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Chapter 10: The Bill of Rights
Chapter 10: The Bill of Rights. What rights and freedoms does the Bill of Rights protect and why are they important?
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Learning Goals/Target:
Chapter 10 Goals The Bill of Rights Chapter 10 EQ 10: What freedoms does the Bill of Rights protect and why are they important? Learning Goals/Target: Why were the Bill of Rights created? What rights are protected by the First Amendment? How do the 2nd, 3rd , and 4th Amendments protect citizens from government abuses? How do the 5th, 6th, 7th, and 8th Amendments protect citizens from legal issues? How do the 9th and 10th Amendments help to a proper balance of rights and power among the federal government, the people, and the states? Key Terms: ratify, Bill of Rights, controversial, guarantees, warrant, double jeopardy, self-incrimination, due process, defendant, compensation
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Chapter 10 Scales 1 2 3 4 I need help!
1 2 3 4 I need help! *Remember to leave a question in your ranking sheet I can recognize the vocabulary and most of the ten amendments (Bill of Rights) I am not ready yet to define these terms or discuss how the Bill or Rights are important. I can define the vocabulary and most of the ten amendments (Bill of Rights) I can use some of the terms and ten amendments to explain why the Bill of Rights are important. I can use proper vocabulary to justify why the Bill of Rights are important to citizens. I can use proper terms to summarize most of the ten amendments. I can not only do #3, but also, connect what was taught in class to evaluate the decisions made in historical landmark Supreme Court cases. I can use proper vocabulary terms while analyzing the rights or lack of rights in other countries.
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Today’s Learning Target
Essential Question 10 What freedoms does the Bill of Rights protect and why are they important? I know I have it when: I can discuss why the bill of rights were created.. Learning Target Why were the Bill of Rights created? Chapter 10 Target 1
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Preview: The Parent’s Constitution.
Complete the preview page at the beginning of your chapter 10 packet. Individually Groups Class
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10.1: Introduction Read 10.1 and answer the following questions via Moodle: Why did it look like the Constitution would not be ratified by the states? Why did Hancock not go to the Massachusetts’ Constitutional Convention? How did the Federalists try to trick Hancock into supporting ratification of the Convention? Did their trick work?
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10.2: Creating the Bill of Rights
1. What does the Bill of Rights contain? 2. Who took the lead in making sure the Bill of Rights was eventually included in the Constitution? The Bill of Rights contains the first ten amendments to the U.S. Constitution. 2. James Madison took the lead in making sure the Bill of Rights was eventually included in the Constitution.
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Today’s Learning Target
Essential Question 10 What freedoms does the Bill of Rights protect and why are they important? I know I have it when: I can discuss my rights that ar protected by the First Amendment. Learning Target What rights are protected by the First Amendment? Chapter 10 Target 2
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10.3: First Amendment Rights
Read 10.3 & answer question #1 from section 3 in your packet. The five basic freedoms protected by the FirstAmendment are: Freedom of religion Speech The press Assembly The right to petition the government.
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Today’s Learning Target
Essential Question 10 What freedoms does the Bill of Rights protect and why are they important? I know I have it when: I can discuss how the Amendments protect me from abuses by the government. Learning Target How do the 2nd, 3rd , and 4th Amendments protect citizens from government abuses? Chapter 10 Target 3
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10.4: Citizen Protections (2nd, 3rd, & 4th Amendments.)
Read 10.4 and answer question 1 from packet. 2nd Amendment: 3rd Amendment: The right to bear arms (guns). No quartering (housing) of troops by the government. Discussion: Individually: Answer question two from your packet. Group: Discuss and amend answers to question 2. Class: Discuss answers to question 2 and debate.
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10.4: Citizen Protections (2nd, 3rd, & 4th Amendments.)
Read section 4 and answer: What does the 4th amendment protect? Question 3: The steps. Protects from unauthorized search and seizure. 2. 1. Police show a judge that they have a good reason for the search. 2. If the judge agrees, he or she issues a warrant saying what can be searched. 3. Police present the warrant and conduct the search.
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Today’s Learning Target
Essential Question 10 What freedoms does the Bill of Rights protect and why are they important? I know I have it when: I can discuss how the Amendments protect my legal rights. Learning Target How do the 5th, 6th, 7th, and 8th Amendments protect citizens from legal issues? Chapter 10 Target 4
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10.5: Legal Rights (5, 6, 7, & 8) List and describe five important rights protected by the Fifth Amendment. Then circle one of these rights and briefly explain why you think it is important. The right to a grand jury trial. Protects citizens from double jeopardy. Prohibits self-incrimination. Guarantees due process of law. Prohibits the govt. from taking private property w/out fair compensation.
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5th Amendment
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10.5: Legal Rights (5, 6, 7, & 8) The 6th Amendment: Criminal Trial Rights.
Be judged by impartial jury. Speedy & Public Trial Right to lawyer. 6th Amendment Right to hear your charges (Be told what you are accused of.) Right to hear & question a witness at a trial.
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10.5: Legal Rights (5, 6, 7, & 8) The 7th Amendment: Civil Trial Rights.
Disputes between people or businesses. Typically involve money, property, or family matters, such as divorce. In all but the most minor cases, people involved in a civil case have a right to a jury trial. After a jury decides the facts of a case, no judge can overrule the jury’s decision.
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10.5: The 8th Amendment. Bails & Punishments
In your groups, discuss what the 8th amendment protects before and after trials. Individually create a political cartoon(s)to represent this amendment. Before Trial, prevents excessive bail. After Trial, Prevents excessive fines. Prevents “cruel and unusual punishment.”
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Today’s Learning Target
Essential Question 10 What freedoms does the Bill of Rights protect and why are they important? I know I have it when: I can discuss how the Amendments balance power. Learning Target How do the 9th and 10th Amendments help to a proper balance of rights and power among the federal government, the people, and the states? Chapter 10 Target 5
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10.6: 9th Amendment RIGHTS RETAINED BY THE PEOPLE
This is the catch-all. It simply states that not all individual rights are listed in the bill-of-rights. For example, even though it is not listed citizens have the right to privacy. An extreme example, people have the right to tie their shoes.
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10.6: 10th Amendment Powers Retained to the States.
Powers that are not specifically given to the federal government (or banned from the state government) are “reserved to the states”. Examples: Speed Limits. # of days required for schools. Business licenses: Doctors, teachers, barbers, etc… Local governments: Mayor Estes.
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Timeline Challenge Complete questions Restate the question in your answer and write complete and well-thought responses.
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Do They Have the Right? You will be work in small groups to discuss and debate actual cases that have gone before the Supreme Court. Be specific in your arguments about what amendment is applicable and why you think it is constitutional or unconstitutional. At the end of the discussion, we will research the case and report the Supreme Court decision and explanation that was given.
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Example Supreme Court Decisions
Link to Supreme Court Webpage and Recent Decisions Link to Controversial/Landmark Supreme Court Decisions
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Do They Have the Right? What amendment(s) is/are referenced in case #1. Do they have the right to wear armbands? Why/Why not? Class Vote: Actual Outcome in Supreme Court In the 1969 case of Tinker v.Des Moines School District, the Court voted 7–2 in favor of the students, upholding their First Amendment rights. The Court held that the prohibition of armbands was a violation of First Amendment rights because students do not “shed their constitutional rights to freedom of speech at the schoolhouse gate.”
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Do They Have the Right? What amendment(s) is/are referenced in case #2. Do they have the right search the purse? Why/Why not? Class Vote: Actual Outcome in Supreme Court In the 1985 case of New Jersey v. T.L.O., the Court voted 6–3 against the student. The Court held that the search without a warrant did not violate the Fourth Amendment, given the circumstances. That the student was caught smoking created a “reasonable suspicion” to conduct a search for cigarettes.
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Do They Have the Right? In the 2002 case of Board of Education
What amendment(s) is/are referenced in case #3. Do they have the right to drug test? Why/Why not? Class Vote: Actual Outcome in Supreme Court In the 2002 case of Board of Education v. Earls, the Court voted 5–4 against the students. The Court held that drug testing was “a reasonable means of preventing and deterring drug use among [students].” The Court also held that the manner in which the district conducting the drug testing was not a significant violation of students’ limited privacy rights under the Fourth Amendment.
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Do They Have the Right? In the 1963 case of Gideon v.
What amendment(s) is/are referenced in case #4. Do they have the right to question w/out a lawyer? Why/Why not? Class Vote: Actual Outcome in Supreme Court In the 1963 case of Gideon v. Wainwright, the Court held unanimously that the Sixth Amendment guarantees a person accused of any crime the right to be represented by a court-appointed lawyer. In his opinion, Justice Black wrote that a fair trial for a poor defendant could not be guaranteed without a lawyer, adding that “lawyers in criminal courts are necessities, not luxuries.”
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Do They Have the Right? In the 1966 case of Miranda v.
What amendment(s) is/are referenced in case #5. Do citizens have the right to refuse to answer until they contact a lawyer? Why/Why not? Class Vote: Actual Outcome in Supreme Court In the 1966 case of Miranda v. Arizona, the Court held in a 5–4 decision that police must make suspects aware of their rights at the time of arrest. These rights include the right to remain silent (under the Fifth Amendment), the right to speak to an attorney (under the Sixth Amendment), and the right to have an attorney present during police questioning (under the Sixth Amendment).
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Chapter 10: The Bill of Rights
Chapter 10: The Bill of Rights. What rights and freedoms does the Bill of Rights protect and why are they important?
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