Presentation on theme: "Chapter 14.1 Protecting Individual Rights"— Presentation transcript:
1Chapter 14.1 Protecting Individual Rights As we know by now, the Bill of Rights protects our individual freedoms!However, how exactly does our government protect our freedoms?
2Due Process Due process A governments duty to follow fair procedures set by law when carrying out government functions.2 Types of Due ProcessProcedural due processGovernment must apply a law fairly and according to that law and its rules.Substantive due processGovernment must ask if the law that must be applied is fair to the citizen.
3Why do we have due process protection? 5th Amendment of U.S. Constitution“No person shall be deprived of…life, liberty, or property without due process of law.Does anything else in the Constitution protect us concerning due process?
4Gitlow vs. New YorkS. Ct ruled that though Mr. Gitlow published articles against the government, the 14th Amendment should have applied to his newspaper companyNo state has right to take away life, liberty, or property without due process.
5So why do we have due process? To limit the government’s police powerIt’s authority to enforce laws ‘to protect’ the public.What, you can’t trust police?
6Security at Home Mapp vs. Ohio 4th AmendmentProtects citizens against illegal search and seizuresWhat does this mean?Police can not search your house without search warrantDocument signed by judge that allows police to search private property.NEED PROBABLE CAUSE!!
7Mapp vs. OhioEven though Ms. Mapp had “obscene materials” that were illegal,They were obtained illegally by police without search warrant.Exclusionary ruleEvidence that can’t be used against you in court if obtained without a warrant.
8What about gun rights? U.S. Constitution Ohio Constitution 2nd Amendment“…the right of the people to keep and bear arms shall not be infringed.”Ohio Constitution18-20 year oldsCan own rifles and shotguns21 and olderCan own any guns including hand guns.
9What can’t I do with a gun in Ohio? Carry and Conceal LicenseOnly offered under specific guidelines.Has limitations as to where you can take your gun.Also limits whether or not you can have it loaded.
10Security and Private Communication Can your phone be listened in on?1967S.Ct says NO!!! It is illegal!Dealing with anti government rallies because of Vietnam2001S. Ct says yes!!! It is legal!Dealing with 9/11 (PATRIOT ACT)
11Right to privacy?U.S. Constitution does not really say anything about personal privacy.What does the S.Ct say?Roe vs. WadeS. Ct ruled that women have the right “of privacy” over their bodies in consideration of pregnancy until 3d trimester (around 6 months).Other than that, the S. Ct hasn’t said much else….
12In the military…. What about “Don’t ask, don’t tell?” So far, the ruling by the UCMJ is that you can not be openly gay in the military.Considered “a hazardous distraction to the overall objective”UCMJUniversal Code of Military JusticeCourt system of the military.
14So, as a review…. 1st Amendment 2nd Amendment 4th Amendment Freedom ofSpeechPressAssemblyReligionPetition2nd AmendmentRight to bear arms4th AmendmentIllegal search and seizure5th AmendmentDue process guaranteed at federal level.14th AmendmentDue process guaranteed at state level.
15Good ol’ homework…. Pg. 325, #4 Question: 1 page at least 2 reasons why or why notQuestion:The right to privacy is not specifically guaranteed in the Constitution. Do you think it should be?Consider:Internet sites such as Facebook, MySpace, Twitter, blog sitesCell phone useBeing gay or lesbian in military