment protects people from “unreasonable searches and seizures”? Which concept requires the government to act according to established law and secures the protections provided by the Bill of Rights? How does procedural due process limit the government’s police power?

Pro-Gun’s argument against control Activity: Part III Pro-Gun Support Gun Control Support Pro-Gun’s argument against control Gun Control’s argument against 2nd amendment Decision: Which side of the room are you?

Section 4: Crime & Punishment The Constitution contains many features that help ensure that people accused of a crime receive fair and reasonable treatment— from arrest to trial to punishment

Do Now What is the proper punishment for Murder, for rape, for kidnapping? Explain why you feel that way.

Learning Goals Objectives Essential Question Analyze how the U.S. justice system address both civil law and criminal law. Explain how the constitution guarantees the rights of those accused of a crime. Describe the major constitutional guarantees for ensuring fair trails. What do you think would make a punishment “cruel and unusual”?

I. The U.S. justice system Civil Law: Private disputes between people over property or relationships. Criminal Law: System for dealing with crimes & punishments. The Process Indictment: Enough evidence to charge a person with a crime Bail: Money pledged to guarantee defendant will return to court Capital punishment: Punishment by death

If you support the death penalty move to the windows. Activity: Part 1 If you support the death penalty move to the windows. If you support don’t support the death penalty move to the whiteboard. You will be debating the other side. Choose a different writer and a speaker.

II. Guarantees of fair trial Speedy & Public trial: No unnecessary delays or secretive Trial by jury: 12 peers Bench trial: Defendant waives jury for only the judge Right to an adequate defense: Must be professional competent. Double jeopardy: Can’t stand trial twice for the same offense.

Activity: Part 2 Your group will make a presentation to the class using some of these elements Morality Constitutionality Deterrence Race Cost Income Attorney quality

iii. punishment Excessive fines: Only limits on government & not in civil cases. Cruel & unusual punishment: Justice or revenge? Capital punishment: Should we keep the death penalty or not?

Pro-Death Penalty Support Anti-Death Penalty Support Activity: Part III Pro-Death Penalty Support Anti-Death Penalty Support Pro-Death Penalty’s argument against life in prison Anti-death penalty’s argument against Death Penalty Decision: Which side of the room are you?