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The Bill of Rights

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The Bill of Rights The first 10 amendments To the U. S. Constitution ... – PowerPoint PPT presentation

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Title: The Bill of Rights


1
The Bill of Rights
  • The first 10 amendments
  • To the U. S. Constitution

2
Who determines what the Bill of Rights mean?
  • The Supreme Court makes rulings on the meaning
  • The Supreme Court balances the rights of the
    individual with the needs of society

Individual??
Society??
3
The first amendment5 rights mentioned
  • Freedom of Speech
  • Freedom of Religion
  • Freedom of the Press
  • Freedom of Assembly
  • Right to petition the government

4
Five Rights in the Amendment
  • Freedom of Religion
  • Freedom of speech
  • Freedom of the press
  • Freedom of Assembly
  • Petition the government

5
Freedom of Religion
  • Congress shall make no law respecting an
    establishment of religion or prohibiting the free
    exercise thereof
  • Two clauses
  • Establishment clause
  • Free Exercise clause

6
Establishment of Religion
  • Justice Hugo Black - Everson v Board of Ed
  • Requires a wall of separation between church
    and state
  • Neither state or federal govt can set up a church
  • Neither can pas laws which aid one religion, aid
    all religions, prefer one over another
  • Cant force church attendance or beliefs
  • Cant punish for beliefs or disbeliefs
  • Taxes can not be used to support any religious
    activity

7
  • Thomas Jefferson
  • the clause against establishment of religion by
    law was intended to erect a wall of separation
    between Church and State
  • Supreme Court uses 3 tests to determine whether
    or not a statute violates the Establishment
    Clause
  • Lemon v Kurtzman
  • Called the Lemon Test

8
  • 1. Statute must have a secular rather than
    religious purpose
  • 2. The principal or primary effect of the
    statute must be one that neither advances nor
    inhibits religion
  • 3. The statute must not foster an excessive
    government entanglement with religion

9
Tests used to interpret Establishment Clause
  • Lynch v Donnelly 1984-Endorsement Test
  • Nativity scene on public property
  • Seasonal display, did not promote a religion
  • Secular purpose
  • Agostini v Felton 1997
  • Public school teachers teaching in parochial
    schools material had to be secular
  • Modified Lemon Test combined last two elements
    purpose and effects

10
Rejection of Wall of Separation
  • Justice William Rehnquist in Wallace v Jaffree
  • Historically inaccurate
  • James Madison did not advocate for this position
  • Establishment Clause means only that the
    government cannot establish a national religion
  • Cannot prefer one religion or denomination over
    another
  • Does not agree with Lemon Test
  • Not easily applied in some cases

11
Free Exercise of Religion
  • Government cannot pass a law which prohibits the
    free exercise of religion
  • Not all religious freedoms are permitted
  • 1905 MA required adult vaccination, refusal on
    religious grounds denied by Supreme Court
  • Practices that are illegal are not protected
  • Employment Division v Smith - peyote for
    religious ceremonies - Supreme Court ruled
    compliance with the law

12
  • How does the Supreme Court determine if the Free
    Exercise Clause of the 1st Amendment is being
    violated?
  • Wisconsin v Yoder - Amish students
  • Two questions
  • Did the states requirement of compulsory
    education to age 16 interfere with the Amishs
    free exercise of religion?
  • Was the states interest in compulsory education
    greater than the individual right to the free
    exercise of religion?

13
Establishment and free exercise clause often
conflict with each other
  • In schools, the religion issue is most prevalent
  • If a student raises his hand and says teacher,
    can we say an opening prayer before this test
  • If the teacher says
  • Yes, It looks like establishment of religion
  • No, It is denying a student free exercise.

14
Establishment clause-Government Can
Cannot
  • Teach about religions in school
  • Allow voluntary prayer in many examples
  • Transport students to a religious school
  • Read Bible for culture or literacy content
  • Set a state religion
  • Government cannot order a prayer
  • Teach religious doctrine in the school
  • Pay seminary teachers
  • Teach creationism

15
Free ExerciseAn individual Can
Cannot
  • Choose whatever religion
  • Lead a prayer in most examples
  • Ask questions about religions
  • Worship who ever you want
  • Break the law and claim it is religious belief
  • Raise children without education
  • Deprave children of basic needs

16
Freedom of speech
  • Congress shall make no laws . . . abridging the
    freedom of speech

17
Free speech The individual can
  • Say any political belief
  • Protest (without getting out of control)
  • Say things about someone that are true
  • Burn the flag
  • Say racist and hate slogans
  • Free speech means someone might say something you
    disagree with

18
Free speechlimits on the person
  • Threaten to blow up airplanes, schools or the
    president
  • Sexual harassment
  • Create too much social chaos
  • Extremely crude language in a public form
  • Disrespectful, vulgar language in schools
  • Hate crimes

19
Freedom of the press
  • Congress shall make no law . . . abridging . . .
    the freedom of the press.

20
Freedom of the press-the press Can Cannot
  • Print any political position
  • Make fun of people, especially politicians
  • Expose wrongs by the government
  • Say things you might not agree with
  • Libel intentionally injuring a persons
    reputation by false facts
  • Disclose defense-security secrets
  • Detail how to make a certain weapons

21
Freedom of Assembly
  • Congress shall make no law . . . Abridging . . .
    The people to peaceably assemble

22
Freedom of Assembly--Individual Can Cannot
  • Protest
  • Parade (with a permit)
  • Parade chanting hate slogans
  • Gang members can congregate in public
  • Protest by throwing rocks and breaking windows
  • Hang out on private land against owners
    willloitering
  • Teen curfew

23
Petition the Government
  • Congress shall make no law . . . Abridging . . .
    the people. . . to petition the government for a
    redress of grievances

24
Petition the government
  • You may sue the government for wrongs
  • You cannot be punished for exposing wrongs by the
    government
  • The courts decide the wrongs

25
2nd AmendmentRight to bear arms
  • A well-regulated militia, being necessary to the
    security of a free state, the right of the people
    to bear arms shall not be infringed.

26
What is the debate with the right to bear arms?
  • How much can the government keep guns from
    criminals and youth?
  • In order to keep guns away from criminals, does
    that limit the right of law abiding citizens?

27
Gun debate continued
  • Thousands of people die every year because of
    guns
  • Thousands of crimes are prevented because of guns

Shoes representing gun deaths.
28
Third Amendment
  • The Government cannot force you to shelter
    soldiers in your home without your consent in
    time of war or peace.

29
Rights of the Accused Amendments 4-8 Important
to preserve freedom
30
Fourth Amendment
  • What does a policeman need in order to search
    your home?
  • A warrant given to him by a judge
  • Probable cause is also needed

31
Fifth Amendment
  • You cannot be tried for the same crime
    twicecalled Double Jeopardy
  • You do not have to testify against your self. I
    plead the fifth
  • You must have due process of law before you are
    convicted
  • The government cannot take your land unless it
    pays.

32
Sixth Amendment
  • Right to speedy trial by impartial jurymeaning
    not favoring either side

33
Sixth Amendment continued
  • You must be told of charges
  • You must be provided a lawyer if you cannot
    afford one

34
Eighth Amendment
  • No excessive bail
  • No cruel and unusual punishment

Prisoner kissing his Mom in prison
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