Download 3.3 - Constitution Debated

Constitution
Debated
Freedom of Speech
-Congress shall make no law…abridging
the freedom of speech
-Regardless of content (usually)
-Freedom of expression
• Covers actions and clothing
-Limitations
-Slander-- Legal term for publicly
telling a false and damaging statement
about someone
• You cannot tell lies about people and
get away with it
-Clear and Present Danger-- Idea
that one’s speech is not free if that
speech could endanger the lives of
people around them
• Schenck vs. United States
Freedom of Religion
-Congress shall make no law respecting
an establishment of religion, or
prohibiting the free exercise thereof
• Must allow every person to believe and
practice their own religions without
harm or punishment
-Establishment Clause-- Statement in
the 1st Amendment that forbids the
gov’t from proclaiming an official
religion
• No official religion in the U.S.
-Separation of Church and State-Famous phrase from a letter by
Thomas Jefferson that discusses his
belief in the role between the
government and religion
• The government cannot be based on
religious ideas (freedom of religion)
-Faith Based Social Welfare Programs
Freedom of the Press
-Congress shall make no law…abridging
the freedom… of the press
• All news is free to publish whatever
they want, as long as it is truth
-Limitations
-Libel-- Legal term for the false and
damaging printing of a statement
about a person
• Cannot print/publish lies about
someone
-National Security
• The press cannot print information
that is threatening to our safety
-Juveniles
• The press cannot print names or
pictures of juveniles without parental
consent
Freedom to Assemble
-Congress shall make no law…abridging
the right of the people peaceably to
assemble
• People are allowed to gather in groups
for whatever lawful purpose
-must be peaceful
• Cannot incite a riot or attack people
violently, must be lawful
-permits may be required
• Might have to get permission first
Freedom to Petition
-Congress shall make no law…abridging
the right of the people … to petition
the government for a redress of
grievances
• Citizens have a right to write to
Congress and ask them for anything
-government is not required to respond
or take action
-simply a request
Right to 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.
• People can own and use weapons
• Highly debated
-gun control laws?
• Should there be tougher rules and
requirements for getting and keeping a
weapon?
-automatic weapons ban?
• Should automatic weapons be taken
off the markets?
-firearm registrations?
• Should all guns be registered with the
state and national government?
4th Amendment
-The right of the people to be secure in
their persons, houses, papers, and
effects, against unreasonable searches
and seizures, shall not be violated…
• Right to privacy in your home
-probable cause
• Government must have a good reason to
search your personal property
-search warrants
-”Patriot Act”
• Search records for suspected terrorism
-modern technology’s ability
“big brother”
• Ability of the federal government to
look into your records and home without
your knowledge
-abortion issues
• Right to privacy?
Cruel and Unusual Punishment
-8th Amendment
-…nor cruel and unusual punishment
inflicted
-legality of the death penalty
• Some consider it cruel and unusual
punishment
• Should it still be used? Reformed?
-juveniles and death penalty
Equal Protection of the Law & Due
Process
-14th Amendment
-nor shall any state deprive any person
of life, liberty, or property, without
due process of law, nor deny to any
person… the equal protection of the
laws.
-disabled persons rights
• Americans with Disabilities Act
-illegal aliens
• Should they be given the same rights
as all other people?