The First Amendment Lesson 1 Essential Questions: How do societies balance individual and community...
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Transcript of The First Amendment Lesson 1 Essential Questions: How do societies balance individual and community...
The First AmendmentLesson 1
Essential Questions:
•How do societies balance individual and community rights?
It Matters Because:The rights granted under the First-Amendment are among our most basic freedoms.
Guiding QuestionWhich individual rights are protected by the First-Amendment?
Guaranteeing Civil LibertiesHave you ever seen people protesting a law:Have you ever wondered why police officers
in a movie have to tell a suspect his or her rights
Have you ever thought about who can vote?Civil Liberties- Freedoms we have to think
and act without government interference or fears of unfair legal treatment
Many of these civil liberties are protected under the Bill of Rights The first 10 Amendments
First Amendment-Protects 5 Basic Freedoms
Freedom of ReligionCongress cannot establish
or set up any religion as the official faith of the United States (establishment clause) Thomas Jefferson- The
idea of “Separation between church and state”
Americans have the right to practice their faith in the way they want
Freedom of SpeechThe right to say our
opinions, in public or in private, without fear of being stopped or punished by the government for those ideasMeetings, conversations,
speeches and lecturesWords spoken in radio,
televisionInternet messages, art,
music, clothing
Freedom of the Press“Only a press that is
free to criticize the government can keep that government from misusing its power”The government
cannot censor new reports Censorship- the
banning of printed materials or films due to alarming or offensive ideas
Freedom of AssemblyFirst Amendment-protects
our right to gather in groups for any reason, as long as the groups are peacefulMeetings rallies,
celebrations, paradesGovernment can make rules
about when and where these activities are held
Includes freedom of associationForm and join clubs,
political parties, labor unions, and other groups
Freedom of Petition First Amendment gives us
the right to send petitions to the governmentPetition-a formal request for
government action Written statement that
hundreds or thousands of people sign
Could be a simple letter or email from one person
Petitions gives us the right to express ourselves to the government
If enough people express their views, the government may act.
Limits on Civil LibertyFirst Amendment gives very broad rights to
all AmericansNot intended to allow citizens to do whatever they
wantMust be balanced against the rights of others and
the communityFree speech restrictions
Slander – you have the right to criticize public officials,, but you don’t have the right to spread lies that will harm their reputation
Libel – written untruths that are harmful to someone’s reputation
Other Bill of Rights ProtectionsLesson 2
It Matters Because:Other parts of the Bill of Rights protects the
rights of the accused.Guiding Question
How does the Bill of Rights protect the rights of the accused?
Accused- people officially charged with crimes
The Fourth, Fifth, Sixth and Eighth Amendments protects the rights of the accusedAccused- a person who is officially charge
with a crime
The Fourth AmendmentThe Fourth Amendment protects us
against “unreasonable searches and seizures”No officer can search a persons property
or take his or her possessions at will.
Probable cause- the officer must have strong reasons to think that the person’s property was involved in a crime.
Search warrant- officer must obtain a court order allowing police to search property and seize evidenceSearch suspect’s home, business or other
propertyOnly items listed in the warrant can be
taken
The Fifth Amendment
Indictment- a document issued by a grand jury to charge someone with a crimeNo one can be tried for
serious crime without an indictment
Someone who is indicted is not necessarily guilty
Double jeopardy- putting someone on trial for a crime he or she was previously found innocentCan’t put a person on trial
more than once for the same crime.
The Fifth AmendmentSelf-incrimination- giving evidence about
yourself that could lead to you being found guilty of a crime The accused has the right to remain silentThis prevents the government from forcing people to
confess to crimes they have not committed Due process –following legal procedures
No one may be denied life, liberty, or property without due process
Laws to be followed must be reasonableEminent domain- the right of the government to
take private property for public useUsually land, and the government has to pay a fair
price
The Sixth AmendmentGuarantees other rights to the accused
Requires that persons clearly be told the charges against them
Requires that the accused be allowed a trial by jury Accused can choose trial by jury of a judge Jury trial must be speedy and held in public Jurors must be fair If possible trial must be held in the community where
the crime took place An accused has the right to question all witnesses An accused must be allowed to call witnesses in
defense He or she has the right to a lawyer If they can’t afford one, the government must provide
for one
The Eight Amendment Sometimes months can
pass before a trial can be heldThe accused may be allowed
to pay bail and be releasedBail- a sum of money used
as a security deposit to ensure that an accused person who is released from jail returns for his or her trial A judge decides how much
bail the person must payExcessive bail (too much) is
forbidden
Determining the Bail Amount
How does a judge decide the bail amount?How much is the person able to
pay?Type of crime committed, criminal
recordWill they appear in court, or will
they fleeThe Eight Amendment also
protects from punishment that is too harshAlso forbids “cruel and unusual
punishment”Should you get life imprisonment
for stealing a loaf of bread?
Additional Protection Guiding Question:
Which other protections does the Bill of Rights offer:Certain actions taken by the British government were
abuses of power The founders wanted to prevent these abuses
The Second Amendment-the right to keep and bear arms The Third Amendment- Bans the quartering of soldiers The Seventh Amendment- Concerns civil cases The Ninth Amendment-All rights not spelled out in the
Constitution are retained, or kept by the people. The people have additional rights that are not spelled out in the Bill of Rights.
The Tenth Amendment- Recognizes that the power of the federal government is limited. Any powers the Constitution does not specifically give to the federal government belongs to the states or the people
Civil War AmendmentsLesson 3
Guiding Question: How were civil rights extended following the Civil War?
It Matters Because:Voting is the way people in a democracy make their
wishes known.
Black codes- laws from after the Civil War that kept African Americans from holding certain jobs, gave them few property rights, and limited their rights in other ways
Suffrage- the right to vote Poll Tax- a sum of money required of voters before they
are permitted to cast a ballot
Constitutional Amendments
Eleventh Amendment (1795)
Places limits on lawsuits against states
Twelfth Amendment (1804)
Revises procedure for electing the president and vice president
Thirteenth Amendment (1865)
Abolishes slavery
Fourteenth Amendment (1868)
Defines U.S. citizenship; guarantees all citizens “equal protection of the laws”
Fifteenth Amendment (1870)
Prohibits restrictions on the right to vote based on race and color
Sixteenth Amendment (1913)
Gives Congress the power to levy an income tax
Seventeenth Amendment (1913)
Enables voters to elect senators directly
Eighteenth Amendment (1917)
Prohibits making, transportation, selling, importing, and exporting alcoholic beverages
Nineteenth Amendment (1920)
Gives women the right to vote
Twentieth Amendment (1933)
Changes the dates of congressional and presidential terms
Twenty-first Amendment (1933)
Repeals Prohibition (Eighteenth Amendment)
Constitutional Amendments
Twenty-second Amendment (1951)
Limits presidents to two terms in office
Twenty-third Amendment (1961)
Gives residents of the District of Columbia the right to vote
Twenty-fourth Amendment (1964)
Abolishes poll taxes
Twenty-fifth Amendment (1967)
Establishes procedures for succession to the presidency
Twenty-sixth Amendment (1971)
Sets voting age at 18 years
Twenty-seventh Amendment (1992)
Delays congressional pay raises until the term following their passage