The Bill of Rights Chapter 6

The First Amendment Lesson 1 Essential Questions: How do societies balance individual and community rights? It Matters Because: The rights granted under the First-Amendment are among our most basic freedoms. Guiding Question Which individual rights are protected by the First-Amendment?

Guaranteeing Civil Liberties Have you ever seen people protesting a law: Have you ever wondered why police officers in a movie have to tell a suspect his or her rights Have you ever thought about who can vote? Civil Liberties- Freedoms we have to think and act without government interference or fears of unfair legal treatment Many of these civil liberties are protected under the Bill of Rights The first 10 Amendments

First Amendment-Protects 5 Basic Freedoms Freedom of Religion Congress cannot establish or set up any religion as the official faith of the United States (establishment clause) Thomas Jefferson- The idea of “Separation between church and state” Americans have the right to practice their faith in the way they want

Freedom of Speech The right to say our opinions, in public or in private, without fear of being stopped or punished by the government for those ideas Meetings, conversations, speeches and lectures Words spoken in radio, television Internet messages, art, music, clothing

Freedom of the Press “Only a press that is free to criticize the government can keep that government from misusing its power” The government cannot censor new reports Censorship- the banning of printed materials or films due to alarming or offensive ideas

Freedom of Assembly First Amendment-protects our right to gather in groups for any reason, as long as the groups are peaceful Meetings rallies, celebrations, parades Government can make rules about when and where these activities are held Includes freedom of association Form and join clubs, political parties, labor unions, and other groups

Freedom of Petition First Amendment gives us the right to send petitions to the government Petition-a formal request for government action Written statement that hundreds or thousands of people sign Could be a simple letter or email from one person Petitions gives us the right to express ourselves to the government If enough people express their views, the government may act.

Limits on Civil Liberty First Amendment gives very broad rights to all Americans Not intended to allow citizens to do whatever they want Must be balanced against the rights of others and the community Free speech restrictions Slander – you have the right to criticize public officials,, but you don’t have the right to spread lies that will harm their reputation Libel – written untruths that are harmful to someone’s reputation

Other Bill of Rights Protections Lesson 2 It Matters Because: Other parts of the Bill of Rights protects the rights of the accused. Guiding Question How does the Bill of Rights protect the rights of the accused? Accused- people officially charged with crimes The Fourth, Fifth, Sixth and Eighth Amendments protects the rights of the accused Accused- a person who is officially charge with a crime

The Fourth Amendment The Fourth Amendment protects us against “unreasonable searches and seizures” No officer can search a persons property or take his or her possessions at will. Probable cause- the officer must have strong reasons to think that the person’s property was involved in a crime. Search warrant- officer must obtain a court order allowing police to search property and seize evidence Search suspect’s home, business or other property Only items listed in the warrant can be taken

The Fifth Amendment Indictment- a document issued by a grand jury to charge someone with a crime No one can be tried for serious crime without an indictment Someone who is indicted is not necessarily guilty Double jeopardy- putting someone on trial for a crime he or she was previously found innocent Can’t put a person on trial more than once for the same crime.

The Fifth Amendment Self-incrimination- giving evidence about yourself that could lead to you being found guilty of a crime The accused has the right to remain silent This prevents the government from forcing people to confess to crimes they have not committed Due process –following legal procedures No one may be denied life, liberty, or property without due process Laws to be followed must be reasonable Eminent domain- the right of the government to take private property for public use Usually land, and the government has to pay a fair price

The Sixth Amendment Guarantees other rights to the accused Requires that persons clearly be told the charges against them Requires that the accused be allowed a trial by jury Accused can choose trial by jury of a judge Jury trial must be speedy and held in public Jurors must be fair If possible trial must be held in the community where the crime took place An accused has the right to question all witnesses An accused must be allowed to call witnesses in defense He or she has the right to a lawyer If they can’t afford one, the government must provide for one

The Eight Amendment Sometimes months can pass before a trial can be held The accused may be allowed to pay bail and be released Bail- a sum of money used as a security deposit to ensure that an accused person who is released from jail returns for his or her trial A judge decides how much bail the person must pay Excessive bail (too much) is forbidden

Determining the Bail Amount How does a judge decide the bail amount? How much is the person able to pay? Type of crime committed, criminal record Will they appear in court, or will they flee The Eight Amendment also protects from punishment that is too harsh Also forbids “cruel and unusual punishment” Should you get life imprisonment for stealing a loaf of bread?

Additional Protection Guiding Question: Which other protections does the Bill of Rights offer: Certain actions taken by the British government were abuses of power The founders wanted to prevent these abuses The Second Amendment-the right to keep and bear arms The Third Amendment- Bans the quartering of soldiers The Seventh Amendment- Concerns civil cases The Ninth Amendment-All rights not spelled out in the Constitution are retained, or kept by the people. The people have additional rights that are not spelled out in the Bill of Rights. The Tenth Amendment- Recognizes that the power of the federal government is limited. Any powers the Constitution does not specifically give to the federal government belongs to the states or the people

Civil War Amendments Lesson 3 Guiding Question: How were civil rights extended following the Civil War? It Matters Because: Voting is the way people in a democracy make their wishes known. Black codes- laws from after the Civil War that kept African Americans from holding certain jobs, gave them few property rights, and limited their rights in other ways Suffrage- the right to vote Poll Tax- a sum of money required of voters before they are permitted to cast a ballot

Constitutional Amendments Eleventh Amendment (1795) Places limits on lawsuits against states Twelfth Amendment (1804) Revises procedure for electing the president and vice president Thirteenth Amendment (1865) Abolishes slavery Fourteenth Amendment (1868) Defines U.S. citizenship; guarantees all citizens “equal protection of the laws” Fifteenth Amendment (1870) Prohibits restrictions on the right to vote based on race and color Sixteenth Amendment (1913) Gives Congress the power to levy an income tax Seventeenth Amendment (1913) Enables voters to elect senators directly Eighteenth Amendment (1917) Prohibits making, transportation, selling, importing, and exporting alcoholic beverages Nineteenth Amendment (1920) Gives women the right to vote Twentieth Amendment (1933) Changes the dates of congressional and presidential terms Twenty-first Amendment (1933) Repeals Prohibition (Eighteenth Amendment)

Constitutional Amendments Twenty-second Amendment (1951) Limits presidents to two terms in office Twenty-third Amendment (1961) Gives residents of the District of Columbia the right to vote Twenty-fourth Amendment (1964) Abolishes poll taxes Twenty-fifth Amendment (1967) Establishes procedures for succession to the presidency Twenty-sixth Amendment (1971) Sets voting age at 18 years Twenty-seventh Amendment (1992) Delays congressional pay raises until the term following their passage