Rights of the Citizens

Name ______

Clear Learning Target -

•Rights of the Citizens

•Section 1

•CREATING A BILL OF RIGHTS:

–The original ______did not contain a bill of rights.

–The founding fathersbelieved that they had protected the ______of citizens by limiting the government’s power

•ANTI-FEDERALISTS

–THE ANTI-FEDERALISTS

•The ______believed that the Constitution gave too much power to the ______government

•They were troubled by the fact that there was no ______to protect citizens.

•Feared ______of the ______.

•______promised to use the ______process to add a bill of rights

•The new government went into effect in ______.

–PROPOSALRATIFICATION

•Madison believed that the Bill of Rights would be a symbolthat ______was listening to the citizens

•______amendments were proposed them to the states.

•The states passed the ______amendments that protected the rights of citizens.

•amendments that did not pass

–limit the size of ______

–limit when Congress could raise its ______.

•THE AMENDMENT PROCESS

»______(official suggestion)

»a ______vote of both houses of congress or

»a ______called by 2/3 of the states (this has never been done)

»RATIFICATION

»a ¾ approval of states ______

»a ¾ approval of special state ______conventions

Objectives

1. Explain why the Constitution originally did not have a bill of rights.

______

2. Explain why the Anti-Federalists called for a bill of rights.

______

3. Explain how the Constitution can be amended.

______

•Rights of the Citizens

•Section 2

•Bill of Rights

BASIC FREEDOMS: The first ______amendments to the Constitution were added to protect the rights of American Citizens.
THE ______
THE ______AMENDMENT
FREEDOM OF ______
“Congress shall make no law respecting an establishment of religion…” This is usually seen as the separation of church and state.
“…or abridging the free exercise thereof…”
FREEDOM OF ______
This allows for criticism of the government.
This protects one’s right to hold unpopular ideas.
However, speech may not libel or cause “clear and present danger.”
FREEDOMS OF ______, ______, AND ______

Objectives

4. What is the purpose of the Bill of Rights? Focus on explaining the importance of majority rule and minority rights.

______

•Rights of the Citizens

•Section 3

THE ______AMENDMENT: Guar-antees the “______.” Some point to the “______” to support gun control.
THE ______AMENDMENT: ______, no individual can be forced to house or supply the military except in time of war.
THE ______AMENDMENT: Forbids ______of ______, ______, and ______without a ______or ______.
THE ______AMENDMENT: Rights of the accused and property.
One can not be brought to trial unless indicted by the ______.
Bans ______.
Prevents ______, being tried for the same crime twice.
Protects property can not be taken except in the case of ______and as the result of due process of law.
THE ______AMENDMENT: Rights of the accused. These rights are sometimes called ______or ______.
a ______trial
a trial by ______
must be ______
the right to ______or witnesses and have own witnessesright to ______ (“…to have the assistance of counsel for his defense.”)

5. Summarize the significance of the right to bare arms, a search warrant, probable cause, self incrimination, right to property, and eminent domain.

______

•Rights of the Citizens

•Section 4

•6th Amendment

•THE ______AMENDMENT: Rights of the ______. These rights are sometimes called habeas corpus or ______.

–a speedy ______

–a trial by ______

–must be informed of ______

–the right to face and question ______or witnesses and have own ______

–right to ______(“…to have the assistance of counsel for his defense.”)

•7th Amendment

•THE ______AMENDMENT: Trial by ______.

•8th Amendment

•THE ______AMENDMENT: Bans ______.

•9th Amendment

•THE ______AMENDMENT: People ______held at the time of the Constitution.

•10th Amendment

•The ______AMENDMENT: States maintain all rights not ______of states.

Objectives

6. Summarize the rights of the accused, right to a civil trial by jury, ban on cruel and unusual punishment.

______

7. Explain what is meant by “un-named rights”.

______

8. Define states rights.

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9. Explain how the rights of citizens may be regulated, but not denied.

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Guided Reading Activity

p. 131-139

1. Describe the 2 methods that may be used to propose and to ratify an amendment.

2. Summarize the debate in Congress over the Bill of Rights.

3. Describe how the Bill of Rights became part of the Constitution.

4. Define separation of church and state:

5. Define eminent domain:

6. Define due process of law:

7. Define double jeopardy:

8. List the freedoms that are protected in the 1st amendment.

9. Summarize the amendments that protect against abuse of power by the government.

10. Explain how the rights of the accused are protected by the Bill of Rights.

11. Describe the rights protected by the 9th and 10th amendment.

•Rights of the Citizens

•Section 5

•INTERPRETING THE BILL OF RIGHTS:

•Since the Constitution does not spell many things out in detail, how do we know what the law actually is? This is often the role of the Supreme Court.

•GIDDEON v. WAINWRIGHT (1963)

–Clarence Giddeon was ______.

–The court ruled that this ______.

•MIRANDA v. ARIZONA (1966)

–______was arrested on kidnapping and rape charges.

–Miranda had been questioned, confessed, and signed a written statement.

–The Court ruled that without being told that he had ______; his ______could not be used in his trial.

–This violated his ______.

•TINKER v. DES MOINES (1969)

–Mary Beth and John Tinker wore ______to school in protest of the ______.

–The School ______the arm bands.

–The Court ruled that since the arm bands did not disrupt classes or interfere with the rights of other students, the action was protected as freedom of speech.

•NATIONAL SOCIALIST PARTY v. SKOKIE, IL (1977)

–A neo-______(in uniform) applied for a permit to hold a parade in Skokie, a town with a large ______population.

–The city told them they needed $350,000 in ______in order to obtain the permit.

–The Nazis then planned a protest of the insurance requirement, the county court banned ______that promoted ______.

–The Illinois ______upheld the county’s ruling.

–The Supreme Court ordered Illinois to review the earlier decisions.

–The Court ruled that:

»The ______was too much, and therefore ______free speech and assembly.

»The law had not been applied ______. The uniforms and swastika could not be banned even though they may be seen as “______.” This may be used to stop other groups.

»______won, the case, but choose to hold their rally in ______. Thousands came out against them, but a heavy police presence prevented any violence.

•Doe v. Renfrow (1980)

–During a drug search by ______, Diane Doe’s ______became suspect. It was searched and nothing found.

–When the dog continues barking at her, she was taken to the nurse’s office and a ______was conducted.

–The Court ruled that…

»the dog search was ______as the school was acting in ______

»the strip search ______Doe’s rights against and unreasonable search, a warrant was needed.

•NEW JERSEY v. TLO (1985)

–A teacher discovered two girls ______in a lavatory. The teacher took the students to the office to meet with the assistant principal.

–The assistant principal questioned T.L.O.'s companion who ______to smoking. T.L.O deniedsmoking.

–The assistant principal asked demanded to see her purse. He found a pack of cigarettes. He then noticed rolling papers in the purse and proceeded to dig through the purse. The search turned up a marijuana pipe, plastic bags, substantial amount of money, an index card with students who owed T.L.O. money and two letters that implicated T.L.O. in marijuana dealing.

–T.L.O. claimed that the search was ______since there was no ______.

–The Court ruled the search was ______since in was …

»conducted by a ______official, not a police officer.

»that schools need only “______,” not “probable cause.”

•HAZELWOODV. KUHLMEIR (1988)

–The ______class wanted to publish a story on ______. The principal vetoed the story.

–The Court ruled that schools can serve as the ______on student publications and school activities as long as their actions are reasonable.

Objectives

10. Define judicial review and explain relevance and connection of constitutional principles in the following cases (In other words, explain how and why did the Court rule as it did?): Giddeon v. Wainwright, Miranda v. Arizona, Tinker v. Des Moines, the National Socialist Party v. Skokie, Doe v. Renfrow, New Jersey v. TLO, and Hazelwood v. Kuhlmeir.

______

11. Explain how loco parentis and reasonable suspicion relate to the rights of students.

______

Guided Reading Activity

p. 140-145, 151-157

Describe the role of courts in settling disputes over citizen’s rights.
Summarize the Supreme Court’s decision in the Tinker case.
Review both sides of the Skokie case, and describe the Court’s decision.
Describe the continuing challenge of citizens in protecting our own rights.
Define suffrage:
Explain how the laws concerning slavery have changed since the signing of the Constitution.
Describe the amendments that insured the right to vote for African Americans.
Summarize women’s struggle for the right to vote.
Explain why the voting age was lowered to 18.
Describe how the amendment process gives Americans a voice in their government.

Rights of the Citizens

•Section 6

•SCOTT v. SANFORD (1857)

•CHANGING THE LAW OF THE LAND

–SCOTT v. SANFORD (1857)

•Dred Scott was a slave owned by an Army doctor. He was taken into the ______ Territory.

•The ______banned slavery in the northern part of the Louisiana Territory, Scott claimed that made him free.

•THE COURT’S RULINING

»Slaves were ______and therefore could not sue in court.

»The Missouri Compromise was ______since it violated the property rights of slave owners.

•CIVIL RIGHTS AMENDMENTS

–THE CIVIL RIGHTS AMENDMENTS

•THE 13th AMENDMENT (1865) ______.

•THE 14th AMENDMENT (1868) granted ______.”

•THE 15th AMENDMENT (1870) Granted ______.

•EXPANSON OF RIGHTS

–THE EXPANSON OF RIGHTS

•THE 19th AMENDMENT: ______is granted.

•THE 24th AMENDMENT: Banned ______and the ______.

•THE 26th AMENDMENT: ______is granted.

•SEGREGATION & EQUALITY: Equal Protection

•PLESSY v. FERGUSON (1896)

»Homer Plessy claimed New Orleans’ segregated transportation violated his ______.

»The Court held that it did not as long as the segregation was “______.”

•BROWN v. BROAD OF EDUCATION OF TOPEKA (1954)

•BROWN v. BOARD OF EDUCATION OF TOPEKA (1954)

»Linda Brown was denied admission to the white school.

»______argued that this violated her ______right of “equal protection.”

»The Court ruled that “______.”

•EQUALITYAFFIRMATIVE ACTION

•PHILLIPS V. MARTIN MARIETTA CORP. (1971)

»Ida Phillips applied and was denied a job because she had two children.

»She argued that the company had ______, one for men and one for women.

»The Court ruled in her favor saying the two standards ______against women.

•UNIVERSITY OF CALIFORNIA V. BAKKE (1978)

»Allan Bakke applied for ______into med school.

»On two occasions he was denied admission due to the school’s ______policy. On each occasion, minority students with lows GPA’s and test scores were admitted.

»The Court ruled that….

»it was ______for an admissions program to discriminate against whites only because of their race.

»However, ______could be one of several factors considered for admission.

Objectives

12. Summarize the facts and ruling of Scott v. Sanford.

______

13. Explain how the 13th, 14th, 15th, 19th, 24th, and 26th Amendments have expanded the civil rights of American citizens.______

14. Summarize the facts and rulings of Plessy v. Ferguson and Brown v. Topeka Board of Education. Focus on how the government’s view of basic rights has changed as a result of these cases.______

15. Summarize the facts and Rulings of Phillips v. Martin Marietta Corp. and University of California v. Bakke. Focus on how the government’s view of basic rights has changed as a result of these cases.______

•U.S. Constitution:
The Preamble

•Preamble to the U.S. Constitution

•The Preamble to the United States Constitution is a brief ______of the fundamental purposes and guiding principles that the ______is meant to serve. In general terms it states, and courts have referred to it as reliable evidence of, the Founding Fathers’ intentions regarding the Constitution's meaning and what they hoped it would achieve

•“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure 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 for the United States of America.”

•U.S. Constitution:
The Articles

•Article 1

•______

•Article 2

•______

•Article 3

•______

•Article 4

•______

•Article 5

•______

•Article 6

•______

•Article 7

•______

•U.S. Constitution:
The Amendments

•1st Amendment

•______

•2nd Amendment

•______

•3rd Amendment

•______

•4th Amendment

•______

•5th Amendment

•______

•6th Amendment

•______

•7th Amendment

•______

•8th Amendment

•______

•9th Amendment

•______

•

•10th Amendment

•______

•11th Amendment

•______

•12th Amendment

•______

•13th Amendment

•______.

•14th Amendment

•______

•15th Amendment

•______

•16th Amendment

•______

•17th Amendment

•______

•18th Amendment

•______

•19th Amendment

•______

•20th Amendment

•______

•21st Amendment

•______

•22nd Amendment

•______

•23rd Amendment

•______

•24th Amendment

•______

•25th Amendment

•______

•26th Amendment

•______

•27th Amendment

•______

•John Locke

•His political philosophy influenced the American Revolution the most. To exemplify this, recall Thomas Jefferson's famous phrase from the Declaration of Independence: "Life, Liberty, and the pursuit of Happiness". This phrase actually appeared in the writings of Locke in his Two Treatises on Government where he says "no one ought to harm another in his life, health, liberty, or possessions." Jefferson changed the last condition from "possessions" (or "estate") because he feared people would claim they have the right to the property of others, so he claimed people have the right to pursue that which makes them happy. Locke also believed in the following political and philosophical principles: (1) government is required to protect people's natural rights, (2) government should have limited power, (3) the type of government should be accepted by all citizens, (4) absolute monarchy is immoral, (5) government has an obligation to those it governs, and (6) people have the right to overthrow government if the it fails its obligations or takes away natural rights (revolution).

•Montesquieu

•The Spirit of the Laws described checks and balances on government by dividing the functions of power between three separate branches of government to protects liberty. One can see his ideas about separation of governmental powers reflected in the United States Constitution with the separate branches of government: the legislative, judiciary, and the executive.

•Jean-Jacques Rousseau

•In The Social Contract, written in 1762, Rousseau states that (1) man is born free, (2) controls by a freely formed government are good, (3) consent to a form of governments means that the individual gives up self-interest in favor of the common good, and (4) when government is by the consent of the governed the people retain their rights. Jefferson makes implicit reference to Rousseau when in the Declaration of Independence, he states that the King of England no longer has the consent of the colonists which he rules and therefore his power over them is nullified.