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What are rights and where do they come from????
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Read the scenarios and discuss.
Theme of activity—the need to balance individual liberty with the well-being of society Rights are NOT absolute but must be balanced against societal needs Scenario 1: Right of free speech vs. the need to maintain safe schools Scenario 2: Right of free speech vs. the right of other students to an environment free of fear and discrimination Scenario 3: Right to be secure from unreasonable searches and seizures vs. the need to protect students from harm Scenario 4: Right to be secure from unreasonable searches and seizures vs. the need to protect citizens from harm
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Where do our rights come from?
Natural Rights: Those that a person is born with, rather than granted by a government or ruler Legal Rights: Those that have been defined by constitutional provisions, laws, and court decisions
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What rights are people born with?
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Does it matter if our rights are codified?
In the past, oral tradition or oral law has been used to create governments and law Codify- turn into a set of written rules or laws Rights of people in the United States are codified in the U.S. Constitution Constitution: written document articulating the purpose, structure, powers, and limitations of a government
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The Bill of Rights The Bill of Rights is part of the Constitution and is NOT a separate legal document. The founders strongly disagreed over whether the U.S. needed a list of rights added to the Constitution. Those who did not want a Bill of Rights were afraid of leaving something out. They worried that listing a few specific rights would imply that those were the only rights protected by the Constitution. People who wanted a Bill of Rights believed that it was important to list the rights the founders felt most strongly about, to make sure that they were protected. The preamble
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Two kinds of rights Positive Rights: require action or initiative to ensure that your right is protected; they are rules the require the state to provide individuals with a benefit (ex. Right to education) Negative Rights: prevent a person from doing something that would deprive another person of a right; they are rules that keep the state from depriving individuals of liberty (ex. Freedom of Speech)
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Functional Document Document that communicates everyday information
Car manual Codes of Conduct
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Contemporary Laws Laws that reflect modern issues
What are some examples?
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