Bill of Rights Bill or Rights Essential Questions; What is the purpose of the Bill of Rights? How does each amendment protect liberty? In what ways can the government limit individual rights?
Key Objectives Amendment 1 (Religion) -identify the 5 parts of the first amendment -compare and contrast the two religious clauses -evaluate the differing establishment clause interpretations -interpret violations of the establishment clause by applying government limitations -identify government limitations on free exercise rights
Bill of Rights (First 10 Amendments to Const.) Established to protect individual rights and limit the power of the national government. Added to the constitution to secure passage. (1791) Amendment I - Freedom of Religion, Speech, and Press, Assembly, and Petition Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. A. Religion - Establishment Clause and Free Exercise Clauses ex. School Prayer ex. School Prayer -cannot be endorsed by -the state cannot restrict school the state prayer if non disruptive Does the Constitution say there is a wall between church and state?
The Danbury Letter 1802 "a wall of separation between church and state. What does the phrase mean?
Establishment Clause Interpretations Separationism, which holds that the establishment clause prevents any government endorsement or support of religious establishments. Accommodationism, which holds that the government may support or endorse religious establishments as long as it treats all religions equally and does not show preferential treatment. Preferentialism or Christian Dominionism, which holds that the establishment clause only prevents a literal Church of America from being created and does not prevent the government from explicitly endorsing Christianity.
When does Gov t violate the establishment clause? Gov t action violates the Establishment Clause; If the action is absent of a significant secular purpose If the primary effect of the action is advancing or inhibiting religion If the action is an excessive entanglement between gov t and religion
EXAMPLES: You Be the Judge!! Is this a School Prayer or a violation of the 1 st Amendment? This is recited each day in a Florida School District. We thank you for the flowers so sweet; We thank you for the food we eat; We thank you for the birds that sing; We thank you for everything. Who are we thanking? Is the school endorsing religion? Is this a prayer?
School Prayer? Recited each day in a Florida School District. We thank Allah for the flowers so sweet; We thank Allah for the food we eat; We thank Allah for the birds that sing; We thank Allah for everything. Who are we thanking? Is the school endorsing religion? Is this a prayer? http://www.godallah.com/
Which is in violation of Freedom of Religion?
Is this in violation of the 1st Amendment?
Is this in violation of the Establishment Clause?
What is different about this Pledge of Allegiance? By inserting the certain words, does it violate the Establishment Clause? Should students be lead by an adult other than their parents to pledge an oath to a country with religious reference? Would making a student recite the pledge at left violate your 1 st amendment rights? Barnette vs W. Virgina
Which of these constitute a violation of the establishment clause? http://www.npr.org/player/v2/ mediaplayer.html? action=1&t=1&islist=false&id=126370251 &m=126370195
Which of these is in violation of the establishment clause?
Intellligent Design vs. Creationism? Does one support a national religion or do both?
Judge Roy Moore
Free Exercise Clause When can the state deny your right to Free Exercise? Can you exercise Free Exercise rights in practicing Polygamy? (beliefs vs. practices) Can the state deny unemployment benefits if you refuse to take a job on Saturday due to religious beliefs? (compelling interest) Can the state deny unemployment benefits if you refuse to take a job due to drug use as a religious belief? (if law is religion neutral and applicable to all)
There have been two predominant interpretations of the Free Exercise Clause: The first freedoms interpretation, which holds that Congress may restrict religious activity only if it has a "compelling interest" in doing so. This means that Congress may not, for example, ban the hallucinatory drug peyote (used by some American Indian traditions) because it has no compelling interest. The nondiscrimination interpretation, which holds that Congress may restrict religious activity as long as the intent of the law is not to restrict religious activity. Under this interpretation, Congress can ban peyote as long as the law is not specifically written to target a religious practice.
Recent Free Exercise Cases Beards Vaccinations Obamacare (Hobby Lobby) Animal Sacrifice Kim Davis
Key Objectives Amendment 1 (Speech, Press, and Assembly) -define speech as it pertains to individual rights -identify limitations of free speech and apply limitations to real examples -compare and contrast libel and slander definitions -examine limitations of the right to assemble
Amendment I - Freedom of Religion, Speech, and Press, Assembly, and Petition Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. B. Speech - includes freedom of expression A. Limitations on free speech include: 1. telling lies or false rumors - slander 2. Clear and present danger test -yelling fire in a crowded theater (probable and immediate and imminent that there will be violence) 3. Community standards enforced by local and state police power. (obscenity, lewdness, and indecency laws) 4. Time, Place, and Manner
Does the first amendment limit the Government s ability to regulate indecent exposure or vile speech?
Does the First Amendment disallow the government to punish people who burn flags? Draft Cards?
Free Speech Rights of Students! When may administrators restrict your speech?
Can Administrators limit a students religious speech? Establishment clause vs. Free Exercise/Speech Clause
When is my speech in violation on public grounds? (When can Gov t restrict free speech in the traditional public forum ;sidewalks, versus a limited public forum parks or schools.) http://www.npr.org/player/v2/mediaplayer.html? action=1&t=1&islist=false&id=130379867&m=130384165
Recent Free Speech Cases Violent video games Corporate speech Lying Hate speech Nude dancing
Amendment I - Freedom of Religion, Speech, and Press, Assembly, and Petition Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. C. Press includes electronic media (TV-Radio); to serve as a check on government (Pentagon papers, pornography) a. writing false information to injure is considered libel. b. The same rules for speech apply to the press
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. D. Freedom of Assembly (includes the right to association) a. must be peaceful
Key Objectives Amendment 2 -evaluate the gun rights by dissecting the 2 nd Amendment -compare and contrast Heller vs. Mcdonald court decision in understanding the meaning of the 2 nd Amendment
Amendment II The Right to Keep and Bear Arms 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. What does the wording mean? The Supreme Court has been the final arbiter of its meaning. Why is there a comma after militia? Were the Bill of Rights intended to protect individual rights or states rights? How does Heller differ from Mcdonald?
Would the founders approve of a person s right to a weapon today? 100 round magazine?
Amendment III Quartering No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Key Objectives 4 th Amendment -identify when government can search without a warrant -compare and contrast reasonable suspicion vs. probable cause requirement -evaluate how the expectation of privacy affects warrantless searches -define the exclusionary rule
Amendment IV Illegal Search and Seizure The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 1. Does not forbid search and seizure, it just requires authority to obtain a search warrant or provide probable cause. (fish house inspections, student searches, traffic stops, data mining, cell phones, persons, DUI s..) Exclusionary Rule- Evidence gathered In violation of the Constitution cannot Be used in trial.
Key Objectives Amendment 5 -define gran jury, indictment, due process, eminent domain, double jeopardy, and capital offense -identify what it means to plead the fifth -evaluate the public use clause as it relates to government seizure of private property
Amendment V Due Process No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 1. In order to be tried for a capital offense one must be indicted by a grand jury 2. Plead the Fifth protects one from incriminating oneself 3. Double jeopardy - cannot be tried a second time for the same crime 4. Eminent Domain - property can be taken for the public good but with just compensation (public use clause)
Key Objectives Amendments 6 and 7 -define incorporation and discuss governments responsibility to provide counsel -explain when Miranda rights must be read to individuals -describe the differences between civil and criminal cases
Amendment VI Speedy Trial / Counsel In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. 1. Involves right to speedy, fair trial by jury 2. Provides right to a lawyer by the state even if you cannot afford one (Clarence Gideon)
Amendment VII Trial by Jury In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. 1. Involves right to a trial by jury in Civil Cases 2. What is the difference between a Criminal Case and a Civil Case?
Key Objectives Amendments 8,9, and 10 -define cruel and unusual punishment as it relates to age, mental illness, and capital punishment -list examples of rights not listed in the Bill of Rights that may be protected -define Federalism and provide examples of state rights
Amendment VIII Cruel and Unusual Punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 1. Involves much debated cruel and unusual punishment clause (Death Penalty) 2. Bail money or property given to a court to hold as a guarantee to appear in court Can the state use the death penalty against a person under the age of 18 Can children under 18 be sentenced to life in prison without Parole or is that cruel and unusual punishment? Can the mentally ill be sentenced to death or is that cruel And unusual punishment?
Amendment IX Rights not Listed The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 1. Basically states that people possess rights not listed in constitution
Amendment X States Rights 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. 1. Federalism; sharing of powers (10 commandments; Roy Moore, Abortion, Gay Marriage, wolves, educational services..)