1. CHAPTER 10: CIVIL LIBERTIES THE BILL OF RIGHTS GUARANTEES CIVIL RIGHTS AND INDIVIDUAL LIBERTIES TO AMERICAN CITIZENS AND RESIDENTS.

2. 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.

4. I. THE BILL OF RIGHTS A.AFTER INDEPENDENCE i.STATES HAD BILLS OF RIGHTS BUT FEDERAL CONSTITUTION DID NOT. B.THE RATIFICATION PROCESS A.AMERICANS DID NOT TRUST ANY GOV’T, EVEN THEIR OWN C.THE TEN AMENDMENTS A.CIVIL LIBERTIES: BASIC FREEDOMS TO THINK AND TO ACT THAT ALL PEOPLE HAVE AND THAT ARE PROTECTED AGAINST GOV’T ABUSE. B.CIVIL RIGHTS: RIGHTS OF FAIR AND EQUAL STATUS AND TREATMENT AND THE RIGHT TO PARTICIPATE IN GOV’T.

5. II. LIMITS ON CIVIL LIBERTIES & RIGHTS A.CONFLICTING RIGHTS i.LIMIT ON LIBERTIES IF HARMING OTHERS (SMOKING IN PUBLIC) ii.FREE SPEECH? LIMIT SPEECH THAT AIDS THE ENEMY DURING WAR B.ROLE OF THE COURTS i.INTEREST GROUPS: NAACP, ACLU, MALDEF FILE LAWSUITS AGAINST LAWS THAT LIMIT LIBERTIES ii.COURTS NOT INVOLVED IN LIBERTIES UNTIL THE EARLY 1900S

6. III. CIVIL LIBERTIES & THE 14 TH AMENDMENT A.DUE PROCESS CLAUSE: FOLLOWING ESTABLISHED & COMPLETE LEGAL PROCEDURES i.14 TH AMENDMENT TO PROTECT RIGHTS OF FORMER SLAVES ii.BILL OF RIGHTS APPLIES TO THE STATES iii.SELECTIVE INCORPORATION: COURTS MERGED BILL OF RIGHTS & 14 TH AMENDMENT B.KEY CASES i.CBQ RAILROAD V. CHICAGO: STATE COMPENSATE FOR TAKING PROPERTY. ii.GITLOW V. NEW YORK: STATES MUST RESPECT FREE SPEECH (GITLOW NOT ALLOWED TO PLOT TO OVERTHROW THE GOV’T.) iii.3 & 7 AMENDMENTS NOT INCORPORATED.

7. “ ” 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.

9. I. RELIGIOUS FREEDOM A.ESTABLISHMENT CLAUSE: GOV’T. CAN’T CREATE AN OFFICIAL RELIGION OR SUPPORT ONE OVER ANOTHER. B.PUBLIC DISPLAYS: ACKNOWLEDGEMENT OF A RELIGION DOESN’T MEAN SUPPORT. C.RELIGION VS. EDUCATION: MONEY CAN BE USED ON PRIVATE SCHOOLS IF OPEN TO ALL PRIVATE SCHOOLS AND NOT DEALING WITH RELIGIOUS ASPECTS. D.FREE EXERCISE CLAUSE: GUARANTEES THE RIGHT TO HOLD ANY RELIGIOUS BELIEF.

10. II. FREEDOM SPEECH & OF THE PRESS A.WHY FREE SPEECH & PRESS: ALLOWS OPENNESS IN MAKING DECISIONS. B.LIMITS ON FREEDOMS A.SLANDER: SPOKEN DEFAMATION B.LIBEL: WRITTEN DEFAMATION C.TREASON: MAKING WAR AGAINST THE U.S. D.SEDITION: SPEECH OR ACTIONS LEADING TO REVOLT AGAINST U.S. C.PRIOR RESTRAINT: GOV’T. SEEKS TO PREVENT NEWS FROM BEING PUBLISHED. D.SYMBOLIC SPEECH: COMMUNICATION OF IDEAS THROUGH SYMBOLS AND ACTIONS.

11. III. FREEDOMS OF ASSEMBLY & PETITION A.LIMITS ON ASSEMBLY & PETITION: ONLY STOP ASSEMBLIES IF INCITING VIOLENCE. B.FREEDOM OF ASSOCIATION: RIGHT TO JOIN WITH OTHERS, SHARE IDEAS, AND WORK TOWARD A COMMON PURPOSE.

12. 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.

13. “ ” 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.

14. DO NOW ARE YOU WILLING TO GIVE UP SOME OF YOUR LIBERTY TO FEEL MORE SECURE? EXPLAIN YOUR ANSWER EITHER WAY.

15. LEARNING GOALS OBJECTIVES EXPLAIN THE PURPOSES OF AND LIMITS ON THE RIGHT TO KEEP AND BEAR ARMS. 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. DESCRIBE HOW THE BILL OF RIGHTS GUARANTEES THE SECURITY OF HOME AND PERSON. ANALYZE HOW THE RIGHT TO PRIVACY HAS DEVELOPED. ANALYZE HOW THE RIGHT TO PRIVACY HAS DEVELOPED. DESCRIBE HOW AND WHY THE CONSTITUTION GUARANTEES DUE PROCESS OF THE LAW. DESCRIBE HOW AND WHY THE CONSTITUTION GUARANTEES DUE PROCESS OF THE LAW. ESSENTIAL QUESTION HOW DOES THE 4 TH AMENDMENT IMPLY A RIGHT TO PRIVACY? HOW DOES THE 4 TH AMENDMENT IMPLY A RIGHT TO PRIVACY?

17. I. BEAR ARMS & PRIVACY 2 ND AMENDMENT: THE RIGHT TO BEAR ARMS 2 ND AMENDMENT: THE RIGHT TO BEAR ARMS SOME RESTRICTIONS ON WEAPONS USED GENERALLY BY CRIMINALS. SOME RESTRICTIONS ON WEAPONS USED GENERALLY BY CRIMINALS. STATE & LOCAL GOV’TS CAN’T OVERLY RESTRICT GUNS EITHER. STATE & LOCAL GOV’TS CAN’T OVERLY RESTRICT GUNS EITHER. RIGHT TO PRIVACY RIGHT TO PRIVACY NOT EXPLICITLY STATED IN THE CONSTITUTION NOT EXPLICITLY STATED IN THE CONSTITUTION IMPLICIT BY 4 TH, 5 TH, 14 TH AMENDMENTS. IMPLICIT BY 4 TH, 5 TH, 14 TH AMENDMENTS. ROE V. WADE: STATE CAN’T STOP AN ABORTION DURING 1 ST 3 MONTHS DUE TO PRIVACY OF THE WOMAN. ROE V. WADE: STATE CAN’T STOP AN ABORTION DURING 1 ST 3 MONTHS DUE TO PRIVACY OF THE WOMAN.

18. II. SECURITY OF HOME & PERSON 3 RD AMENDMENT: TROOPS CAN’T ORDER YOU TO LET THEM STAY IN YOUR HOUSE. 3 RD 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. PROBABLE CAUSE: STRONG LIKELIHOOD THAT THEY WOULD FIND EVIDENCE OF A CRIME. SEARCH WARRANT: DOCUMENT THAT GIVES POLICE LEGAL AUTHORITY TO SEARCH PRIVATE PROPERTY. 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. EXCLUSIONARY RULE: EVIDENCE OBTAINED ILLEGALLY MAY NOT BE USED AGAINST A PERSON IN COURT.

19. III. DUE PROCESS OF THE LAW POLICE POWER: ITS ABILITY TO REGULATE BEHAVIOR FOR THE COMMON GOOD. POLICE POWER: ITS ABILITY TO REGULATE BEHAVIOR FOR THE COMMON GOOD. PROCEDURAL DUE PROCESS: GOV’T. FOLLOW CERTAIN PROCEDURES BEFORE PUNISHING A PERSON. PROCEDURAL DUE PROCESS: GOV’T. FOLLOW CERTAIN PROCEDURES BEFORE PUNISHING A PERSON. SUBSTANTIVE DUE PROCESS: CONCERNS WHETHER THE LAWS THEMSELVES ARE FAIR AND JUST. SUBSTANTIVE DUE PROCESS: CONCERNS WHETHER THE LAWS THEMSELVES ARE FAIR AND JUST.

20. EXIT SLIP WHICH AMENDMENT PROTECTS PEOPLE FROM “UNREASONABLE SEARCHES AND SEIZURES”? 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? 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? HOW DOES PROCEDURAL DUE PROCESS LIMIT THE GOVERNMENT’S POLICE POWER?

21. 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

22. DO NOW WHAT IS THE PROPER PUNISHMENT FOR MURDER, FOR RAPE, FOR KIDNAPPING? EXPLAIN WHY YOU FEEL THAT WAY.

23. LEARNING GOALS OBJECTIVES ANALYZE HOW THE U.S. JUSTICE SYSTEM ADDRESS BOTH CIVIL LAW AND CRIMINAL LAW. 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. EXPLAIN HOW THE CONSTITUTION GUARANTEES THE RIGHTS OF THOSE ACCUSED OF A CRIME. DESCRIBE THE MAJOR CONSTITUTIONAL GUARANTEES FOR ENSURING FAIR TRAILS. DESCRIBE THE MAJOR CONSTITUTIONAL GUARANTEES FOR ENSURING FAIR TRAILS. ESSENTIAL QUESTION WHAT DO YOU THINK WOULD MAKE A PUNISHMENT “CRUEL AND UNUSUAL”? WHAT DO YOU THINK WOULD MAKE A PUNISHMENT “CRUEL AND UNUSUAL”?

25. I. THE U.S. JUSTICE SYSTEM A.CIVIL LAW: PRIVATE DISPUTES BETWEEN PEOPLE OVER PROPERTY OR RELATIONSHIPS. B.CRIMINAL LAW: SYSTEM FOR DEALING WITH CRIMES & PUNISHMENTS. C.THE PROCESS A.INDICTMENT: ENOUGH EVIDENCE TO CHARGE A PERSON WITH A CRIME B.BAIL: MONEY PLEDGED TO GUARANTEE DEFENDANT WILL RETURN TO COURT C.CAPITAL PUNISHMENT: PUNISHMENT BY DEATH

26. II. GUARANTEES OF FAIR TRIAL A.SPEEDY & PUBLIC TRIAL: NO UNNECESSARY DELAYS OR SECRETIVE B.TRIAL BY JURY: 12 PEERS i.BENCH TRIAL: DEFENDANT WAIVES JURY FOR ONLY THE JUDGE C.RIGHT TO AN ADEQUATE DEFENSE: MUST BE PROFESSIONAL COMPETENT. D.DOUBLE JEOPARDY: CAN’T STAND TRIAL TWICE FOR THE SAME OFFENSE.

27. III. PUNISHMENT A.EXCESSIVE FINES: ONLY LIMITS ON GOVERNMENT & NOT IN CIVIL CASES. B.CRUEL & UNUSUAL PUNISHMENT: JUSTICE OR REVENGE? C.CAPITAL PUNISHMENT: SHOULD WE KEEP THE DEATH PENALTY OR NOT?

28. IV. DEATH PENALTY DEBATE IN YOUR GROUP COME UP WITH A DEFENSE EITHER FOR OR AGAINST THE DEATH PENALTY. IN YOUR GROUP COME UP WITH A DEFENSE EITHER FOR OR AGAINST THE DEATH PENALTY. YOUR GROUP WILL MAKE A PRESENTATION ON TO THE CLASS YOUR GROUP WILL MAKE A PRESENTATION ON TO THE CLASS MORALITY MORALITY CONSTITUTIONALITY CONSTITUTIONALITY DETERRENCE DETERRENCE RACE RACE COST COST INCOME INCOME ATTORNEY QUALITY ATTORNEY QUALITY