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The First Amendment 1 RAPPS Freedom of Speech Freedom of Religion
Freedom of the Press Freedom of Assembly Right to Petition RAPPS
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Freedom of Religion Establishment clause Free Exercise clause
“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of” Two clauses: Establishment clause Free Exercise clause
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Establishment and free exercise clause often conflict with each other
In schools, the religion issue is most prevalent If a student raises his hand and says “teacher, can we say an opening prayer before this test” If the teacher says: “Yes”, It looks like establishment of religion “No”, It is denying a student free exercise.
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Establishment Clause—Government cannot promote religion
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Establishment clause-Government Cans Cannot
Teach about religions in school Allow voluntary prayer in many examples Transport students to a religious school Read Bible for culture or literacy content Set a state religion Government cannot order a prayer Teach religious doctrine in the school Pay seminary teachers Teach creationism
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Free exercise of religion
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Free Exercise—The person Can Cannot
Choose whatever religion Lead a prayer in most examples Ask questions about religions Worship whomever/whatever you want Break the law and claim it is religious belief Raise children without education Deprive children of basic needs
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Freedom of speech 1 “Congress shall make no laws abridging the freedom of speech”
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Free speech– The individual can:
1 Free speech– The individual can: Say any political belief Protest (without getting out of control) Say things about someone that are true Burn the flag Say racist and hate slogans
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Free speech—limits on the person
1 Threaten to blow up airplanes, schools or the president Sexual harassment Create too much social chaos Extremely crude language in a public form Disrespectful, vulgar language in schools Hate crimes
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Freedom of the press 1 “Congress shall make no law abridging the freedom of the press.”
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Freedom of the press-the press Can Cannot
1 Print any political position Make fun of people Expose wrongs by the government Say things you might not agree with Libel– intentionally injuring a person’s reputation by false facts Disclose defense- security secrets Detail how to make a certain weapons
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Freedom of Assembly 1 Congress shall make no law Abridging The people to peaceably assemble”
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Freedom of Assembly--Individual Can Cannot
1 Freedom of Assembly--Individual Can Cannot Protest Parade (with a permit) Parade chanting hate slogans Gang members can congregate in public Protest by throwing rocks and breaking windows Hang out on private land against owners will— loitering Teen curfew
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Petition the Government
1 “Congress shall make no law Abridging the people. . . to petition the government for a redress of grievances”
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Petition the government
1 You may sue the government for wrongs You cannot be punished for exposing wrongs by the government The courts decide the wrongs
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2nd Amendment—Right to bear arms
“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.”
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What is the debate with the right to bear arms?
2 What was the original intent behind the 2nd Amendment? How can the government limit gun control rights?
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3 Third Amendment “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.”
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4 Fourth Amendment “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
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4 Fourth Amendment What does a policeman need in order to search your home? A warrant given to him by a judge Probable cause
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Surveillance
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Fifth Amendment 5 “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
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Fifth Amendment 5 You cannot be tried for the same crime twice—called “Double Jeopardy” You do not have to testify against your self. “I plead the fifth” You must have due process of law before you are convicted The government cannot take your land unless it pays.
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6 Sixth Amendment “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”
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6 the right to a speedy and public trial includes:
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7 Seventh Amendment “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 reexamined in any court of the United States, than according to the rules of the common law.”
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8 Eighth Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” In other words… The punishment must fit the crime.
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Ninth Amendment 9 Protects rights not listed in the Constitution
Examples? Can these rights ever be taken away?
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10 Tenth Amendment “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.” Government power is separated between the national (federal) government and the states
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