IR 26 CONSTITUTIONAL RIGHTS CHAPTER 13

Transcription

1 IR 26 CONSTITUTIONAL RIGHTS CHAPTER 13 1

2 INCORPORATION What is incorporation? A process that extended the protections of the Bill of Rights against actions of state and local governments. This means that American citizens in every part of the country have the same basic rights. Prior to 1925, the Bill of Rights was held only to apply to the federal government. Short answer: The process by which American courts have extended the protection of the U.S. Bill of Rights to the actions of state and local governments. 2

3 INCORPORATION How has the 14 th amendment been used to expand individual rights? The 14 th amendment defined citizenship and laid the groundwork for making individual rights national. Due Process Clause: The Supreme Court interpreted due process to include other protections the Bill of Rights guaranteed and said these rights also apply to states. 3

4 INCORPORATION What are the only amendments that have NOT been incorporated? Amendments: Second Amendment Third Amendment Tenth Amendment Eighth Amendment (only excessive bails and fines) Fifth and Seventh (judicial procedures) states not required to use a grand jury to bring formal charges for serious crimes, nor are they required to have a trial by jury in civil cases involving more than $20 4

5 THE BILL OF RIGHTS: THE FIRST 10 AMENDMENTS TO THE U. S. CONSTITUTION 1 st 2 nd 3 rd 4 th 5 th 6 th 7 th 8 th 9 th 10 th 5 On other slides, click on Contents to return to this slide.

6 WHO DETERMINES WHAT THE BILL OF RIGHTS MEAN? The Supreme Court makes rulings on the meaning. The Supreme Court balances the rights of the individual with the needs of society. The justices of the Supreme Court of the United States, 20086

7 1ST AMENDMENT = 5 RIGHTS Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly Freedom to petition the government 7

8 FREE SPEECH Congress shall make no laws... abridging the freedom of speech. Limits: Threaten to blow up airplanes, schools, or the president Sexual harassment Create too much social chaos Extremely crude language in a public forum Disrespectful, vulgar language in schools Hate crimes 8

9 FREE SPEECH: INDIVIDUALS 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 Free speech means someone might say something you DISAGREE with. 9

10 FREEDOM OF RELIGION Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of. Two clauses: Establishment clause Free Exercise clause 10

11 ESTABLISHMENT AND FREE EXERCISE CLAUSE OFTEN CONFLICT WITH EACH OTHER. In schools, the religion issue is most prevalent. A student may raise her hand and say, 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. 11

12 ESTABLISHMENT CLAUSE: GOVERNMENT CANNOT PROMOTE RELIGION. The separation of church and state is a basic principle of the US Constitution. 12

13 ESTABLISHMENT CLAUSE: GOVERNMENT CAN Teach about religions in school Allow voluntary prayer in many instances Transport students to a religious school Read Bible for culture or literacy content CANNOT Set a state religion Cannot order prayer Teach religious doctrine in the school Pay seminary or religious school teachers Teach creationism 13

14 CAN FREE EXERCISE: PEOPLE CANNOT Choose any religion Lead a prayer in most instances Ask questions about religions Break the law and claim it is religious belief Raise children without education Deprive children of basic needs 14

15 FREEDOM OF THE PRESS Congress shall make no law... abridging... the freedom of the press. 15

16 FREEDOM OF THE PRESS: THE PRESS CAN CANNOT Print any political position Make fun of people, especially politicians Expose wrongs by the government Say things you might not agree with Libel intentionally injuring a person s reputation by FALSE facts Disclose classified government secrets Detail how to make a certain weapons 16

17 FREEDOM OF ASSEMBLY Congress shall make no law... Abridging... The people to PEACABLY assemble. 17

18 Protest FREEDOM OF ASSEMBLY: PEOPLE CAN CANNOT Parade (with a permit) Parade chanting hate slogans Gather in public Protest by throwing rocks and breaking windows Hang out (loiter) on private land without owner s permission 18

19 PETITION THE GOVERNMENT Congress shall make no law... Abridging... the people... to petition the government for a redress of grievances. 19

20 PETITION THE GOVERNMENT You may sue the government for wrongs. You cannot be punished for exposing wrongs by the government. The courts decide the wrongs. 20

21 2 ND 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. 21

22 WHAT IS THE DEBATE WITH THE RIGHT TO BEAR ARMS? How much can the government do to keep guns from criminals and youth? In order to keep guns away from criminals, does that limit the right of law abiding citizens? 22

23 GUN DEBATE CONTINUED Shoes representing gun deaths. Thousands of people die every year because of guns. Thousands of crimes are prevented because of guns. 23

24 3RD AMENDMENT The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace. 24

25 AMENDMENTS 4-8 PRESERVE THE RIGHTS OF THE ACCUSED. 25

26 4TH AMENDMENT The right of the people to be secure in their persons, homes, against unreasonable searches and seizures, shall not be violated (No unreasonable searches and seizures) Police must have probable cause to get a search warrant What does the government need in order to search your home? Probable cause A warrant given by a judge 26

27 5TH AMENDMENT You cannot be tried for the same crime twice; that is 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. 27

28 6TH AMENDMENT: SPEEDY TRIAL AND LAWYER You have the right to speedy trial by an impartial jury (not favoring either side). You must be told of charges. You must be provided a lawyer if you cannot afford one. 28

29 7TH AMENDMENT: CIVIL TRIAL BY JURY In lawsuits where plaintiffs are suing for a value greater than twenty dollars, the defendant has the right of a trial by jury. The $20 in the amendment doesn t seem significant now. 29

30 8TH AMENDMENT: BAIL AND PUNISHMENT No excessive bail No cruel and unusual punishment 30

31 9TH AMENDMENT: RIGHTS RESERVED TO THE STATES The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Allows states to grant more rights than given under the Constitution Issues such as Gay marriage Drinking age Driving age Abortion limitations Contents 31

32 10 TH AMENDMENT: RIGHTS RESERVED TO THE PEOPLE 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. If the federal and state governments do not prohibit something, than the people are allowed to do it. 32

33 12 TH AMENDMENT: Requires members of the electoral college to vote for President and Vice-President on separate ballots. 33

34 CIVIL WAR AMENDMENTS 13 th Amendment: abolished slavery 14 th Amendment: guarantees rights of citizenship, due process and equal protection under the law 15 th Amendment: voting rights for former slaves (African American men) 34

35 LANDMARK SUPREME COURT CASES Rights of the Accused: Mapp v. Ohio, 1961: evidence seized from a person s residence without a search warrant cannot be used in trial- exclusionary rule. 4 th Amendment 35

36 MAPP V. OHIO 36

37 MIRANDA V ARIZONA, 1966 Established the Miranda Rule must be read rights at the time of arrest 5 th Amendment 37

38 MIRANDA V ARIZONA,

39 39

40 GIDEON V. WAINWRIGHT, 1963 You have the right to a court appointed lawyer in criminal cases. 6 th Amendment 40

41 GIDEON V. WAINWRIGHT,