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Chapter 4: Amendments and Rights

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Title: Chapter 4: Amendments and Rights


1
Chapter 4 Amendments and Rights
The Conflicts of Understanding Our Freedoms
2
Rights
  • Are civic (related to society), not moral
    (related to the beliefs of what is right and
    wrong).
  • Rights are legal freedoms or claims for one group
    to act without being restrained or to be
    protected from being acted upon.

3
Bill of Rights
  • First 10 Amendments
  • Why it created?
  • Protects Civil Rights freedoms that protect
    individuals from the government.
  • negative rights rights that come from the
    governments inability to act. (example free
    speech)
  • positive rights rights that come from the
    governments ability to act. (example public
    schools)

4
1st Amendment
  • Congress shall make no law respecting an
    establishment of religion, or prohibiting the
    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 redress of grievances.
  • The cornerstone of democracy.

5
1st Amendment
  • Freedom of Religion protect the safeguards
    started by the English Colonists. Many believed
    that it was only a protection for other Christian
    religions.
  • Freedom of Assembly assembly must be peaceful.
    The government can regulate, but not ban.
  • Freedom of Petition Petition- a formal request
    to change an aspect of government.
  • Freedom of Press Printed publications and
    sources of media.
  • Refrains government from Censorship the use of
    state or group power to control freedom of
    expression.

6
Freedom of Speech
  • Freedom of Speech- Democracy requires
    communication and the questioning of the status
    quo in order to make the best social decisions.
  • Includes public and private speech as well as
    symbols and actions- Tinker v. Des Moines
    Independent Community School District. (pg. 108)

- To Protest the war in Vietnam, students war
black armbands which were promptly banned at
school.
7
Limits
  • Speech One may not spread lies that harm a
    persons reputation.
  • libel when lies are printed
  • slander when lies are spoken
  • Why create these limits?
  • Where do ones rights begin and anothers come
    to an end.

8
Rights of the Accused
Why are these important?
  • 4th Amendment No unreasonable searches and
    seizures.
  • search warrant a court order allowing law
    enforcement officials to search a person or
    location.
  • 5th Amendment
  • An indictment a formal charge (accusation) from
    a grand jury. To determine if a trial is
    necessary.
  • No double jeopardy If found innocent of a
    specific crime, one cannot be tried again for the
    same crime.

9
  • Right to remain silent to protect people form
    being forced to testify against themselves.
  • Due Process one must not be denied their rights
    due to them by the law of the land until
    following the legal process.
  • 6th Amendment Trial by jury
  • Entitled to a lawyer if you cant afford one,
    the government must provide you with one.
  • 8th Amendment Forbids cruel and unusual
    punishment.
  • Bail a sum of money used as a security deposit.
    Bail is returned upon appearance in court. No
    excessive bail.

10
Additional Rights
  • 2nd Amendment 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.
  • Regulation is allowed.
  • 3rd Amendment No quartering in times of peace.
  • 7th Amendment The right to a jury trial in
    civil cases of the amount 20.
  • civil case lawsuits that involve disagreements
    between citizens, and not between the citizens
    and their government (crime).

11
  • 9th Amendment Makes it clear that citizens have
    rights that are not mentioned in the Bill of
    Rights.
  • 10th Amendment The powers not delegated to the
    United States federal government by the
    Constitution, nor prohibited by it to the States,
    are reserved to the States respectively, or the
    people.

12
Expanding the Constitution
  • 13th Amendment Abolished slavery.
  • 14th Amendment Granted citizenship to all those
    born or naturalized in the United States, and
    equal protection under the law.
  • 17th Amendment Provided for the elections of
    U.S. senators by popular vote instead of state
    legislatures.
  • 18th Amendment Prohibition- the outlawing of
    sale and manufacturing of alcohol in the United
    States. (repealed by the 21st Amendment)
  • 19th Amendment women received the right to vote.
  • 26th Amendment the right to 18 year olds to vote.

13
Civil Rights Struggle
  • After slavery came to an end, the racism that
    defended slavery continued to flourish under
    other political, legal, and social conflicts.
  • Jim Crow Laws laws requiring the separation
    of African-Americans and whites in most public
    places.

14
  • Plessy v. Fergurson (1896)- created a precedent
    for segregation.
  • Separate, but equal
  • Fight for civil rights which were ensured rights
    of full citizenship and equal protection under
    the law (derived from which amendment?).
  • NAACP (National Association for the Advancement
    of Colored People) was established in 1909 to
    help overturn Separate, but Equal.
  • Brown v. Board of Education Topeka, KS (1954)
    Overturned Plessy v. Fergurson under the 14th
    Amendment.
  • Affirmative Action Programs to try to make up
    for past discrimination.

15
Dr. Martin Luther King Jr.- African-American
Struggles
16
Womens Suffrage
17
Harvey Milk- Gay Rights Struggle
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