The Bill of Rights Chapter 6 Pages 158 - 179 Vocabulary • English Bill of Rights ~ 1689 • “clear and present danger” • Magna Carta ~ 1215 • Self-incrimination • Federalists • Double jeopardy • Anti-Federalists • NRA • Amendment • “due process” • Ratify • Deterrent • Slander • Warrant • Libel • Eminent domain • “probable cause” • impartial • Criminal trial • Civil trial Review: Why do we have a Bill of Rights? • English Bill of • Anti-Federalists wanted a Bill of Rights added to Rights 1689 the Constitution – All British citizens’ – Patrick Henry believed the rights were guaranteed rights of the people need to be listed so the government whether or not they couldn’t take them away owned property (recall: – Anti-Federalists Magna Carta 1215 compromised with the Federalists only guaranteed the • Federalists promised a Bill rights of property of Rights would be added owners) to the Constitution if the Anti-Federalists supported its ratification. The Bill of Rights • First 10 Amendments • Your rights end when (additions) to the they infringe/intrude Constitution in 1791 on the rights of others – Amendments must be ratified by ¾ of the states (38/50) – Amendments may be proposed by either the states or Congress The Bill of Rights • 1st Amendment: Guarantees • 6th Amendment: Guarantees the freedom of religion, speech and of right to a trial by jury in criminal the press; the right to assemble cases. peacefully, and the right to petition • 7th Amendment: Guarantees the the government. right to a trial by jury in most civil • 2nd Amendment: Protects the right cases. to possess firearms. • 8th Amendment: Prohibits • 3rd Amendment: Declares that the excessive bail, fines, and government may not require people punishments. to house soldiers during peacetime. • 9th Amendment: Declares that • 4th Amendment: Protects people rights not mentioned in the from unreasonable searches and Constitution belong to the people. seizures. • 10th Amendment: Declares that • 5th Amendment: Guarantees that powers not given to the federal no one may be deprived of life, government belong to the states or liberty, or property without due to the people. process of law. 1st Amendment • Separation of church and state – Government will be separate from religion • Freedom of – Americans can choose any or no religion they wish speech, press, • Freedom of expression through speech or religion; press – Even if it criticizes government leaders Freedom to – Allowed to make fun of the government (SNL, assemble South Park, Adventures of Little Bush) – Allowed to disagree with the government and peacefully, tell others about it and right to • Freedom to protest peacefully petition the • Freedom to sue or petition the government – Ask government to change a law, make a new government law by sending an e-mail, collecting signatures (an actual petition) etc. 1st Amendment Limits • Participating in a religious • Disrupting daily life of group that makes human others by protesting sacrifices, disrupts daily life for (stopping traffic, not others, or breaks any other laws allowing people to go • Making threats against the about their daily business, government, government being a danger to others) leaders, or other citizens that • Slander – pose “clear and present knowingly/intentionally danger” say something false about – Yelling “fire” in a movie theater or “bomb” on an airplane a person for malicious/hurtful reasons • Harassment (libel is the written version – Unwelcome or unwanted of slander) behaviors (verbal) Tinker vs. Des Moines (1969) • John & Mary Beth Tinker • The Tinkers sued the school wore black arm bands to district for violation of their school in order to First Amendment right to demonstrate their feelings freedom of against the Vietnam War speech/expression. even though they knew it • The Federal District Court was against school rules. ruled that the Tinkers were • The school asked the disruptive to the learning Tinkers to remove their environment and sided with armbands. Tinkers the school district. refused. • The Tinkers appealed to the • The Tinkers were Supreme Court. suspended from school until they agreed to not wear their armbands. Tinker vs. Des Moines (1969) • The Supreme Court sided with • Students do not surrender their the Tinkers (7-2) and reversed First Amendment rights while the decision of the district court. attending school as long as they • The Supreme Court did not don’t disrupt the learning believe that the Tinkers caused environment. disruption to the learning • This case defined the environment by wearing the constitutional rights of black armbands. students in public schools. • The “Tinker Test” is still used today when determining whether a student’s First Amendment rights in school were violated. Engel vs. Vitale (1962) • Students in New Hyde • Families in the district sued Park, NY recited the because the prayer violated the following prayer together First Amendment/the separation every morning in their of church and state public school: • The Supreme Court ruled (6-1) – “Almighty God, we that the prayer said in the acknowledge our school was unconstitutional. dependence on Thee, and • In addition the Supreme Court we beg Thy blessings upon stated that it was us, our parents, our unconstitutional for public teachers and our country. schools to compose an official Amen” school prayer and require its – Students were not required recitation. to recite the prayer 2nd Amendment • Should teachers carry • The right to keep guns? and bear arms • Should there be – Why do you think this restrictions on what kinds Amendment was of guns citizens can have? necessary in 1791? • Should anybody be able to – Do you think we have own a gun even if they the same needs in intend to harm someone? 2009? • Would criminals who intend to cause harm still be able to get guns even if they were illegal? 2 nd Amendment Debate • Interest Groups: • Recent Supreme Court decision: – Pennsylvania Gun – District of Colombia vs. Heller Control Laws (2008) • http://www.pafoa.or • Landmark court case g/law • Supreme Court upheld – National Rifle citizen’s rights to possess a Association firearm for private use in a • http://www.nra.org/ (5-4) decision – Brady Center to – Overturned a DC law Prevent Gun Violence that restricted residents • http://www.bradyce from owning handguns nter.org/ler/leg/leaa. except those that were php purchased before 1975 3rd Amendment • Protection from quartering troops during a time of peace 4th Amendment • Protection from • A person’s home unreasonable searches cannot be broken in and seizures and searched without a warrant • A person cannot be arrested unless there is reason to believe a crime has been committed – “probable cause” Katz vs. United States (1967) • Charles Katz was • The recorded conversations convicted of illegal were used against Katz in gambling in California. order to convict him. • He had used a public pay • Katz appealed his conviction phone to place 2 bets. because he believed the use • Katz did not know that the of the recorded conversations FBI had recorded his against him violated his conversations by placing protection from an electronic “unreasonable searches and eavesdropping device seizures.” outside the phone booth • The court of appeals sided without a warrant. with the FBI because there was not a physical intrusion into the telephone booth Katz vs. United States (1967) • Katz appealed to the Supreme – The decision of the Court Supreme Court • The Supreme Court decided extended the 4th that Katz (7-1) expected his Amendment beyond conversation to remain private in the telephone & the wiretap physical intrusions, constituted an unreasonable now including words. seizure. – 4th Amendment now • The court also stated that the 4th included a persons Amendment protects people not places whether or not there is “expectation of physical intrusion into an area. privacy” not just • A warrant is required for the defined property limits. government to wiretap a conversation. Terry vs. Ohio (1968) • A police officer saw two men • The police officer acting suspiciously by walking believed the men were back and forth in front of a convenience store (one of planning to “hold up” these men is “Terry”) the convenience store. • 5 or 6 times a piece the men • The officer followed walked by the convenience store, looking into the the two men, where he windows. After each time they saw the men meet up had a brief conversation. with the third man on • Eventually a third man joined the street corner. the two other men. He left swiftly after a brief conversation. A few moments later the 2 men followed him. Terry vs. Ohio (1968) • The officer approached them • The police officer took off men and identified himself as “Terry’s” coat and retrieved the a police officer, and asked pistol. He then forced all 3 men against the wall with their their names. hands up. The police office • The men started to mumble proceeded to pat down and amongst themselves. search all 3 men. • The police officer spun – One of the other men also had a pistol in his jacket, around “Terry” and patted the other man did not have down (frisked) the outside of a weapon. Terry’s jacket and felt a • Terry and the other man were pistol. He was unable to convicted of carrying a retrieve the pistol so he concealed weapon forced all 3 men inside the – (just like Plaxico Burress) store. Terry vs. Ohio (1968) • Terry’s defense tried to • Terry appealed to the Ohio get the weapons thrown Supreme Court. The court out as evidence since they dismissed the case argued the seizure of the because no constitutional gun violated Terry’s 4th question existed. Amendment rights. • Terry appealed to the • Terry was found guilty of Supreme Court. carrying a concealed weapon. Terry vs. Ohio (1968) • The Supreme Court decided • Police stops/on the surface (8-1): frisks based on reasonable – The search of Terry and suspicion are now referred the seizure of Terry’s to as “Terry stops.” concealed weapon was • Police may conduct a reasonable. “Terry stop” for their own – Police Officers need to protection if they have protect themselves when reason to believe someone citizens demonstrate is armed. suspicious behavior. – The admission of the gun as evidence in Terry’s trial was acceptable because it was found during a reasonable search. Vernonia School District vs. Acton (2002) • The Oregon school district noticed • The district instituted a drug a significant rise in students drug testing policy for athletes. use. Disciplinary problems Athletes were tested at the continued to rise in number and beginning of the season and severity. chosen at random throughout • Student athletes were the leaders the season. of the school’s drug culture • If an athlete tested positive they • The district tried multiple had to go to counseling and programs to deter drug use. They undergo weekly testing, or sit brought in speakers, counselors, out for the remainder of the and drug sniffing dogs. The season. The information was problem continued. not released to the public or law • The district parent organization enforcement authorities. suggested drug testing of student • Student athletes sued the school athletes. The district supported this district for violation of their 4th idea. Amendment rights. Vernonia School District vs. Acton (2002) • Testing all athletes • The Supreme Court decided (6-3): When special needs arise eliminates the need for a warrant is not required for a probable cause and search. Special needs exist in a suspicion. school because order must be • Public School Districts maintained. – Locker, car trunk, book bag require students to and person may be searched undergo other testing such • The school district is as sports physicals, vision, conducting the drug testing in hearing and have proper order to deter negative student vaccinations. behaviors and reinforce positive behaviors. • Random drug testing • The district is only testing for athletes is not a violation drugs. of students’ 4th Amendment rights. 5th Amendment • Right to “due process” • Protection from self- – Or all the aspects of a fair incrimination trial – “ I plead the 5th” • Protection from double – Miranda Rights jeopardy • “You have the right to – Being tried for the same remain silent…..” crime twice • Private property rights – Eminent domain • The superior power government can exert over private property • Building of a highway – just compensation must be given to property owners Miranda vs. Arizona (1966) • Ernesto Miranda was a poor Mexican • “You have the right to immigrant who lived in Arizona. In 1963 remain silent and refuse a woman was kidnapped and raped. In a police lineup the victim identified to answer questions. Miranda as the suspect. Anything you do say may • Miranda was arrested, charged with the be used against you in a crimes, and questioned by the police for 2 court of law. You have the hours. Miranda confessed to the crime in right to consult an writing. Miranda was not informed of his attorney before speaking 5th or 6th Amendment rights. Miranda’s to the police and to have confession was used against him in court. He was convicted of the crime and an attorney present sentenced to 20-30 years in prison. during questioning now • Miranda appealed all the way to the or in the future. If you Supreme Court. The Supreme Court ruled cannot afford an attorney, 7-2 that while conducting an arrest the one will be appointed for police must inform all suspects of their you before any right to remain silent (5th) and their right to an attorney (6th). questioning if you wish…….” 6th Amendment • Right to a trial by an • Why should a jury be impartial jury (criminal impartial? trial) • Why should a defendant • Right to a speedy and be guaranteed the right to public trial a speedy & public trial? • Right to an attorney • Why is the right to an – If defendant cannot afford attorney important? one the government must appoint one – Right to an effective defense does not guarantee a successful defense 7 th Amendment • Right to a civil trial by jury if the controversy “exceeds $20.00.” – Usually does not apply to state courts, usually only federal courts. 8 th Amendment • Protection from • Protection from cruel excessive bail and unusual – Bail cannot be punishment excessive so only the – What is “cruel and rich can afford it unusual punishment?” – When the defendant • Public hanging poses a risk of fleeing • Tar & feathered or a danger to society • Death penalty?????? bail does not have to be offered The Death Penalty aka Capital Punishment • Furman vs. Georgia • Gregg vs. Georgia (1972) (1976) – Supreme Court ruled – Supreme Court ruled (5-4) that the death (7-2) that Georgia had penalty was illegal. established a fair two- – Punishment was being part trial system before given too randomly, a defendant could mostly to African receive the death Americans in the South penalty. who killed white – If states want to use the people. death penalty they need to develop a two-part trial like Georgia’s. What states have decided the death penalty is considered “cruel & unusual punishment”? • Alaska • New Mexico* – *just abolished the death penalty • Hawaii 3/18/09 • New York • Iowa • North Dakota • Maine • Rhode Island • Massachusetts • Vermont • Michigan • West Virginia • Minnesota • Wisconsin • New Jersey • Washington D.C. • (15/50) = 30% What forms of execution are allowed? • Forms of execution differ • Some states have the from state to state. following options: • All 35 states that do not electrocution, gas consider the death penalty chamber, hanging, and to be cruel and unusual firing squad. punishment offer the • The death row inmate gets option of lethal injection. to choose their form of execution if more than one option (besides lethal injection) exists. Who is not allowed to be executed? • Juveniles (under the • Mentally Retarded age of 17) – Atkins vs. Virginia – Roper vs. Simmons (2002) (2005) Is the death penalty more expensive than life in prison without parole? • Yes! • 2005 California Statistics (from http://deathpenalty.org) • Legal fees for the death penalty are VERY expensive. • The California death penalty system costs • Most defendants cannot afford taxpayers more than $114 million a year their own lawyers so the state beyond the cost of simply keeping the convicts locked up for life. (This figure must pay for it. does not take into account additional court • The appeals process is very costs for post-conviction hearings in state lengthy, requiring much legal and federal courts, estimated to exceed several million dollars.) assistance and wracking up legal costs. • It costs approximately $90,000 more a year • The majority of defendants who to house an inmate on death row, than in receive the death penalty will the general prison population or $57.5 million annually. continue to appeal their punishment while on death row. • The study concludes that the enhanced cost – Must pay for their legal fees of trying a death penalty case is at least in addition to incarceration $1.25 million more than trying a comparable murder case resulting in a sentence of life in prison without parole. What other countries use the death penalty? • http://en.wikipedia.org/wiki/Use_of_capital _punishment_by_nation What crimes are eligible for the death penalty? • Must be 1st degree • 2nd degree murder murder – Impulsive random act – Premeditated of violence • Planned/thought-out the • Argument or fist fight murder, then carried-out ends up in a murder the murder • 3rd degree murder = manslaughter – Accidental murder • Drunk driving and kill somebody How does the jury decide? (must be 100% unanimous decision) • Mitigating Circumstances • Aggravating – Reasons why someone Circumstances deserves life in prison – Reasons why someone opposed to the death deserves death over life penalty in prison • Person was under the influence of drugs • Multiple victims • Extreme stress • Robbery & murder/murder and rape • 1st offense (multiple offenses • Insanity/mentally retarded during the crime) – Character witnesses • Show total disregard for human life Does the death penalty serve as a deterrent? • Does the fear of receiving the death penalty actually stop (or deter) people from committing murder? 9 th Amendment • Protection of rights • People cannot be not specifically denied or have other enumerated (listed) in rights taken away the Bill of Rights. from them just because the Constitution doesn’t list all of their rights. 10 th Amendment • Any powers not • Included in order to specifically given to preserve the power the Federal between the federal Government or and state governments specifically denied to the states by the Constitution, belong to the states or to the people. Additional Amendments • 11th Amendment: (1793) Supreme Court shall not interfere in a lawsuit when someone from another state or country • 21st Amendment: (1933) Repealed Prohibition (the sues a state. 18th Amendment.) Alcohol was once again legal. • 12th Amendment: (1804) Established the current electoral • 22nd Amendment: (1951) Put a limit on how many 2 college system. Electors cast their votes for offices year terms a president can serve. May serve 2 terms (President & VP) individually. If there is a tie in the or 10 years (if VP takes over mid-way through a electoral college the House picks the President and the term.) Senate picks the Vice President. • 23rd Amendment: (1961) Gave Washington DC 3 • 13th Amendment: (1865) Abolished slavery. electoral votes. • 14th Amendment: (1865) All citizens are guaranteed equal • 24th Amendment: (1964) Abolished poll taxes. A protection under the law. fee to vote for low-income Americans was is no • 15th Amendment: (1870) African American men received longer allowed. the right to vote. • 25th Amendment: (1967) If the Vice-President • 16th Amendment: (1913) Federal government can collect succeeds to the Presidency he will appoint a new income tax without permission from the states. Vice-President. This new Vice-President must be • 17th Amendment: (1913) Senators will be elected directly approved by both the House & Senate. Eliminated by the people, no longer elected by the state legislatures. the potential for Vice-Presidential vacancy. • 18th Amendment: (1919) Alcoholic beverages are • 26th Amendment: (1971) Changed the voting age prohibited. (Beginning of Prohibition) from 21 to 18. • 19th Amendment: (1920) Women receive the right to vote. • 27th Amendment: (1992) Congress can only give themselves a pay raise after an election has taken • 20th Amendment: (1933) Changed Presidential place. Inauguration from April 4th to January 20th in order to avoid “lame duck presidents.” Shortened the time between election and beginning of a new Congress (January 3rd.) Established that if the President-Elect dies, the Vice President-Elect become President. If neither are able to carry out the duties Congress selects the President.
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