United States Constitution

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United States Constitution
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Background

•  Is the supreme law of the land of the United
  States of America
• The first three Articles of the Constitution
  establish the rules and separate powers of the
  three branches of the federal government a
  legislature, an executive branch, and a federal
  judiciary headed by the Supreme Court.
• The President nominates new members to the
  Supreme Court, but the Senate must approve the
  nomination by a majority vote. This is part of
  the system of checks and balances that is
  supposed to prevent abuse of power. 

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United States ConstitutionThe Bill of
RightsThe First 10 Amendments to the Constitution
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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??
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1st Amendment

• The 1st Amendment guarantees freedom of religion,
  speech, the press, assembly, and petition.
• This means that we all have the right to
• practice any religion we want to
• to speak freely
• to assemble (meet)
• to address the government (petition)
• to publish newspapers, TV, radio, Internet
  (press)

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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 deigning a student free exercise.

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'I pledge allegiance to the Flag of the
United States of America for which it stands, one
nation, indivisible, with liberty and justice for
all.
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Establishment clause-Government Cans 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

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Free ExerciseThe personCan 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

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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

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Freedom of the press-the pressCan 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

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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

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2nd Amendment

• The 2nd Amendment protects the right to bear
  arms, which means the right to own a gun.

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• Some people believe that the government is the
  enemy, and citizens must continue to protect
  themselves.
• Some believe that the level of violence is so
  high in the United States because the number of
  guns available is too high, and too many people
  have guns.
• There is a popular saying that, "If you outlaw
  guns, only outlaws will have guns." Another
  popular saying is, "Guns don't kill people,
  people do."

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3rd Amendment

• The 3rd Amendment says 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.
• This means that we cannot be forced to house or
  quarter soldiers.

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4th Amendment

• The 4th Amendment protects the people from
  unreasonable searches and seizures.
• This means that the police must have a warrant to
  enter our homes. It also means the government
  cannot take our property, papers, or us, without
  a valid warrant based on probable cause (good
  reason).

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5th Amendment

• The 5th Amendment protects people from being held
  for committing a crime unless they are properly
  indicted, (accused)
• You may not be tried twice for the same crime
  (double jeopardy)
• You dont have to testify against yourself in
  court. (Self-incrimination)

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6th Amendment

• The 6th Amendment guarantees a speedy trial (you
  cant be kept in jail for over a year without a
  trial)
• an impartial jury (doesnt already think you are
  guilty)
• that the accused can confront witnesses against
  them
• the accused must be allowed to have a lawyer

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7th Amendment

• The 7th Amendment guarantees the right to a
  speedy civil trial.
• A civil trial differs from a criminal trial. A
  civil trial is when someone sues someone else. A
  criminal trial is when the state tries to convict
  someone of a crime.

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8th Amendment

• The 8th Amendment guarantees that punishments
  will be fair and not cruel, and that
  extraordinarily large fines will not be set.

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9th Amendment

• All rights not stated in the Constitution and not
  forbidden by the Constitution belong to the
  people.
• This means that the states can do what they want
  if the Constitution does not forbid it.

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10th Amendment

• The 10th Amendment states that any power not
  granted to the federal government belongs to the
  states or to the people.
• Examples The states determine the rules for
  marriages, divorces, driving licenses, voting,
  state taxes, job and school requirements, rules
  for police and fire departments.

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Discussion

• With a partner, which of the first 10 Amendments
  do you believe is most important? Why?
• Class discussion Are you willing to forfeit any
  of these rights? Which one?

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Bill of Rights

• You are an influential leader and must craft a
  Bill of Rights for your country
• Name your country and briefly describe it
• Create a Bill of Rights and provide a brief
  rationale for each one
• Present to the class (tomorrow)
• Utilize the paper roll and markers up front to
  make them poster-sized