Download Bill of Rights - Solon City Schools

Bill of Rights
Bell Work
• What is the Bill of Rights?
• Are rights absolute - are you free to act how
you want without any limitations- or are there
limitations on your rights?
• If there are limitations, what are some of the
limitations?
• List Amendments 1-10 (see how many you can
remember)
Bill of Rights
• 1st 10 amendments to the Constitution
• Sets forth civil liberties (guaranteed basic
rights and freedoms) and civil rights (freedom
from unequal treatment)
Bill of rights
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1– 5 freedoms
2 – Bear Arms
3 – No Quartering Soldiers
4 – no unreasonable search and seizure
5 – No self incrimination – “I plead the 5th”
6 – Trial Amendment (speedy, jury, attorney)
7 – Trial in Civil Cases
8 – Punishment Amendment (cruel and unusual, bail)
9 – Individual Rights Amendment
10 – States Amendment
1st Amendment
• Freedom of Religion
– Establishment clause
– Free exercise clause
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Freedom of speech
Freedom of press
Freedom of assemble
Freedom to petition
Freedom of Religion
• Establishment Clause - Prohibits the government
from creating a national religion and , can’t pass
laws that help one religion over another, provides
for the separation of Church and State
• Free Exercise Clause – the right to practice your
own religion
– Belief is absolute, ability to act on that is not
• Can believe anything you want, but to practice something, it
must be within the law.
Press
• Prior Restraint
– Censorship that takes place before an
article/book is actually written
– Unconstitutional except in certain circumstances
such as national security
– Example: publishing troop movements in Afghanistan
Illegal Speech
• Clear and present danger – words
that distress or incite violence
• Yelling fire in a crowded movie theater
when there is none
• Libel – written speech that harms a
reputation
• Slander – spoken speech that harms
a reputation
• Obscenity
• Miller Test
– Using contemporary standards is considered
obscene
– Clearly offensive to the public
– lacks serious literary, artistic, political, or
scientific value
Legal Speech
• Symbolic Speech – actions that convey a
particular message or statement
– Flag waving, demonstrations, protests buttons, sitins
1st Amendment Cases
• Bethel v. Frazier
– Facts: Frazier gave a symbolically vulgar
speech at school and was suspended from
school and banned from speaking at graduation
– Ruling: Prohibits sexually vulgar speech at
school
– Limits Right of free speech
– How: Free speech is not absolute – sexually
vulgar symbolic speech is prohibited in schools
1st Amendment Cases
• Tinker v. Des Moines
– Facts: Tinkers wore armbands to school
symbolizing objections to government’s role in
Vietnam War
– Ruling: Symbolic Political speech/statements are
protected
– Expands Right of free speech
– How: Symbolic speech, political in nature is
protected
2nd Amendment
• Controversy - balancing right to bear arms
against the need for public safety
– Right to own a weapon for protection
– The danger to the public caused by guns
Due Process
–Due process – the rules and
procedures that all government
employees (police, lawyers, judges,
any public official) must follow when
dealing with someone accused of a
crime, so that everyone is treated
fairly .
–Protects an individuals legal rights
Intention
– Founding Fathers wanted to insure that a
large government would NOT abuse its
power
• Had seen abuse of power under King George
III
– Protect individual rights and freedoms
– Found in the Bill of Rights in Amendments
4, 5, 6, 8, or the 14th Amendment and
Supreme Court Cases
4th Amendment
• Secure in their persons…
– People, their homes, papers, and personal items are considered
private
• Unreasonable …
– Searches of the above items cant be arbitrary, or unreasonable
• If most of society believes that a person would expect privacy, then police can’t
search
• Warrant
– Permission from a judge to perform the search
• Must justify search and specify people and places to be searched
• Probable Cause
– Possess sufficient trustworthy facts to believe a crime has been
committed
– “More Likely than not.
• Reasonable Suspicion
– More than a hunch, enough justification to briefly stop or detain
someone or in some cases search
Due Process Amendments
• 4th – no unreasonable search and seizure
NJ v. TLO, Mapp v. Ohio
• 5th – right to Grand Jury, No Double Jeopardy
or Self Incrimination, Eminent Domain
– Miranda v. Arizona,
• 6th – right to Speedy and public trial, Impartial
jury, Confront witnesses, right to an attorney,
told of accusations
• Miranda v. Arizona
• Gitlow v. Wainright
Mapp v. Ohio - 4th Amendment
• Mapp – Woman’s home was searched when Cleveland
police officers came to her home and demanded
entrance to search for a fugitive without a warrant.
– found obscene books, pictures, and photographs.
• Ruling – Exclusionary Rule – evidence obtained illegally
(not following rules and procedures, cant be used as
evidence
– Unreasonable searches and seizer (no warrant)
– Not given Miranda Rights – advised of right to remain silent
and right to an attorney
• Forced to confess
• Attorney not Granted
• Think Pair Share
– Discuss the advantages to the accused and
disadvantages to the government
• Government officials can’t abuse powers
• Criminals can go free
New Jersey v. TLO
4th Amendment
• Case: 14 year old accused of smoking in bathroom.
Principal searched purse & found marijuana.
• Ruling – Not a violation of 4th Amendment
– Presence of marijuana papers gave rise to a “reasonable
suspicion” that she may have been carrying marijuana
• Reasonable Suspicion is threshold for searches in
school cases
– Not sure, most likely that a crime has been committed
• Expanded governments power in school cases
• Think/pair/share
– Discuss the advantages to the government and
disadvantages to the accused
Amendments 5-8
• Focus on due process
• Limit the power of the government by
protecting individual rights
*Guarantees fair treatment of individuals
before the law
5th Amendment
What it says…
Indictment of a Grand
Jury
Twice put in jeopardy
Compelled to be a
witness
Private property taken
for public use without
just compensation
What it means…
Must formally be charged of a
crime before trial can begin
Can’t be tried for the same crime
twice –if found not guilty, can’t be
retried
“I plead the 5th” –Freedom from
self-incrimination - don’t have to
make a statement that could
incriminate you
Imminent Domain - Gov’t has the
right to take your property if they
pay you fairly for it
Miranda Rights
• “You have the right to remain silent. Anything
you say can and will be used against you in a
court of law. You have a right to an attorney. If
you cannot afford an attorney, one will be
appointed for you.”
• What rights are protected?
– Self incrimination
– Right to an attorney
Miranda v. Arizona – suspect was arrested
for kidnapping and rape; suspect
confessed to the crime; suspect later
claims that he didn’t know that he had
the right to freedom from selfincrimination….Supreme Court rules in his
favor
Result: upon arrest, police officers must
make suspect aware of rights – “Miranda
Warning”
Think pair share – Does this case limit or
expand the rights of the accused?
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6
Amendment
What it says…
What it means…
Right to a speedy and public Speedy and public - Must be
trial, by an impartial jury
brought to trial quickly, trial
must be public—no
closed/secret courtrooms
Be confronted with the
witness against him
Have assistance of Counsel
for his defense
Impartial jury – no bias. No
prior knowledge of the case
Can cross examine witnesses
Right to an attorney
Gideon v. Wainright
6th Amendment
• Case: Gideon was charged with a felony for
breaking into a poolroom. He was poor and
couldn’t afford an attorney. Florida law did not
allow for appointed attorney’s except in a capital
murder trial
• Ruling: Courts must provide an attorney to
defendants who can’t afford their own
• How does this case expand the rights of the
individual?
7th and 8th Amendments
• Seventh Amendment
• In a civil (as opposed to criminal) lawsuit, an individual
is entitled to a jury trial so long as the suit is for an
amount of at least $20.
– Civil lawsuits are typically about contracts, damage to
property or someone getting hurt, physically or financially
• Eighth Amendment
• Excessive bail shall not be required, nor excessive fines
imposed, nor cruel or unusual punishment inflicted.
Roper v. Simmons
8th Amendment
• Case – Christopher Simmons, 17, planned to
rob and murder (premeditated) Shirley Crook,
tying her up and tossing her off a bridge
• Ruling: Standards of decency have evolved so
that executing a minor is “cruel and unusual”
punishment
Amendments 9-12
• 9th – individual rights not listed, are still individual
rights
• 10th – powers not specifically listed in Constitution are
“reserved” for the States
– What Basic Principle?
• Federalism
• 11th – federal courts can hear cases between an
individual and a state
• 12th – Changed procedure for electing President and
VP, now they run together on a “ticket” instead of 1st
most popular (Pres) and 2nd most popular (VP) being
elected
13th Amendment
• “Neither slavery nor
involuntary servitude,
except as a punishment
for crime whereof the
party shall have been
duly convicted, shall exist
within the United States,
or any place subject to
their jurisdiction”
– Eliminates slavery in
the United States
14th Amendment
• CAUSE – PASSED TO PROTECT RIGHTS OF NEWLY
FREED SLAVES
• EFFECT: SOUTH’S RESPONDS TO 13,14,15TH
AMEND WITH
– Jim Crow Laws
• Laws that made segregation legal
• Used primarily in southern states
• Separate facilities for both public and private
items
– Schools
– Transportation
– Water Fountains
– Parks
– Military Units
14th Amendment
• 4 MAJOR PARTS
SECTION 1.
• 1)All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of
the United States and of the state wherein they reside.
2)No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the
United States; nor shall 3)any state deprive any person
of life, liberty, or property, without due process of law;
nor 4)deny to any person within its jurisdiction the
equal protection of the laws.
14th Amendment
Due Process Clause
Equal Protection Clause
• No person can have their life
liberty or process taken away
without being treated fairly
when accused of a crime
• ALL Americans granted the
same legal protections and
treated the same in the
eyes of the law
14th Amendment
Incorporation Clause
• All states must follow the
Constitution’s Bill of Rights.
federal rulings and
legislations
Citizenship Clause
• If you are born in the United
States or go through the legal
process to become a citizen,
then you are a U.S. citizen
Historical Implications and
Applications
• Plessy v. Ferguson (1896)
– Homer Plessy – arrested for sitting in the “White”
section of a train car
– Appealed to the Supreme Court using 14th
Amendment
– Supreme Court ruled that “Separate but Equal
Facilities” are permissible
• Legalized segregation and Jim Crow Laws (Segregation) in
the South which were enacted AFTER the passage of the 13,
14, 15th Amendments
Equal protection
– Plessy concerned the _____________________clause
of the 14th Amendment
Historical Implications and
Applications
• Brown v. Board of Education of Topeka, Kansas
(1954)
– Linda Brown walked 1 mile to a black school when a
white school was near her home
– Challenged the “Separate but Equal” doctrine
approved in Plessy decision
– “Separate educational facilities are inherently
unequal. . .“ – Chief Justice Earl Warren
– Brown v Boe concerned with the Equal Protection
clause of the 14th Amendment
Roe v. Wade
• Case: Jane Roe –Roe sought to terminate her
pregnancy by abortion
– Texas law prohibited it unless woman’s life threatened
• Ruling: abortions violated a women’s “right to privacy”
• Concerned with the 14th Amendment’s
Due Process
______________________Clause
(4th Amendment
right to privacy) and the 9th amendment – individual
rights not listed are still rights
14th Amendment
• Bakke v. California
• Case: Allan Bakke, a thirty-five-year-old white man,
had twice applied and was rejected for admission to
the University of California Medical School at Davis.
The school reserved sixteen places in each entering
class of one hundred for "qualified" minorities, as part
of the university's affirmative action program
• Concerned with the Equal Protection clause of the
14th Amendment
• Ruling
– Racial quota’s violate the equal protection clause
– Racial quotas were discriminatory towards white males
– Racial quotas can turn away more qualified candidates
Gideon v. Wainright
Incorporation Clause
• Concerned with the ___________________
clause of the 14th Amendment and the _____
6th
Amendment in the Bill of Rights
Baker v. Carr
• Facts
– Baker claimed Tennessee hadn’t redistrict
since 1901 to account for changes in
population
– Urban areas had grown at a much faster
rate than rural areas
– Did the Supreme Court have the right to
hear cases regarding apportionment (a
political issue)
• Constitutional issue/Amendment
– 14th – Equal protection
– Congressional Apportionment
– Popular Sovereignty
• Ruling
– Tennessee in violation of the 14th’s
amendment equal protection clause
• Importance
– Supreme Court can hear cases regarding
Congressional Apportionment
• Facts
Reynolds vs Sims
– Alabama’s districts hadn’t apportionment
from 1900
– Urban areas had grown disproportionately to
rural areas, diluting their votes
• Constitutional Issue
– 14th Amendment – Equal Protection
– Apportionment
– Popular Sovereignty
• Ruling
– Alabama’s redistricting does violate EQUAL
protection
– States must make efforts to make districts as
equal in population as possible
• Importance
– The right to an equal vote helps ensure
liberty and equality
15th Amendment
• “The right of citizens of the United States to
vote shall not be denied or abridged by the
United States or by any state on account of
race, color, or previous condition of
servitude.”
• Grants ALL American citizens the right to vote
• Circumvented by many states for decades
– Poll Taxes
– Literacy Tests
– Grandfather Clauses
Historical Implications and
Applications
• Voting Rights Act of 1965
– Sec. 2 – “No voting qualification or prerequisite to
voting…shall be imposed or applied by any State or
political subdivision to deny or abridge the right of any
citizen of the United States to vote on account of race or
color”
– Sec. 4 – “…no citizen shall be denied the right to vote in
any Federal, State, or local election because of his failure
to comply with any test or device in any State…”
• Demonstration of ability to read, write, understand or interpret
any matter
• Educational achievement or knowledge of a particular subject
• Possess good moral character
• Prove his qualifications
Historical Implications and
Applications
• Voting Rights Act of 1965
(con’t)
– Sec. 10 – “…the
requirement of the
payment of a poll
tax…precludes persons of
limited means from
voting…does not bear a
reasonable
relationship…in the
conduct of voting…and in
some areas has the
purpose or effect of
denying persons the right
to vote because of race or
color…”
Voting Amendments
• 24th Amendment – eliminated poll taxes
• Poll taxes were deemed Constitutional in 1937
• In 1962 4 States still had Poll Taxes
Bill of Rights
• FASS DATERS
1.
Freedoms (GRAPES)
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2.
3.
4.
5.
GRIEVANCES
RELIGION NO ESTABLISHMENT
ASSEMBLE
PRESS
EXERCISE RELIGION
SPEACH
ARMS
SOLDIER QUARTERING
SEARCH AND SEIZURE
DOUBLE JEOPARDY, DON’T HAVE TO TESTIFY, DOMAIN (EMINENT), DUE
PROCESS
6.
ATTORNEY AND FAIR AND SPEEDY TRIAL
7. TRIAL BY JURY
8.
EXCESSIVE BAIL
9.
RIGHTS OF THE PEOPLE
10. STATES RIGHTS
Kelo v. City of New London
5th Amendment
• Case: New London used eminent domain
authority to take private property and sell it to
private developers
• Ruling: OK to take private land for a public
purpose (economic development)
1st Amendment
• “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”
• Which rights are stated in the 1st
Amendment?
Terry v. Ohio
4th Amendment
• Case – Terry was stopped and searched by
police after an officer saw him acting
suspiciously. Concealed weapon was found on
Terry.
• Ruling – Search was reasonable
– May perform search without a warrant or without
probable cause if police officer reasonably
believes the person may be armed and dangerous
Reasonable Suspicion v. Probable Cause
Reasonable Suspicion
Probable Cause
Enough knowledge to lead a reasonably
cautious person to believe that criminal
activity is taking place and person has
some part in it.
Need Less evidence
Possess sufficient, trustworthy facts to
believe a person has committed a crime
Examples:
Person matches the description of the
person who committed the crime
Example:
Contraband in plain view
Statement of admission
Tip from a reliable source
Broken tail light, speeding, expired
registration is NOT probable cause and
you CAN refuse a search
Person carrying around a hanger and
looking in cars
Need More evidence
Kyllo v. U.S.
4th Amendment
• Kyllo – growing marijuana plants, police used
infrared tech to obtain a warrant
• Ruling: Unreasonable search and seizure
– Expectation of privacy – search provided information
about homes interior that couldn’t have been
obtained without a physical intrusion
• Limit or Strengthen Governments Power?
– Limited
• Think/Pair/Share - What are the advantages for
the accused and the disadvantages for the
government?
Entrance Slip
1. What is due process?
2. What is the Exclusionary rule?
3. How did the exclusionary rule apply to MAPP v. Ohio
4. What is the advantage does due process have for the
accused?
5. What disadvantage does due process create for law
enforcement?
Example
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The police are investigating a burglary. Of particular interest is a missing
watch. An officer happens to see the victim's neighbor, Lisa, throw a watch into
the trash can next to her house. "Stupid thing doesn't even work," Lisa shouts
within earshot of the police.
An officer wants to examine the discarded watch, but reasonably concludes that it
is within the curtilage of Lisa's house. After all, the trash can sits next to Lisa's
house behind a short picket fence, with a sign saying that the garbage is off limits
to the public. Rummaging through Lisa's trash now would most likely violate the
Fourth Amendment.
Not willing to risk that any evidence will be suppressed under the exclusionary
rule, the police officer obtains a search warrant. In his affidavit, the officer attests
to the following facts: a burglary took place, a watch was taken, and next day, the
victim's neighbor placed a watch into her trash can while saying that it "doesn't
even work." Seeing probable cause that a crime was committed and that the
evidence is in Lisa's trash can, a magistrate judge grants a warrant to search Lisa's
trash can.
The watch is the same one that was stolen from the victim's home.
Can the watch be admitted as evidence?
The Exclusionary Rule
• Exclusionary Rule - Prevents the government from
using evidence that was collected in violation of the US
Constitution
– Evidence from an unreasonable search/seizure (4th Am)
• Also applies to situations in which due process was
violated
– Self-incriminating statements obtained illegally (5th Am)
– Denial of right to counsel (6th Am)
• Think pare share
– How does the expand the rights of the accused?
– How does it limit law enforcement?