The First Amendment Lesson 1 Essential Questions: How do societies balance individual and community...

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The Bill of Rights Chapter 6

Transcript of The First Amendment Lesson 1 Essential Questions: How do societies balance individual and community...

The Bill of RightsChapter 6

Westglades Middle School
Mr. FerroUS History

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