The Bill of Rights The First 10 Amendments

The Bill of Rights The First 10 Amendments 1791

Pick One • Topic: First Amendment • Which one of the five freedoms in the 1 st Amendment is the most important? – Be prepared to share your reason why it is the most important with the class. • Go to that sign and be prepared to defend your choice. • Feel free to move to another sign if you change your mind.

1: The Five Freedoms • Speech – Not protected if you pose a threat or danger. – Public Property: Private Property can restrict speech. • Press – Censorship: not allowing distribution to certain people/groups. • Religion – Has to be legal. • Assembly – Public Property: Private meetings must be on private property. • Petition – Must be peaceful.

How do you see it? Don’t say it! • Point of View – The way one person something. sees

Statement Evaluation • For each statement…. – Agree or Disagree – With what part, be specific, explain – Why? ? ?

Statements • And what the flag does, it embodies everything that freedom embodies. • Actually what the American flag is is a symbol of the American empire. It does not stop at the American border. It flies over all the ugly things that they (Americans) do throughout the world. It was painted on the jets the dropped napalm on the Vietnamese people, it was painted on the sides of the bombs dropped on Hiroshima and Nagasaki; it’s the flag that the Seventh Cavalry carried when it massacred the Native Americans at Wounded Knee.

Statements • Free speech is important, not for the words we like, but rather for the words we hate. • The brave men and women buried there (Arlington National Cemetery) did not die for the flag, though they loved it; they died for the freedom that the flag represents.

For Which It Stands • Texas law prohibits people from desecrating/destroying the U. S. flag. • 1984 - Joey Johnson is protesting President Reagan, the Republican committee, and the flag law itself. He burns a flag. • He is arrested: 1 year in jail, $2, 000 fine • Flag Protection Act of 1989: makes the flag a sacred object • Johnson takes his case to the Supreme Court • Is flag burning an extension of your first amendment rights? – Symbolic Speech

Video Segment • As you watch the video…. • Write down various images you see. – Burning flag, flag saluting, etc. • To the right of the image description, write what kinds of feelings are being represented. – Disrespect, patriotism, etc.

Lets debate it! • Is one view right and one view wrong? • Should there be right and wrong in this case? • Pro Se Court: – For flag burning • protected by 1 st Amendment – Against flag burning • NOT protected by 1 st Amendment – Judges

And the winner is……. . • Joey Johnson • It is legal to burn the flag. The government can’t make a symbol, like the flag, protected. • Points of View – Doesn’t mean the same thing to everyone. • Symbolic Speech is protected but…. – You can’t put people in immediate danger.

The Bill of Rights The First 10 Amendments 1791

2: Right to Keep and Bear Arms • The right to own/posses a gun. • About 300 million privately owned guns in America (add in police, military, etc. – 400 million). – Almost 1 gun person. • Only 34% of Americans own a gun, rifle, or pistol. • Not for minors, that means you!

What does it say? • It reads exactly: – 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. • Do we have a well regulated militia? • We do! – Who makes up the militia? • So who gets to own guns? ? ? – People (You and Me) or Militia (National Guard) • So what is your interpretation of this amendment?

3: Quartering Troops • Troops can’t live in your house without permission, but…. . • They can in wartime by law.

4: Search and Seizure • Need a search warrant. • Must be specific: why, where, who, what

If I take something…. . • During a legal search of a home, can the police keep it, sell it, etc. ? • We will see, we will see.

5: Rights of the Accused (capital crimes) • Double Jeopardy – Can’t be tried for the same crime twice. • Due Process – The legal process • Takings Clause – Can take property gained with illegal money. – Police Auctions – Eminent Domain (DBQ tomorrow) • Self Incrimination – The right to remain silent.

Miranda v AZ • 1963 • Ernesto Miranda – Arrested for attacking and kidnapping a woman near Phoenix. • He was identified by the woman and questioned by police. – In the questioning he confessed to the crime. – He was convicted on the basis of his confession. • However, he was never told of his 5 th Amendment right to remain silent or to have an attorney. • Miranda’s conviction was thrown out. • Supreme Court ruled, 5 -4, that police must inform suspect in custody of their rights. – Thus, the Miranda Rights that the police read to you when being arrested.

6: Rights of the Accused (criminal) • • • Speedy Trial Jury Trial Public Trial Be informed of the charges Be confronted by witnesses Have an attorney

Gideon v Wainwright • 1963 • Clarence Earl Gideon – Arrested for the burglary of a pool hall. – At his trial he requested a lawyer. • The court denied his request and he defended himself. – He was convicted and sentenced to 5 years in prison. • Previous cases ruled that a lawyer was not needed in certain state level cases fo certain offenses. • Supreme Court ruled, 9 -0, that all accused of a crime have the right to counsel. • This is extended in the 14 th Amendment.

7: Trial by Jury • Extends what is in 6 th Amend.

8: Fines and Punishments • No excessive fines • No cruel punishment

9: Rights of the People • People do have more rights than # 1 – 8.

10: Power of the States and People • If it is not in the Constitution, the States/people get to take care of it.

Class Work • Questions: – Look at your notes and write 2 questions that you would like answered by an officer or lawyer. • Summary for the Bill of Rights. • Do not start naming the rights you get. • Maybe define the purpose of the Bill and how does it accomplish that purpose. • You should have one question per amendment, 10.

Quick Review 1 - 10 • 1. The Five Freedoms – Speech, religion, press, petition, assembly • • • 2. Right to Keep and Bear Arms 3. Quartering Troops 4. Search and Seizure 5. Rights of the Accused (capital crimes) 6. Rights of the Accused (criminal) 7. Trial by Jury 8. Fines and Punishments 9. Rights of the People 10. Power of the States and People

The Rest of Them…. . • • 11. 12. 13. 14. 15. 16. 17. 18. Lawsuits Against States - 1795 Election of Executives - 1804 Slavery Abolished - 1865 Civil Rights - 1868 Right to Vote - 1870 Income Tax - 1913 Direct Election of Senators - 1913 Prohibition - 1919

The Rest of Them…. . • • • 19. 20. 21. 22. 23. 24. 25. 26. 27. Woman Suffrage - 1920 “Lame Duck” Session - 1933 Repeal of Prohibition - 1933 Limit on Presidential Terms - 1951 Voting in D. C. - 1961 Abolition of Poll Taxes - 1964 Presidential Succession - 1967 Voting Age - 1971 Congressional Pay - 1992

Choose Your Amendment • You will be creating a poster for one of the amendments. • With your group, decide who will be responsible for which amendment. • But, you must follow the direction I am going to give you. • But first, each group needs a card.

A Little Reward • Give the card to the person who came to get the card. • Choose your amendment off the card. – Give the card to someone else and they can pick, and so on…. . • Bonus: If you have 4 people…. . – The fourth topic for your group is any amendment the extra person chooses.

Homework • Create a poster design promoting one of the first 10 amendments. (3 pts) • Your poster should: – State the number and the title. (1 pt) • The title should summarize the entire idea/concept of the amendment. – In some way explain what that amendment is about. (1 pt) • Words/phrases, pictures, symbols, combo of them, etc. – Be neatly presented. (. 5 pt) • Clean, clear, unwrinkled, correct spelling, etc. – In color and completely fill the paper. (. 5 pt) • Think about what you are doing before you start.