Presentation on theme: "England and King George England was controlled by King George Although the colonist were no longer living in Great Britain/England, they were still under."— Presentation transcript:
England 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 wasn’t 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.
French 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.
Taxation 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.
Taxing Stamp Act – this was the 1 st 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 couldn’t 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.
Have some Tea The colonist didn’t 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
Intolerable 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.
Samuel 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.
Declaration of Independence Most famous document Thomas Jefferson drew together the ideas of thinkers such as Locke.
Purpose of Declaration of Independence To justify the revolution Put forth the founding principals of the new nation
17 The 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
Declaration 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.
19 In order to form a more perfect Union
20 Establish justice and ensure domestic tranquility
21 Provide for the common defense
22 Promote the general welfare
23 Secure the blessings of liberty
24 To ourselves and our posterity
25 Do ordain and establish this Constitution of the United States of America
26 Or 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
Richard 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
We 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.
We hold these truths to be self evident
All men are created equal
Endowed by their creator with certain unalienable rights Unalienable rights – government cannot take them away from you Nor can you surrender them
Life Liberty and the pursuit of Happiness Natural rights Inborn rights
That 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
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.
That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it The right to rebel
36 What followed the Declaration of Independence? The Constitution It has set our rule of government and how our nation would function. 36
The Bill of Rights The First 10 amendments to the Constitution
Bill 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.
The Bill of Rights These amendments placed certain limitations on the national government. Now it goes to control the state and local governments as well.
1 st 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.
1 st Amendment In other words freedom of: – Speech – Press – Petition – Assembly – Religion
42 GRAPES Grievances, Right to petition Religion, Right to no establishment of Assembly, Right to peaceful Press, Freedom of Exercise, Freedom of Religion Speech, Freedom of
Remember: The Government CAN NOT prevent individuals from freely expressing their opinions. Citizens have rights to criticize government decisions and ideas.
The 1 st 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.
Ok Let’s Break it down into 5 parts
Freedom 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
Freedom 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
Freedom 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.
Establishment 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
Freedom of Religion Constitution bans religious qualifications to hold public office. –Most government officials take oath of office in the name of God.
Freedom of Religion We see it in money
Freedom of Religion See it in License Plates
Question? Can students be transported from a public school to a parochial school? (parochial school – school operated by religious or church groups)
Answer? Yes – if it benefits the kid
Question What kind of money should be given to a church related school?
Answer? 2/3’s of states give parochial school money ranging from drivers education to lunch money. –Board v. Allen – provided secular (non religious) books to parochial schools.
3 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.
Question? Can public schools release students from school to attend classes on religious instruction?
Answer Religious programs at school –NO –Not constitutional Religious programs away from school –YES –Constitutional
Santa 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
Very heated argument Moment of silence laws have been passed by many states
Question? Can student religious groups meet at school?
Yes Equal Access Act allows publish high school receiving federal funds to permit student religious groups to hold meetings at school.
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.
Question? Can the theory and ideas of evolution be taught in school?
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.
Question Is a Nativity Scene or Christmas trees granted under freedom of religion?
Yes If the government does not buy it or sponsor it.
Question Do you have to salute the flag?
Jehovah Witness didn’t want to stand up and salute flag due to religious beliefs. Don’t salute because you don’t bow down to a graven image Court, after many appeals, said didn’t have to stand and salute
Results 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
1 st 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”
Freedom of Speech There are 2 types of speech –Pure speech –Symbolic speech
Freedom of Speech Pure Speech is the verbal expression of thought and opinion before an audience that has chosen to listen.
Freedom of Speech Symbolic Speech is actions and symbols used instead of words. –It involves actions – burning draft cards and flags in protest.
Under Freedom of Speech in the 1 st 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 don’t agree with
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
Freedom of Speech CAN NOT endanger public safety
Question Is burning draft cards illegal?
Burning Draft Cards Court ruled that burning draft cards is illegal. The cards are representing the armed forces in times of war
Freedom of Speech Suggestion in response was to wear black arm bands. Arm bands were worn in protest. This was known as symbolic speech.
Question Is burning the American flag illegal?
Flag Burning No Unpatriotic but not illegal. Texas v. Johnson ruled flag burning was protected under symbolic speech.
Outlaw what? States and legislatures have outlawed seditious speech This means any speech urging resistance to lawful authority or advocating the overthrow of government.
Question How far can the government go?
The government looks to see Does it present clear and present danger? Is it a bad tendency doctrine Is it a preferred position doctrine
Clear and Present Danger When speech in question clearly presents an immediate danger, free speech in the 1 st 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.
Defamatory Speech Defamatory speech is not protected – Libel – Slander Libel is written Slander is spoken
Fighting Words Supreme court ruled that comments so insulting that they provoke immediate violence do not constitute protected speech.
Question Do students have speech rights?
Bong Hits for Jesus Yes Courts can rule the rights are severely limited.
1 st Amendment Freedom of Press Congress shall make no law …. abridging ….. the freedom of press
Freedom of Press The only way government can control press is if it is going against National Security. Some countries require prior restraint.
Freedom 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
Question Does the press have the right to print information that may influence a trial?
Question Do reporters have the right to withhold sources of information that may be important to a trial?
Freedom 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
We 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)
Question Can reporters refuse to surrender evidence?
Answer To date 30 states have passed shield laws. These laws give reporters some means of protection against being forced to disclose confidential information.
Remember The 1 st amendment does not give protection to reporters
Radio 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
FCC and Guidelines Cable TV has more protection. Movies are treated different. Now they have labels and Speeches on the internet are still under strict rules.
1 st Amendment Freedom of Assembly Congress shall make no law … abridging.. the people to peacefully assemble.
Freedom 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
Freedom 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.
Parade Right to parade and demonstrate in public is protected here yet –Can do so only under limits.
Questions to ask Do they interfere with rights of others? Are the causes that unpopular? Will it lead to violence?
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
Picketing 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.
Question Can a citizen cross a picket line?
You can not issue a parade permit to keep one set group from participating in a parade or a protest.
What’s it all about? All about preserving public order Not to suppress but to protect If assembly is peaceful, it is OK
Question Does the 1 st amendment protect individual rights to join an organization that the government considers subversive?
1 st Amendment Freedom of Petition Congress shall make no law…. abridging.. the people…to petition the government for a redress of grievances
Freedom of Petition Sue for wrong doing Can not be punished for exposing wrongs in government Courts decide the wrong
2 nd 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.
Question What is the intent of the 2 nd Amendment?
Answer To protect individuals from government powers
2 nd 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.
SO: The 2 nd Amendment means: –Right to have a firearm –Right to a militia Armed force of citizens
Question? Is owning a gun a “civil right”?
2 nd 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.
2 nd Amendment The 2 nd Amendment as written means to apply only to the federal government. Now it applies to states via the 14 th amendment The 14 th 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”
2 nd Amendment Supports right for citizens to own firearms BUT does not prevent congress from regulating the sell of firearms.
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
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
In 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
Also State prohibits any person under the age of 21 from possessing or acquiring a handgun. Minimum age to possess rifles/shotguns – no yet can’t sell to anyone under the age of 18
Remember 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
Quotes “If you outlaw guns, only outlaws will have guns?” Guns don’t kill people, people kill people.
3 rd 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.
3 rd 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
4 th 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.
4 th 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 4 th amendment protects the right to privacy. Requires authorities to have a specific reason to search areas and seize evidence against people.
4 th amendment Police can’t 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.
4 th 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
4 th 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.
4 th 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
4 th 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 wasn’t issued.
4 th 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
4 th 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.
What 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.
Question If a school official searches a student looking for say tobacco and finds marijuana, are they guilty of both?
4 th Amendment Answer –Yes, they are guilty –Student could be suspended for tobacco and drugs and the police will be called
4 th Amendment Question –Are drug test legal for those at school? Answer –Yes –If it dangers public safety