US History, October 12

Transcription

1 US History, October 12 Entry Task: Electoral College Review: Quick Cartoon Character Election! Announcements: LETTERS - We will hopefully finish on Wednesday (Chromebook cart) Test coming up next Tuesday - Study Guide tomorrow! Today: Bill of Rights BINGO (You ll still learn, I promise) - Why is the Bill of Rights so important to us as individuals?

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5 Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

6 What do the words LIBERAL and CONSERVATIVE mean? org/ideology.htm

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16 Articles of the Constitution

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18 Ratif y strug gle In order for the new Constitution to become the law of the land, 9 of 13 states had to ratify the Constitution Delaware 30 0 Pennsylvania New Jersey 38 0 Georgia 26 0 Connecticut Massachusetts Maryland South Carolina New Hampshire Virginia89 79 New York North Carolina Rhode Island 34 22

19 Ratification wasn t easy Federalists worked hard to convince people in New York via the Federalist Papers (example: checks and balances) George Washington, 1st President, appointed 2 prominent Anti-Federalists to his cabinet Edmund Randolph & TJ James Madison promised that a Bill of Rights would be their first priority

20 First 10 Amendments to the Constitution in 1791 Rights and freedoms won in the Revolution are preserved and protected FREEDOM of Religion, 6. Press, Speech, Assembly, Petition 7. RIGHT TO KEEP AND 8. BEAR ARMS No QUARTERING of 9. soldiers in peacetime NO UNREASONABLE 10. SEARCH and SEIZURE PROTECTION of ACCUSED RIGHT TO A SPEEDY, PUBLIC TRIAL BY JURY TRIAL BY JURY IN CIVIL SUITS NO EXCESSIVE FINES or CRUEL PUNISHMENT POWERS RESERVED TO THE PEOPLE POWERS RESERVED TO THE STATES

21 Bill of Rights BINGO Use your book (p.166) to identify the amendment addressed (either freedom or limitation) and mark off your space. You must be able to briefly describe (see example below). Afraid of not getting BINGO? Write down ALL of them on a piece of paper :) Example: Can you burn a flag as a form of protest? Yes symbolic speech Texas v. Johnson (1989) When you have a BINGO, you must give the # + Letter + Amendment # + Freedom of speech

22 1. Can you yell FIRE in a crowded theater? Not falsely. Schenck v. United States Presented a clear and present danger Brandenburg v. Ohio (1969) imminent lawless action test: gov t can t punish abstract advocacy of force or law violation

23 2. If someone wears a F#@& the draft label on clothing in a courthouse, can they be sentenced to 30 days in jail? No: CA cannot make the simple display of the four letter word a crime - Cohen v. CA (1971)

24 3. Can the police search a house for suspected bomb and gambling materials but find drugs and use that against you in court? No Exclusionary Rule, but Police can use evidence in plain sight or to ensure safety Mapp v. Ohio (1961)

25 3b. A student refuses to leave the auditorium when asked by a teacher. The principal takes a paddle and gives the student 20 hard whacks on the bottom while assistant principals held him down. The student needs medical attention. Ingraham v. Wright (1977) Corporal punishment in schools is not prohibited but IS against a WA state law

26 4. Can Congress pass a federal law that would withhold 10 percent of a state s highway funds if it did not raise its minimum drinking age to 21? Yes. South Dakota v. Dole (1987) National Minimum Drinking Age Act passed in 1984

27 5. Can I print an article that says 2 coaches of prominent teams fixed games? No Libel (written) and Slander must be reckless disregard for truth and set actual malice - Curtis Publishing Co. vs. Butts (1967) if info is recklessly gathered and unchecked - NY Times Co. v. Sullivan (1964) illegal if author lied w/ intent to defame

28 6. A jury finds you innocent of a crime. A judge disagrees. The judge reexamines your case, finds no change in evidence, but declares you guilty instead. Problems? Yes. Reexamination Clause

29 7. Students at LSHS did not get the chicken for the Homecoming game and a riot breaks out. The Governor sends out the National Guard to keep the peace. A group of the National Guard need a place to stay. Do you have to let them in for the night? No.

30 8. Citizens United was barred from releasing a documentary critical of Hillary Clinton 2 weeks before the Democratic candidate was chosen for 2008 election. Was this ok? Citizens United vs. Federal Election Commission (2010) overturned Bipartisan Campaign Reform Act (2002)

31 9. Can police search a home without a warrant if one person gives consent (wife: my husband has drugs) but another (husband: don t come in the house) does not? Georgia v. Randolph (2006) Not without a search warrant.

32 10. A new law is passed by Congress and the President that is meant to reduce illegal gun trafficking for more tracing of handguns and tougher penalties for people who illegally sell guns. People feel this is unconstitutional. What do you think? June 26, 2008, in District of Columbia v. Heller, the Supreme Court ruled 5-4 that the "right to bear arms" is an individual right BUT regulations are allowed.

33 11. Why can I, as an individual citizen, get up in the morning, go to work, eat the foods I want, and pretty much live my life without worrying that I m violating the laws of the Constitution?

34 11b. A person in Federal prison is charged with a Texas crime. 7 years later, the State of Texas had not prosecuted the case. Problem? Smith vs. Hooey (1969) charges were dropped

35 12. If I am accused of cheating on Mrs. Chilson s history test and I m taken to court, do I have to answer all the questions the judge or lawyers ask me even if I think the answer I give might hurt my case? What if I really did cheat? Do I have to say that I did?

36 13. Can New Orleans BAN preaching from Bourbon Street after dark (penalty up to 6 mo. Jail time and $500 fine)? Federal judge temporarily blocked enforcement of the law. Ban was removed (2013)

37 14. A pregnant woman is suspected of cocaine use. Can a hospital test her for drug use and report results to police officials? Ferguson v. City of Charleston (2001)

38 15. A man sells morphine to the same person 3 times within 3 days. Can he be punished for selling drugs to the same person 3x? Yes Blockburger vs. US (1932).? though, about Double Jeopardy

39 15b. Chicago had a ban on possession of handguns. Otis McDonald s home had been broken into 5x. He wanted to buy a handgun to defend his home. Does he have the right to buy one? Yes McDonald v. Chicago (2010)

40 16. A person is convicted of theft associated with the mob. For punishment, they are held subject to extreme torture until they confess to other crimes, and then executed. Problem?

41 17. An American citizen with Asian heritage is a criminal on trial. In jury selection, any Asian potential jurors were excluded because they might be sympathetic. Hernandez v. Texas (1954) If you are the first to find which Amendment was used to declare this unconstitutional, you will get a FREEBIE!

42 18. In 1930, eight black youths were sentenced to death in a hastily carried-out trial without the benefit of a lawyer. In 1932 (Powell v. Alabama), the Supreme Court set aside these convictions. Why?

43 19. Can a courthouse set up a Christmas display - nativity? No Freedom of religion (not without other religions or secular symbols also represented Santa, reindeer) Obama has Christmas tree in White House Everett 10 Commandments deemed part of history, not a religious symbol

44 20. Marijuana is an illegal substance by federal law. Can a California law allow citizens to grow marijuana for personal, medical use? Gonzalez v. Raich (2005)

45 21. Can evidence be used from an undercover informant who refuses to give witness because it would blow their cover? Confrontation Clause Smith vs. Illinois (1968)

46 22. If the police stop you for speeding, can they search your car? They can ask; you can politely refuse. Police must have probable cause.

47 23. Can the army be stationed to stay in your home during wartime? No quartering of troops

48 24. Can you use poisonous snakes in a religious ceremony? Yes/No according to state, 1st Amendment Public safety overrides religious freedom

49 October 18 Writing Objective Why is the Bill of Rights so important to us as individuals? Use 3 specific examples to support your answer.

50 25. Can you pray in schools? -Yes must be student-led and silent; no moments of silence Engel v. Vitale (1962) No loudspeaker at games: Santa Fe Independent School District v. Doe (2000)

51 26. Do you have to learn creationism alongside evolution in school? No. -Can t prohibit evolution Epperson v. Arkansas (1968) -Equal time unconstitutional Edwards vs. Aguillard (1987)

52 , a 12-year old was arrested for burning down stables. He was told to confess but did not. He was then taken to the dungeon where he was shown what would happen to him if he did not confess. If he confessed, he would be well accommodated with fire and food. He was kept in the dungeon for 2 days and confessed. Problem? Yes.

53 28. Can you burn a cross? States may outlaw cross burning as a form of intimidation. Virginia v. Black (2003)

54 29.I have an unflattering document about Joe Biden (VP). Can he stop me from printing this? No gov t cannot use prior restraint unless national security issue Near v. Minnesota (1931) NY Times Co. v. US (1971) Nixon

55 30. A middle school student created his own Web site, which contained derogatory comments about his algebra teacher and the school principal. The site featured a picture of the teacher s head dripping with blood, showed her face morphing into Adolf Hitler, and contained language offering money to find a hit man to kill the teacher. J.S. v. Bethlehem Area School District (Pa. 2002) school officials could punish the student because the student's web site created a substantial disruption of school activities.

56 31. Young Wall Street protesters attempt to march across Brooklyn Bridge and are arrested. Is this their constitutional right? Time, place, and manner. Shut down traffic for several hours; arrested for disorderly conduct.

57 October Writing Objective Why is the Bill of Rights so important to us as individuals? Use 3 specific examples to support your answer.