Section 2: Part 5 and 6 Exercising Our Rights

What are constitutional rights? Constitutional rights are any rights given to citizens by the constitution. This allows our government to work. There are many different rights, such as freedom of the press or religion. All of the first amendment rights are both social and political rights. They allow us to participate in your democracy.

Some rights protect us from the abuse of power by a government! The First Amendment allows us to do or say things without the fear of government intruding or taking away our rights. Example: right to assemble or free speech. Forth and Fifth Amendment protects us from the abuse of power of the federal government. Example: search and seizure and our right to life, liberty and property. The Fourteenth Amendment protects our rights from the abuse of power by the state governments! Example: Right to life and liberty, and property are protected.

Many different ways we can exercise our rights! Examples of exercising our rights include: Right to free speech, so long as we don’t harm or limit the rights or freedoms of others. Right to a jury trial and the right to not have your property or other rights taken away without due process.

What is due process and property rights? Laws must be exercised fairly to all before our rights are taken away by the government due a crime we may have committed. Eminent Domain: Remember, the government can also take away private property under the 5th amendment. However, the government must give you fair compensation for that property that it takes away. Example: Your home is worth 250 thousand dollars, so the government must compensate you for that amount of money. Property can only be taken for the common good. The government must demonstrate that your property needs to be taken for the good of the community, such as if the government wishes to build a road or highway.

When can we exercise our rights and when are they limited? We can exercise our rights daily. Sometimes, however, government may wish to limit those rights. They can do so whenever: There is a threat to the nation, such as in a time of war. When there is a national emergency such as a natural disaster from a hurricane. We needs to balance the needs of the nation with the needs of individuals.

Historical examples of people exercising their rights. Voting rights protests in 1965: People were injured by police because the police said the assembly was not legal. However, the supreme court ruled that peaceful protests are always legal and necessary in a democratic society. Forced internment during world war two: In this case, thousands of people were jailed simply because of their ethnic origin. The government argued, in this case successfully, that it was necessary because the govenrment had to keep the country safe and could not determine who was not a lawful citizen and who was a threat.