Title: England and King George
1England and King George
- England was controlled by King George
- Although the colonist were no longer living in
Great Britain/England, they were still under the
control of the King.
2- Englishmen came to America four hundred years ago
looking for gold, silver, and a waterway to Asia - They were part of a trading company that
convinced the king of England to grant them a
Charter giving them permission to set up a colony
in America. - But they did not find what they were looking for.
Times got so hard those first settlers had to
eat rats and even each other to keep them from
starving to death. Pretty soon, though, more
people arrived and times got better. - The English were here to stay.
3- Back in England, the king probably figured he had
a pretty good deal. - Other people got seasick sailing across the ocean
to settle untamed land while he sat in his palace
ruling England - Except that being king just wasnt what it used
to be. Back in the 1200s, a king really could do
what he wanted! - But this was the 1600s and now the English people
had representatives in Parliament who made laws
and stood for peoples rights
4- In America, the colonist needed some kind of
government to deal with everyday problems. After
all, the king was on the other side of the ocean. - And because of Parliament, the colonist were used
to having a say in government. - Although people in different areas had ideas
about government.
5- By mid 1700s there were 13 colonies and each had
their own government. - These little governments grew stronger and more
used to being in control. When problems came up,
the colonial governments took care of the things
themselves.
6French and Indian War
- France and Great Britain fought over lands in
Pennsylvania and Ohio. - Although Great Britain defeated the French, it
left them in great debt. - This also showed the colonist that France was not
as strong as they thought.
7- Britain had taken out a loan to pay for the war,
so it went looking for ways to make fast money. - Taxing the American colonist seemed like a
perfect idea.
8Taxation without Representation
- Taxing became a major issue.
- The Mother Country was in need of money and
they saw the colonist as a way to get it.
9Taxing
- Stamp Act this was the 1st direct tax.
- Tax was placed on all paper goods.
- This was to include pamphlets, documents, news
papers, even playing cards. - Wanted the colonies to help pay for their debt.
10- Townshend Revenue Act was also passed
- It taxed things it knew the colonist couldnt
make for themselves - Paint
- Glass
- Lead
- And tea
- Also allowed for the British to search homes
without reason and seize items that owners had
not paid taxes on.
11Have some Tea
- The colonist didnt like this and began to rebel.
- They participated in one event that was of
particular importance. - The Boston Tea Party.
- They, dressed like Indians, dumped the British
tea in the Boston Harbor. - The British were not happy
12Intolerable Acts/Coercive Acts
- Parliament retaliated with the passage of the
Coercive Acts which the colonist called the
Intolerable Acts. - These acts severely limited the economic ability
of the colonies.
13Samuel Adams
- Is America not ready for Independence! Why not
declare it - Brother to John Adams
14- The colonist finally decided there was only one
solution - Independence!
- Only July 4, 1776 the leaders of the colonies
signed the Declaration of Independence, breaking
ties with Britain.
15Declaration of Independence
- Most famous document
- Thomas Jefferson drew together the ideas of
thinkers such as Locke.
16Purpose of Declaration of Independence
- To justify the revolution
- Put forth the founding principals of the new
nation
17The Declaration of Independence has four parts
- One Preamble
- We the people, in order to form a more perfect
Union, establish justice and ensure domestic
tranquility, provide for the common defense,
promote the general welfare and secure the
blessings of liberty to ourselves and our
posterity, do ordain and establish this
Constitution of the United States of America
18Declaration has Four parts
- Two States the purpose for writing/basic human
rights - Three List specific complaints against King
George - Four States the Colonies determination to break
from Great Britain.
19In order to form a more perfect Union
20Establish justice and ensure domestic tranquility
21Provide for the common defense
22Promote the general welfare
23Secure the blessings of liberty
24To ourselves and our posterity
25Do ordain and establish this Constitution of the
United States of America
26Or
- Part 2 Natural Rights
- The colonists explain the rights of people and
- the role of government power.
- Part 3 Grievances
- A list of the colonists complaints.
- Part 4 Resolution of Independence
- The colonists declare their independence from
- Britain
27Richard Henry Lee
- Lee wrote his desire for the colonies in his
resolve - We hold these truths to be self evident that all
men are created equal. That they are endowed by
their creators with certain inalienable rights
that among these are life, liberty and the
pursuit of happiness. - July 2, Colonies broke from England
28We hold these truths to be self-evident   All
men are created equal   Endowed by their
creator with certain unalienable rights   Life,
liberty, and pursuit of happiness   Those to
secure these rights, governments are instituted
among men, deriving their just powers from the
consent of the government    That whenever any
form of government becomes destructive of these
ends it is the Right of the People to alter or
to abolish it, and to institute new government.
29We hold these truths to be self evident
30All men are created equal
31Endowed by their creator with certain unalienable
rights
- Unalienable rights government cannot take them
away from you - Nor can you surrender them
32Life Liberty and the pursuit of Happiness
- Natural rights
- Inborn rights
33That to secure these rights, governments are
instituted among men, deriving their just powers
from the consent of the governed
- What is the main purpose of government?
- To ensure order of the nation
- Nope
- To protect the stability of the whole society
- Nope
- To protect the rights of the individual
- Yep That's it
34- Individual not society is most important
- The success of government is measured by much
liberty the individual has - The success of government is measured by how free
the individual is form government.
35That whenever any form of government becomes
destructive of these ends, it is the right of the
people to alter or to abolish it
36What followed the Declaration of Independence?
- The Constitution
- It has set our rule of government and how our
nation would function.
36
37The Bill of Rights
- The First 10 amendments to the Constitution
38Bill of Rights
- The Bill of Rights are the first 10 amendments to
the Constitution. - Framers believed people had rights because they
were people. - They were endowed by their creator with certain
unalienable rights. - The Bill of Rights stands as a written guarantee
that government cannot abuse the rights of
individuals.
39The Bill of Rights
- These amendments placed certain limitations on
the national government. - Now it goes to control the state and local
governments as well.
401st Amendment
- Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof or abridging the freedom
of speech, or of the press or the right of the
people peaceably to assemble, and to petition the
government for a redress of grievances.
411st Amendment
- In other words freedom of
- Speech
- Press
- Petition
- Assembly
- Religion
42GRAPES
- Grievances, Right to petition
- Religion, Right to no establishment of
- Assembly, Right to peaceful
- Press, Freedom of
- Exercise, Freedom of Religion
- Speech, Freedom of
43Remember
- The Government CAN NOT prevent individuals from
freely expressing their opinions. - Citizens have rights to criticize government
decisions and ideas.
44The 1st amendment
- The first amendment list our certain rights and
liberties that are guaranteed to people. - The first amendment placed limitations on the
government to prevent it from controlling the
press, restricting speech, establishing or
prohibiting religion and limiting other areas of
personal liberties.
45Ok
- Lets Break it down into 5 parts
46Freedom of Religion
- Always been an important aspect of American life.
- There are 2 clauses look at with freedom of
religion. - Establishment clause
- Free exercise clause
- Easy to look at it when looking at separation of
church and state
47Freedom of Religion
- Thomas Jefferson wrote a Wall of Separation
speech. - He said that legislation should make no law
respecting an establishment of religion or
prohibiting the free exercise thereof thus
building a wall of separation between church and
state
48Freedom of Religion Establishment
Free Exercise
- Prevents congress from creating a state
sponsored religion - Can teach about religion in school
- Transport students to religious schools
- Read bible for culture or literary content
- Prevents the government from unduly interfering
with free exercise of religion. - The Government CAN NOT PROMOTE RELIGION
- Choose what religion they want
- Worship wherever they want.
49Establishment Free Exercise
- Cant set a state religion
- Order Prayer
- Teach religious doctrine in school
- Pay seminary teachers
- Teach creation
- Break the law and claim it was religious belief
- Deprive kids of basic needs
50Freedom of Religion
- Constitution bans religious qualifications to
hold public office. - Most government officials take oath of office in
the name of God.
51Freedom of Religion
52Freedom of Religion
53Question?
- Can students be transported from a public school
to a parochial school? (parochial school school
operated by religious or church groups)
54Answer?
- Yes if it benefits the kid
55Question
- What kind of money should be given to a church
related school?
56Answer?
- 2/3s of states give parochial school money
ranging from drivers education to lunch money. - Board v. Allen provided secular (non religious)
books to parochial schools.
573 part test to decide whether aid violates the
establishment clause
- To be constitutional, state aid to church schools
must - Have a clear secular purpose
- In its main effect neither advance or inhibit
religion - Avoid excessive government entanglement with
religion.
58Question?
- Can public schools release students from school
to attend classes on religious instruction?
59Answer
- Religious programs at school
- NO
- Not constitutional
- Religious programs away from school
- YES
- Constitutional
60Santa Fe Independent School District v. Doe
- Supreme court ruled that public school districts
can not let let students lead stadium crowds in
prayer before football games - It violates the separation of church and state
61- Very heated argument
- Moment of silence laws have been passed by many
states
62Question?
- Can student religious groups meet at school?
63- Yes
- Equal Access Act allows publish high school
receiving federal funds to permit student
religious groups to hold meetings at school.
64- Westside Community School v. Mergens wanted bible
reading club. - School said no but courts said yes.
- If the students initiated it and led it, it was
all good.
65Question?
- Can the theory and ideas of evolution be taught
in school?
66- Epperson v. Arkansas said that teaching evolution
was banned in school. - Some states passed legislation requiring biblical
theory of evolution taught as an alternative view
yet struck down.
67Question
- Is a Nativity Scene or Christmas trees granted
under freedom of religion?
68- Yes
- If the government does not buy it or sponsor it.
69Question
- Do you have to salute the flag?
70- Jehovah Witness didnt want to stand up and
salute flag due to religious beliefs. - Dont salute because you dont bow down to a
graven image - Court, after many appeals, said didnt have to
stand and salute
71Results
- Because of the Minersville v. Gobitis decision
and many of the ones before we now - Say the pledge in school
- Salute the flag
- Have civic classes
- Have government classes
- Learn about the constitution
721st Amendment Freedom of Speech
- All people have a say in government.
- The first amendment exist to protect ideas that
may be unpopular or differ from the majority. - Congress shall make no laws abridging the
freedom of speech
73Freedom of Speech
- There are 2 types of speech
- Pure speech
- Symbolic speech
74Freedom of Speech
- Pure Speech is the verbal expression of thought
and opinion before an audience that has chosen to
listen.
75Freedom of Speech
- Symbolic Speech is actions and symbols used
instead of words. - It involves actions burning draft cards and
flags in protest.
76Under Freedom of Speech in the 1st Amendment a
citizen can
- Say any political belief
- Protest without getting out of control
- Say things about someone that isn't true
- Burn flag
- Say racist or hate slogans
- Say something you dont agree with
77- Limits to this is
- Threatening to blow up planes or schools
- Kill the president
- Sexual harassment
- Create social chaos
- Crude language in public and in school
- Hate crimes
78Freedom of Speech
- CAN NOT endanger public safety
79Question
- Is burning draft cards illegal?
80Burning Draft Cards
- Court ruled that burning draft cards is illegal.
- The cards are representing the armed forces in
times of war
81Freedom of Speech
- Suggestion in response was to wear black arm
bands. - Arm bands were worn in protest. This was known
as symbolic speech.
82Question
- Is burning the American flag illegal?
83Flag Burning
- No
- Unpatriotic but not illegal.
- Texas v. Johnson ruled flag burning was protected
under symbolic speech.
84Outlaw what?
- States and legislatures have outlawed seditious
speech - This means any speech urging resistance to
lawful authority or advocating the overthrow of
government.
85Question
- How far can the government go?
86The government looks to see
- Does it present clear and present danger?
- Is it a bad tendency doctrine
- Is it a preferred position doctrine
87Clear and Present Danger
- When speech in question clearly presents an
immediate danger, free speech in the 1st
amendment is not protected. - Led to the Espionage Act
- Can not willfully utter, print, write or publish
any disloyal profane scurrilous or abusive
language about the government during war time.
88Defamatory Speech
- Defamatory speech is not protected
- Libel
- Slander
- Libel is written
- Slander is spoken
89Fighting Words
- Supreme court ruled that comments so insulting
that they provoke immediate violence do not
constitute protected speech.
90Question
- Do students have speech rights?
91Bong Hits for Jesus
- Yes
- Courts can rule the rights are severely limited.
921st Amendment Freedom of Press
- Congress shall make no law . abridging .. the
freedom of press
93Freedom of Press
- The only way government can control press is if
it is going against National Security. - Some countries require prior restraint.
94Freedom of Press Can
Can Not
- Print political positions
- Make fun of people
- Expose wrongs in government
- Say things you may disagree with
- Intentionally injure a persons reputation by
false facts - Disclose security secrets
- Detail how to make weapons
95Question
- Does the press have the right to print
information that may influence a trial?
96Question
- Do reporters have the right to withhold sources
of information that may be important to a trial?
97Freedom of Press
- Sheppard v. Maxwell was a trial that said press
interfered with a trial. - Man found not guilty.
- This case led to many things we see with courts
today
98We now See
- Move cases to reduce publicity
- Limit the number of reporters in court room
- Placing controls on reporters conduct in the
courtroom - Isolating witnesses and jurors from press
- Having jury sequestered (kept isolated)
99Question
- Can reporters refuse to surrender evidence?
100Answer
- To date 30 states have passed shield laws.
- These laws give reporters some means of
protection against being forced to disclose
confidential information.
101Remember
- The 1st amendment does not give protection to
reporters
102Radio and TV
- FCC Federal Communications Commission
- Government agency that regulates TV and Video
- They can not regulate before they air but must
live up to certain standards. - Obscenity or indecent language
103FCC and Guidelines
- Cable TV has more protection.
- Movies are treated different. Now they have
labels - Email and Speeches on the internet are still
under strict rules.
1041st Amendment Freedom of Assembly
- Congress shall make no law abridging .. the
people to peacefully assemble.
105Freedom of Assembly Can Can
Not
- Have parade with permit
- Protest
- Parade chanting slogans
- Gang members can congregate in public
- Protest by throwing rocks and breaking windows
- Loitering
106Freedom of Assembly
- Without this, there would be no political parties
and interest groups to influence the actions of
government. - Right to assemble was as important and is as
important as the right of free speech and free
press.
107Parade
- Right to parade and demonstrate in public is
protected here yet - Can do so only under limits.
108Questions to ask
- Do they interfere with rights of others?
- Are the causes that unpopular?
- Will it lead to violence?
109- Here, the government is not against the cause but
tries to protect the citizens using the streets. - As long as they do not interfere with others
rights. - This applies to ALL GROUPS
110Picketing
- Patrolling an establishment to convince workers
and the public not to enter. - If the property is open to the public for public
use, assembly can not occur thee for their use.
111Question
- Can a citizen cross a picket line?
112- You can not issue a parade permit to keep one set
group from participating in a parade or a protest
.
113Whats it all about?
- All about preserving public order
- Not to suppress but to protect
- If assembly is peaceful, it is OK
114Question
- Does the 1st amendment protect individual rights
to join an organization that the government
considers subversive?
115Answer
1161st Amendment Freedom of Petition
- Congress shall make no law. abridging .. the
peopleto petition the government for a redress
of grievances
117Freedom of Petition
- Sue for wrong doing
- Can not be punished for exposing wrongs in
government - Courts decide the wrong
1182nd Amendment
- A well regulated militia, being necessary to the
security of a free state, the right of the people
to keep and bear arms, shall not be infringed.
119Question
- What is the intent of the 2nd Amendment?
120Answer
- To protect individuals from government powers
1212nd Amendment
- Originally was intended to prevent national
government from repeating actions that the
British had taken - took colonist guns and
weapons before revolution. - In the beginning the right to use arms was also
seen as a necessity for hunting food and forming
militia for protection.
122SO
- The 2nd Amendment means
- Right to have a firearm
- Right to a militia
- Armed force of citizens
123Question?
- Is owning a gun a civil right?
1242nd Amendment
- A civil right is a right or rights belonging to a
person by reason of citizenship. - This makes gun ownership as much a civil right as
freedom of speech, religion, and press.
1252nd Amendment
- The 2nd Amendment as written means to apply only
to the federal government. - Now it applies to states via the 14th amendment
- The 14th amendment
- No sate shall make or enforce any law which
shall abridge the privileges or immunities of
citizens of the US nor shall any state deprive
and person life, liberty, or property without due
process of the law
1262nd Amendment
- Supports right for citizens to own firearms BUT
does not prevent congress from regulating the
sell of firearms.
127- Question
- Do you need a permit to purchase a rifle or shot
gun in South Carolina? - Answer
- No
- Question
- Do you have to register a rifle or shotgun in
South Carolina? - Answer
- No
128- Question
- Is there a waiting period for the purchase of a
gun in South Carolina? - Answer
- No
- Question
- Is there a background check for the purchase of a
gun? - Answer
- Yes
- State system check
129In South Carolina a person Can not buy a gun if
he/she
- Has been convicted of a crime of violence
- A fugitive
- Drug addict/alcoholic
- Mentally incompetent
- Member of a subversive organization
130Also
- State prohibits any person under the age of 21
from possessing or acquiring a handgun. - Minimum age to possess rifles/shotguns no yet
cant sell to anyone under the age of 18
131Remember
- Unlawful to carry pistol except
- Officers, armed forces, military
- Licensed hunters and fisherman when hunting and
fishing - Person in home or fixed place of business
- Permit to purchase a handgun? No
- Permit to carry a handgun? Yes
132Quotes
- If you outlaw guns, only outlaws will have
guns? - Guns dont kill people, people kill people.
1333rd Amendment
- No soldier shall, in time of peace be quartered
in any house, without the consent of the owner,
nor in time of war, but in a manner to be
prescribed by law.
1343rd amendment
- During the colonial period, colonist were forced
to let British soldiers sleep in their homes and
eat their meals. - Colonist were outraged and upset
- The British government continued to punish the
colonist by having soldiers forced into their
homes
1354th Amendment
- The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon
probable cause, supported by oath or affirmation,
and particularly describing the place to be
searched, and the persons or things to be seized.
1364th Amendment
- Reflects the early Americans desire to protect
their privacy. - Britain used writes of assistance general
search warrants. - To guard against search and seizures, the 4th
amendment protects the right to privacy. - Requires authorities to have a specific reason to
search areas and seize evidence against people.
1374th amendment
- Police cant simply conduct a general search or
seizure hoping to find evidence - To be lawful, a search or an arrest must be based
on probable cause.
1384th Amendment
- Probable cause meaning police have reasonable
basis to believe person is linked to a crime. - Search or arrest requires a search warrant or an
arrest warrant. - Must be signed by a judge
1394th amendment
- Question
- Does a search warrant have to be specific to what
is to be looked for and where to look? - Answer
- yes
- Question
- Do you need a search warrant if you are searching
the home of a felon? - Answer
- Yes
- Must have a warrant even it felon or anonymous
tip even if the person has a gun.
1404th Amendment
- Question
- Do the police need a search warrant to search and
arrest a person they see breaking the law? - Answer
- No
- Police do not need a warrant in this case.
- Question
- Do you need a search warrant to search trash
outside the home? - Answer
- No
- Once it is outside, it is public property
1414th Amendment
- Question
- Is evidence illegally obtained able to be used in
court? - Answer
- Court established exclusionary rule.
- Any illegally obtained evidence ca not be used in
court
- Question
- Should people go free because the police made a
mistake? - Answer
- As long as the police act in good faith when they
request a warrant, the evidence they collect
maybe used in courts even if warrant wasnt
issued.
1424th amendment
- California v. Acevedo
- Man left drug house
- Police saw him walk out with bag and stopped him
as he drove off - Found Marijuana in trunk
- Found guilty yet appealed
1434th amendment
- California v. Weeks
- Led to new precedent to be used in automobile
searches - Police are free to search an automobile and the
containers within it where they have probable
cause to believe contraband or evidence is
contained.
144What rights are protected in schools?
- Limited inside schools
- School officials do not need a warrant or
probable cause to search students property. - All needed was reasonable grounds to believe a
search will uncover evidence that a student has
broken school rules.
145Question
- If a school official searches a student looking
for say tobacco and finds marijuana, are they
guilty of both?
1464th Amendment
- Answer
- Yes, they are guilty
- Student could be suspended for tobacco and drugs
and the police will be called
1474th Amendment
- Question
- Are drug test legal for those at school?
- Answer
- Yes
- If it dangers public safety