Invaders Elementary by ck4p0w

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									    The Invaders




A Constitutional Rights Activity
What is a right?
Where are our
rights listed?

          The Florida
          Constitution
What is the purpose
 of a Constitution?
• States how the government is
  organized and its functions
• Lists some (but not all) of our rights
• Limits the powers of government
  Who does the
Constitution protect
    us from?
 What are the first 10
amendments to our US
 Constitution called?
Who makes sure our
rights are protected?
       How It Works
Rights are granted by the Constitution, and the
   Constitution is protected by the Courts.




        Granted by           Protected by
Let’s look at some of the
     rights in our US
       Constitution
Freedom of Speech
      Amendment 1
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
 to peaceably assemble, and to petition
     the Government for a redress of
                grievances.
Speech: the communication or expression
        of thoughts to convey a message

         Should speech ever be limited?
FIRE!
Right to Bear Arms
      Amendment 2
A well regulated Militia, being necessary
   to the security of the free State, the
   right of the people to keep and bear
       Arms, shall not be infringed.
When is the use of guns NOT okay?




 Should people even be allowed to use guns?

  What does the 2nd Amendment say about it?
Right to Legal Counsel
      Amendment VI
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 favor, and to have the
  assistance of counsel for his defense.
    Legal Counsel: the right to have a
        lawyer in a criminal trial
                  Gideon v. Wainwright (1963)
Mr. Gideon was charged with a felony but did not have money for a lawyer.
 He felt it was unfair and asked for a free lawyer. The US Supreme Court
agreed that in order to have a fair trial, poor defendants needed a lawyer.
Right to protection from
   cruel and unusual
      punishment
    Amendment VIII
Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel
     and unusual punishments
            inflicted.
 Cruel: knowingly causing pain on
              others
Unusual: not an ordinary amount or
              degree

Back in the 1700s, people received cruel and
 unusual punishment for breaking the law.


What kind of behavior do you think would be
            cruel and unusual?
Freedom of the Press
      Amendment 1
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 to peaceably assemble, and to
 petition the Government for a redress
               of grievances.
 Press: print or broadcast media to
          report the news

Do you think the press should have some
                limits?

              If so, why?
Right to Jury Trial
      Amendment VI
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 favor, and to have the
    assistance of counsel for his defense.
Jury: group of persons selected and
  sworn to give a decision/verdict
   based on facts in a legal case
Jury Trial: a trial with a jury of one’s
                 peers
                         What are the
                        problems with
          What are       having a jury
         benefits of         trial?
        having a jury
            trial?
Freedom of Religion
    Amendment 1
 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 to peaceably
     assemble, and to petition the
      Government for a redress of
                grievances.
  Establishment clause: Congress
may not establish (set up) an official
religion for our country or favor any
       one religion over others
Free exercise clause: Congress may
     not stop you from holding any
 religious beliefs you choose or from
    having no religious beliefs; the
government cannot unfairly limit your
      right to practice your religion
          CHURCH                   STATE




“Wall of separation” between church and state ~Thomas Jefferson
Right to Peaceably
    Assemble
      Amendment 1
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
    to peaceably assemble, and to
  petition the Government for a redress
               of grievances.
  Peaceably: Not violent; calm


Assemble: To bring together or to
     gather in one place
Where do you have the right to assemble?




  Street               Park           Sidewalk

           What are possible limitations?




                         Place              Manner
  Time
 Protection from
Self-Incrimination
          Amendment V
 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.
           I would like to
          plead the Fifth.




Self-incrimination: testifying against
              yourself
Right to protection
from unreasonable
   searches and
     seizures
       Amendment IV
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 of
  affirmation, and particularly describing the
  place to be searched, and the persons or
              things to be seized.
  Search: To go or look through
carefully in order to find something


   Seizure: Taking of an item or
             property
                Important Issues
    Warrants             Probable Cause            Exclusionary Rule
   Warrant: allows
                                                         Prevents the
search and seizure of
                         Enough evidence to            government from
 property, items, etc.
                         believe that an illegal    using evidence at trial
  Police officers who     act is being or has         that was gathered
 want a warrant have          been done.                   illegally.
 to give enough facts
to convince the judge
   there is probable
        cause.


    Exceptions:
  Warrants are not
   always required
  depending on the                                  Fruit of the poisonous
   circumstances.                                             tree

								
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