Presentation on theme: "Agenda for December 5, 2014 Collect paragraph Begin 3.4 Slide show."— Presentation transcript:
Agenda for December 5, 2014 Collect paragraph Begin 3.4 Slide show
Chapter 3 A Look at the Constitution Amendments 2-10
Don’t be “that guy”! Today we will begin our study of Amendments 2-10 and discuss the issues they raise.
What are the Bill of Rights? The first ten amendments Written to limit the power of the federal government Guarantee rights of the people Written by James Madison as a concession to the Anti-federalists
The Second Amendment Protects people’s right to posses arms (weapons) and to form a militia (Citizen army) Inspired by Revolutionary War – British soldiers confiscated guns during war Brady Handgun Violence Prevention Act (1994) – Requires a 5 day waiting period to buy a handgun & background check – Convicted criminals, minors, illegal immigrants, drug abusers cannot legally buy a gun – President Clinton signed Federal Assault Weapons Ban Act in 1994 Banned semi automatic and automatic guns Expired in 2004 Sandy Hook Elementary School shooting renewed gun control debate – 20-year-old Adam Lanza fatally shot 20 children and 6 adult staff members on December 14, 2012, in Newtown, Connecticut 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.
Let’s Review Ticket In 1.Author of Declaration of Independence 2.Author of Constitution 3.Government before the Constitution 4.How can the Constitution be changed? 5.# of Amendments 6.Name for 1 st 10 Amendments 7.5 freedoms of the 1 st Amendment 8.What does the 2 nd Amendment do?
The Third Amendment Prohibits government from forcing people to provide a room for soldiers in their homes Inspired by Revolutionary War – British soldiers lived in billeted in private homes – Meant to save money and intimidate people Third 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
The Fourth Amendment Prohibits government from unreasonable searches and seizures Requires police to have a warrant signed by a judge Warrant must specifically state what is being searched – Exceptions Something illegal that is in “Plain view” Exigent (urgent) circumstance – In evidence would be destroyed in time to get a warrant » Breathalyzer test Warrant must be based on probable cause – a reasonable amount of suspicion Inspired by Revolutionary war – British soldiers searched homes of colonists The Fourth 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
Let’s ReReview 1.Name for 1 st 10 Amendments 2.What event inspired many of the Bill of Rights? 3.5 freedoms of the 1 st Amendment 4.What does the 2 nd Amendment do? 5.What does the Brady Act (1994) require? 6.3 rd ? 7.4 th ? 8.What does the term “Plain view” mean? 9.What must the police have in order to obtain a warrant?
The Fifth Amendment Requires that all citizens be given “due process” – Protects people against unfair treatment in legal processes Requires “infamous crimes” be tried only upon indictment by a grand jury – “Infamous” refers to crimes 'punishable by imprisonment Prohibits Double Jeopardy – Can not be tried for same crime more than once Prohibits Self Incrimination – Can not be forced to take the stand – serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances Eminent Domain – States have the power to take private property for "public use“ Building I-95 – Must provide “just compensation” Amendment Five No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.nor
Agenda for Today Review Amendments 1-5 Amendment 6-10 My Cousin Vinny Homework Study Chapter 3 wksts. (3.1 to 3.4)
Review What does taking the 5 th mean? (Remember Chapelle) Has the Constitution ever been changed or altered? How? What is “due process”? What is the Supremacy Clause of Article VI? What is eminent domain? What are the requirements to be the president? What does the 4 th Amendment prohibit? What are the 5 freedoms of the 1 st ? What Amendment does the Brady Bill involve?
The Sixth Amendment Guarantees rights of the accused – Speedy trial Prevents accused from being thrown in jail indefinitely – Public trial Prohibits secret trials Some states allow trials to be broadcast on TV – Impartial jury of peers Those in judgment must be fair and unbiased and from same community Voir Dire – procedure before trial where lawyers reject certain juror candidates based on potential for being bias Voir Dire – Right to know the crime accused Prosecution must list precisely the crime – Question witnesses May cross examine witnesscross examine witness – Call witness for defense – Obtain advice of lawyer Begins when accused becomes prime suspect Amendment Six In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense
The Seventh Amendment Guarantees a jury trial in a Civil lawsuit – Civil lawsuit involved a disagreement between two or more parties – If found guilty the punishment would involve money, not prison Amendment Seven In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law
The Eighth Amendment prohibiting government from imposing excessive bail, excessive fines or cruel and unusual punishments, including torture – Excessive bail and fines Must be in proportion to crime accused of or committed – Cruel and Unusual Defined as punished that are Torture, arbitrary, uncivilized, unnecessaryuncivilized death penalty constituted cruel and unusual punishment if the defendant is under age 16 Amendment Eight Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Today’s Agenda Finish Bill of Rights (9-10) Review Packet My Cousin Vinny Homework – Start Studying for Chapter 3 Test – Rescheduled for Tuesday December 23, 2014
The Ninth Amendment Protects rights of people not specifically listed in the Constitution – Can involve issues such as the Right of privacy Right to diedie – Terri Schiavo Case Legalization of marijuana Right of foods you can eat Amendment Nine The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
The Tenth Amendment Guarantees rights of the states Expresses the principle of federalism – Idea that Federal and State governments share powers – Most government is done by state governments Marriage laws Marijuana laws Licensing laws Nullification – Some states have claimed right to cancel federal laws – Supremacy Clause supersedes 10 th Amendment Amendment Ten The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.