A Constitutional Rights Activity The Invaders A Constitutional Rights Activity

What is a right?

Where are our rights listed? The Florida Constitution

What is the purpose of a Constitution? States how the government is organized and its functions Lists some (but not all) of our rights Limits the powers of government

Who does the Constitution protect us from?

What are the first 10 amendments to our US Constitution called?

Who makes sure our rights are protected?

How It Works Rights are granted by the Constitution, and the Constitution is protected by the Courts. Granted by Protected by

Let’s look at some of the rights in our US Constitution

Freedom of Speech

Amendment 1 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 to peaceably assemble, and to petition the Government for a redress of grievances.

Should speech ever be limited? Speech: the communication or expression of thoughts to convey a message Should speech ever be limited? FIRE!

Right to Bear Arms

Amendment 2 A well regulated Militia, being necessary to the security of the free State, the right of the people to keep and bear Arms, shall not be infringed.

When is the use of guns NOT okay? Should people even be allowed to use guns? What does the Second Amendment say about it?

Right to Legal Counsel

Amendment VI 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 favor, and to have the assistance of counsel for his defense.

Assistance of Counsel: the right to be represented by a lawyer during a criminal case Gideon v. Wainwright (1963) Mr. Gideon was charged with a felony but did not have money for a lawyer. He felt it was unfair and asked for a free lawyer. The US Supreme Court agreed that in order to have a fair trial, poor defendants needed a lawyer.

Right to protection from cruel and unusual punishment

Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Cruel & Unusual: Involving torture or a lingering death; barbarous; inhuman; involving the unnecessary and wanton infliction of pain Back in the 1700s, people received cruel and unusual punishment for breaking the law. What kind of behavior do you think would be cruel and unusual?

Freedom of the Press

Amendment 1 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 to peaceably assemble, and to petition the Government for a redress of grievances.

Do you think the press should have some limits? Press: The media and any other organizations that print, broadcast, or gather and transmit news. Do you think the press should have some limits? If so, why?

Right to Jury Trial

Amendment VI 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 favor, and to have the assistance of counsel for his defense.

Jury: a group of persons selected and sworn to give a decision/verdict based on facts in a legal case Jury Trial: a trial before a jury of one’s peers (equals) What are the problems with having a jury trial? What are benefits of having a jury trial?

Freedom of Religion

Amendment 1 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 to peaceably assemble, and to petition the Government for a redress of grievances.

Establishment clause: Congress may not establish (set up) an official religion for our country or favor any one religion over others Free exercise clause: Congress may not stop you from holding any religious beliefs you choose or from having no religious beliefs at all; the government cannot unfairly limit your right to practice your religion

“Wall of separation” between church and state ~Thomas Jefferson

Right to Peaceably Assemble

Amendment 1 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 to peaceably assemble, and to petition the Government for a redress of grievances.

Peaceably: Not violent; calm Assemble: To bring together or to gather in one place

Where do you have the right to assemble? Street Park Sidewalk What are possible limitations? Time Place Manner

Protection from Self-Incrimination

Amendment V 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 offense 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.

I want to plead the Fifth. Self-incrimination: Testifying against yourself; being compelled by the government to provide evidence or factual information that connects you to an offense (crime).

Right to protection from unreasonable searches and seizures

Amendment IV 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 of affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Search: To go or look through carefully to find something Seizure: The taking of a person, an item, or property

Important Issues Warrants Probable Cause Exclusionary Rule Warrant: allows search and seizure of property, items, etc. Police officers who want a warrant have to give enough facts to convince the judge there is probable cause. Prevents the government from using evidence at trial that was gathered illegally. Enough evidence to reasonably believe that an illegal act is being or has been done. Exceptions: Warrants are not always required depending on the circumstances. Fruit of the poisonous tree