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To the U.S. Constitution
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The Bill of Rights Amendments 1 through 10
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How do you expect to be treated? Introductory Video
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Written by James Madison after a call from several states for individual protections from the government Remember the arguments between the Federalists and Anti-Federalists—Madison was an Anti- Federalist He was influenced by George Mason, author of The Virginia Declaration of Rights This Bill of Rights LIMITS the powers of our government Background Information
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Guarantees the freedom of religion, speech, press, and peaceable assembly Religion: we can practice or not practice any beliefs Speech: we can share what we think about the government (but we cannot tell lies or incite panic) Press: we can print what we think about the government Peaceable Assembly: we can hold demonstrations if we go through the right steps The 1 st Amendment
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Religion What should we do when “the enemy” is represented in America?
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Speech Where should we draw the line? Should there be a line?
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Peaceable Assembly What are you willing to protest? What steps should we have to go through to be protected by this amendment?
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Press Involves much more today that ever expected! What do we really need to know?
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Guarantees the right to bear arms The actual wording: Amendment II: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Today, we have so much controversy about what this means A state Army Weapons for hunting The ability to defend ourselves Simple versus high powered guns The 2 nd Amendment
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Should people have weapons at all? Are any weapons unacceptable? Should there be rules about who can have them? Should there be rules about how we acquire them? Should people be able to carry them around? Is it alright to conceal weapons? Do legal and illegal weapons contribute to crime? Who should make these rules? Some of the Issues
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Should we own guns? ForAgainst
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The 3 rd Amendment Not really an issue now, but was quite common in Colonial America
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The 4 th Amendment Freedom from unreasonable search and seizure Police need a warrant to search your property, but if they have a good enough reason they can search you Things to consider Stop and frisk Searching a home Searching a car Phone taps Looking through garbage on the curb Social media
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The 5 th Amendment Due Process: there has to be some serious evidence to even accuse a person of a crime; grand juries will make this decision Plead the Fifth: we don’t have to incriminate ourselves No Double Jeopardy: we can’t be tried for the same crime twice
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The Patriot Act: passed by Congress and signed by President Bush in 2001 Allowed the government to detain immigrants, listen in on phone conversations, and search homes and businesses; was a response to the 9/11 attacks The National Defense Authorization Act: passed by Congress and signed by President Obama each year Newest provision allows for indefinite incarceration Are these violations of the 5 th Amendment? Consider These:
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The 6 th Amendment If you’re accused of a crime, what rights do you have? A speedy trial A public trial An impartial jury A court appointed attorney The right to confront/question witnesses and the accuser
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Regarding civil cases—where one person sues another person If it involves more than $1500 (the Constitution says $20), it has to be held before a jury; otherwise it’s settled in small claims court A person cannot go to jail because of a civil case 7 th Amendment
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8 th Amendment We need to have an appropriate bail No cruel or unusual punishment Is Capital Punishment Constitutional? Is Capital Punishment Constitutional?
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It reads: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Some call this the Silent Amendment because there is some power in it’s lack of words In 1958, Supreme Court Justice Robert H. Jackson wrote that the rights protected by the Ninth Amendment "are still a mystery." The 9 th Amendment
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Powers not granted to the Federal Government are left up to the individual states. What are some issues that could be involved? This is where we stand right now with same-sex marriage. The 10 th Amendment
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Bill of Rights in 30 Seconds Bill of Rights in 30 Seconds You can do a better job than that! Write a script and act it out. Video: hand trick ?
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