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PRINCIPLES review. Please take a moment and give a CONCRETE example (not a vague definition) of the 6 principles of the Constitution LIMITED GOVERNMENT POWER SEPARATION OF POWERS CHECKS AND BALANCES FEDERALISM FLEXIBILITY POPULAR SOVEREIGNTY. The Bill of Rights. OBJECTIVES: - PowerPoint PPT Presentation
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PRINCIPLES review
Please take a moment and give a CONCRETE example (not a vague definition) of the 6 principles of the Constitution
LIMITED GOVERNMENT POWER SEPARATION OF POWERS CHECKS AND BALANCES FEDERALISM FLEXIBILITY POPULAR SOVEREIGNTY
The Bill of Rights
OBJECTIVES: Identify the key INDIVIDUAL rights that
are established by the Bill of Rights
1st amendment
Freedom of speech, religion, press, assembly, petition
http://www.washingtontimes.com/news/2011/mar/2/supreme-court-oks-church-protest-military-funerals/?page=all
A fringe anti-gay Baptist group disrupted a funeral for a killed soldier holding signs such as Thank God for dead soldiers.
The soldier’s father won a lawsuit against them…
They appealed to the Supreme Court Were their first amendment rights
violated? http://www.washingtontimes.com/news/2
011/mar/2/supreme-court-oks-church-protest-military-funerals/?page=all
Second Amendment
Right to bear arms
3rd Amendment
Government can’t use private homes as military quarters
Fourth Amendment
No unreasonable search and seizure http://www.nytimes.com/2012/01/24/us/police-use-of-gps-is-ruled-unconstitutional.html?pagewanted=all&_r=0
www.slate.com/id/2143983/
An owner of a bar was sentenced to life for intent to distribute over 5 kilos of cocaine. He appealed because some of the evidence was obtained by the FBI attaching a GPS device to his car for 28 days.
Was his 4th Amendment rights violated? http://www.nytimes.com/2012/01/24/us/p
olice-use-of-gps-is-ruled-unconstitutional.html?pagewanted=all&_r=0
Fifth Amendment Gov’t needs an indictment of a Grand Jury-
12 to 23 citizens who decide if there is enough evidence to go to trial
Double Jeopardy- Accused may not be tried twice for same crime
Accused does not have to testify “pleading the fifth”
Due process- same fair rules in all cases Eminent domain- Gov’t can take your
property, but must pay you
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html
A town in Connecticutt used eminent domain to take residential homes in order to set up a shopping mall.
Sixth Amendment
Right to a JURY trial in criminal cases Right to a lawyer to defend you
Seventh Amendment
Trial by jury in lawsuits over money or property over $20
Eighth Amendment
Judges cannot Order excessive bail Impose cruel and unusual punishment
Cruel and unusual?
Ninth Amendment
Government can’t claim that these are your ONLY rights Part of Roe v. Wade Woman’s right to “privacy”
10th Amendment
Any powers not specifically mentioned in the Constitution are delegated to the states “FEDERALISM” Medical marijuana in California…
Please have out your…
2 Bill of Rights sheets (slides and actual wording)
Unit 2 Summary
IT’S THE
BILL OF RIGHTS
GAME !
http://www.youtube.com/watch?v=qSA8LX0xNLg
Hypo #1
Jimmy was arrested for stealing a pack of gum. When he went to be arraigned, the judge threw him in jail and set his bail at $1.2 million.
Eighth Amendment
Judges cannot Order excessive bail Impose cruel and unusual punishment
Cruel and unusual?
Hypo #2
Violence in our society is getting to the point where some people are urging Congress to ban civilians from owning guns. Congress passes such a law.
Second Amendment
Right to bear arms
http://www.wjla.com/news/stories/1107/474241.html&h=240&w=320&sz=22&hl=en&start=12&um=1&tbnid=ORKv3YpTLdIwTM:&tbnh=89&tbnw=118&prev=
Is there a limit?
Hypo #3
Kim is accused of murdering Victor. At Kim’s trial, the jury found her “not guilty” because of a lack of conclusive evidence. Three months later, new DNA evidence proves that Kim was Victor’s killer. She is re-tried, convicted, and thrown in jail for life.
Fifth Amendment Double Jeopardy- Accused may not be tried
twice for same crime Accused does not have to testify
“pleading the fifth” Due process- same fair rules in all cases Eminent domain- Gov’t can take your
property, but must pay you
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html
Hypo #4
Jill carelessly her pail on top of Jack’s hill. Jack fell down and broke his crown, and sued Jill for $1000. The whole thing was caught on tape, so the judge decided to reward Jack the $1000 without wasting the time and money of a jury trial.
Seventh Amendment
Trial by jury in lawsuits over money or property over $20
Hypo #5
The Federal government wants to build an interstate highway through your yard. Federal agents come to your house while you’re not home, pack up your stuff and knock the house down. They never pay you for the house or your property.
Fifth Amendment Double Jeopardy- Accused may not be tried
twice for same crime Accused does not have to testify
“pleading the fifth” Due process- same fair rules in all cases Eminent domain- Gov’t can take your
property, but must pay you
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html
Hypo #6
After Michael Vick was arrested for his involvement in a dog fighting ring, the courts sentence him to be covered in steaks and thrown into a cage with angry, hungry pit bulls for one hour as part of his punishment.
Eighth Amendment
Judges cannot Order excessive bail Impose cruel and unusual punishment
Cruel and unusual?
Hypo #7
President Obama is sick and tired of being made fun of in the newspapers. So he gets Congress to pass a law making it illegal to make fun of politicians in the newspaper.
1st amendment
Freedom of speech, religion, press, assembly, petition
http://www.ala.org/ala/oif/firstamendment/courtcases/courtcases.htm#fes
1-Should a person be permitted to say anything at all about the government during wartime?2-Should a newspaper that has received copies of secret government documents be allowed to publish them?3-Should a group known for its anti-American statements be permitted to hold a rally?
Hypo #8
The Federal government has decided to save some money by closing military bases and barracks. President Obama calls you and says that two soldiers are going to be staying with your family for a while, even though you don’t want them there.
3rd Amendment
Government can’t use private homes as military quarters
Hypo #9
Joe accuses Frank of stealing his autographed Paris Hilton poster. Joe goes to the police and tells them all about it. The police get a warrant from a judge to search Frank’s house but find nothing there. They decided to check Frank’s grandmother’s house next door and find it there. They arrest Joe.
4th Amendment
Government officials cannot search property without a warrant
Hypo #10
The state of Massachusetts has given gay couples the right to marry. The majority of Congress doesn’t agree with gay marriage and they pass a law making it illegal.
10th Amendment
Any powers not specifically mentioned in the Constitution are delegated to the states “FEDERALISM” Medical marijuana in California…
http://www.apfn.net/Messageboard/06-07-05/discussion.cgi.45.html
Hypo #11
Timmy arrested for stealing an Ipod. He asks for an attorney, and the police tell him there won’t be one available until tomorrow, and he is legally obligated to answer some questions about the incident. Timmy admits to the crime an hour later. This admission of guilt is the key evidence in convicting Timmy of robbery.
Sixth Amendment
Right to a JURY trial in criminal cases Right to a lawyer to defend you
Hypothetical 12
While on trial for causing $7000 to a hotel room, Charlie Sheen is asked to describe what happened. He replies, “My tiger blood tells me not to answer that.” The judge demands he answer the question…
Fifth Amendment Double Jeopardy- Accused may not be tried
twice for same crime Accused does not have to testify
“pleading the fifth” Due process- same fair rules in all cases Eminent domain- Gov’t can take your
property, but must pay you
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html
Bill of Rights: 1st Amdmt: Freedom of Religion, Speech, Press,
Assembly, and Petition 2nd Amdmt: Right to Bear Arms 3rd Amdmt: Soldiers Quartered in homes 4th: Gov’t needs a search warrant 5th: rights of accused criminals (Due process) 6th: rights of accused criminals 7th: rights in civil trials 8th: rights of accused and convicted criminals 9th: there are more rights not listed 10th: any powers not included in const. are given
to states
The Bill of Rights
Explain why the Bill of Rights were added to the Constitutionmin 1791
Identify the key INDIVIDUAL rights that are established by the Bill of Rights
Explain why these rights need to be protected
Yes or No:
1-Should the government assist religious schools with money to buy textbooks?
2-Should a person be permitted to say anything at all about the government during wartime?
3-Should a newspaper that has received copies of secret government documents be allowed to publish them?
4-Should a group known for its anti-American statements be permitted to hold a rally?