The Bill of Rights by 2ca6u9z

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									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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