1. Unit 6Notes: Civil Rights and Liberties

2. What are the protections guaranteed in the 1st through 4th Amendments?
Unit 6 Lesson 1
Notes
What are the protections guaranteed in the 1st through 4th Amendments?

3. Rule of Law The law applies to everyone
No one is above the law, no one is exempt from the law
In the U. S. leaders take an oath that they are not above the law.

4. General Info The 1st Ten Amendments
Describe powers and rights of American citizens
Ratified in 1791
Limited Government

5. 1st Amendment: Freedom of Religion
Two safeguards:
Establishment Clause
A person has the right to practice any religion they want
Establishment Clause – Congress may not establish a national religion or favor one over another (Separation of Church and State)

6. 1st Amendment: Freedom of Speech
Guarantees to all Americans citizens the right to say what is on their mind, in public or private, without the fear of punishment
Freedom of expression
Freedom of expression – speech can now mean art, music, or clothing
Slander – saying an untruth about a person to harm their reputation
Treason – endangering our government

7. Freedom of Speech Limitations
Sedition - Advocating the overthrow of US gov’t
Clear and Present Danger
Ex: Can’t yell “Fire” in crowded movie theatre w/o cause.
Defamation – Damaging an individual’s reputation
Libel – Written Lies
Slander – Spoken Lies
Fighting Words – Words that are so offensive that they cause immediate violence (Ex: Racial Slurs)

8. 1st Amendment: Freedom of Press
Allows Americans to express their opinions in print
Limits:
Libel
Newspapers, magazines, internet, books, billboards, posters, etc.
U. S. cannot ban books even if it is alarming or offensive
Libel – printing an untruth about someone to harm their reputation

9. 1st Amendment: Freedom of Assembly
Right to peacefully assemble
Right to form organizations and clubs
Government can make rules about where or when, but cannot ban meetings / groups

10. 1st Amendment: Freedom of Petition
Right to petition (write) government to ask for a change

11. 2nd Amendment Right to serve and maintain a “well regulated militia”
“Right to keep and bear arms”
Citizens have the right to own a gun or guns
There are gun control laws (i.e. Brady Bill signed into law by Clinton)
NRA – National Rifle Association – Works to protect Americans 2nd Amendment rights to own a gun

12. 3rd Amendment Non-Quartering Amendment
Limits the power of the national government to house (quarter) troops in peacetime in American homes

13. 4th Amendment
Protects Americans against unreasonable searches and seizures
A search warrant is needed
A judge will only issue a warrant if there is a reason to believe evidence of a crime will be found
Search warrant – legal document that allows law enforcement officials to search a suspect’s home and take specific items to use as evidence

14. What individual freedoms and rights does the Bill of Rights guarantee?
Unit 6 Lesson 2
Notes
What individual freedoms and rights does the Bill of Rights guarantee?

15. 5th Amendment Must first be indicted Protects against double jeopardy
Protects against self-incrimination
Government is required to go through due process
Allows for eminent domain
indicted (formally accused)
double jeopardy – can’t be tried for the same crime twice
self-incrimination – don’t have to testify against yourself (remain silent)
No one may be denied life, liberty, or property without due process – procedures set up by law
Eminent Domain – when the government takes your property for public use
Government must pay for land
The good of the many outweighs the good of the one or the few

16. Sixth Amendment
A person accused of a crime must be told of the exact charges against them
Trial by jury
Attorney
Question witnesses
Right to a speedy and public TRIAL BY JURY

17. Seventh Amendment Guarantees a jury trial in a civil case
Dispute between 2 people when you sue for money
Amount must be $20

18. Eighth Amendment Excessive Bail Cruel and unusual
Bail – money given to assure that a person will return for a trial
The punishment must fit the crime
Capital punishment – death penalty

19. Ninth Amendment
Other rights not listed are still guaranteed by the Constitution
Freedom of choice, travel, education, etc.

20. Tenth Amendment
Any powers not given to the national government in the Constitution are RESERVED for the STATES
Prevents Congress and the President from having too much power

21. Unit 6 Lesson 3
Notes
What is due process and what rights does the accused have?
How did the Constitution change after the Civil War?

22. 11th (1795) and 12th (1804) Amendment
11th: Places limits on lawsuits against the states
12th: Revised the procedure for electing the President and Vice President

23. 13th Amendment (1865) Abolished slavery
Outlawed any type of involuntary servitude

24. 14th Amendment (1868) Equal protection amendment
Made former slaves U. S. citizens
Amendment is also called the Civil Rights Amendment
States may not pass any laws that interfere with the individual rights of citizens

25. 15th Amendment (1870) Granted African American men the right to vote
States still found ways to prevent former male slaves from voting
Poll tax – A tax you paid to vote
Intimidation – scared away voters by the threat of force

26. 16th (1913) and 17th (1913) Amendment
16th: Income taxes
17th: Voters directly elect their Senators
17th: Prior to this amendment, U. S. Senators were chosen by state legislatures

27. 18th Amendment (1917) Prohibition
Prohibits making, drinking, and selling alcohol

28. 19th Amendment (1920) Women’s suffrage and full citizenship rights
Came 50 years after African Americans received the right to vote
Unofficial name of this amendment is the Susan B. Anthony amendment

29. When Kids Get Life
The United States is one of the only countries in the world that allows children under 18 to be sentenced to life without parole.
Human Rights Watch and Amnesty International report that more than 2,000 inmates are currently serving life without parole in the United States for crimes committed when they were juveniles;
in the rest of the world, there are only 12 juveniles serving the same sentence*
*according to figures reported to the United Nations' Convention on the Rights of the Child, 2009.

30. Unit 6 Lesson 4
Notes
What protections and rights has our government guaranteed in recent years?

31. 20th Amendment (1933)
Changes the date of Congressional and Presidential terms

32. 21st Amendment (1933) Repeals Prohibition
Repeals Prohibition (18th Amendment)
Alcohol was now allowed

33. 22nd Amendment (1951) Limits the President to two terms in office
Tradition started by Washington, broken by FDR

34. 23rd (1961) and 24th (1964) Amendments
23rd: Granted the right of residents of the city of D. C. to vote in Presidential elections
24th: Made the poll tax illegal in all national elections

35. 25th Amendment (1967)
Establishes procedures for succession of the President (death of a President)
Death of a President

36. 26th Amendment (1971)
Lowered the voting age in all elections to the age of 18
Vietnam War

37. 27th Amendment (1992)
Delays Congressional pay raises until the term following its passage

38. Unit 6 Lesson 5 Notes

39. Rights of the Accused

40. Right to hear & question all witnesses
Innocent until proven guilty. Guilt must be proven beyond a reasonable doubt.
Right to appeal
Appeal (defn) – the right of a convicted person to ask a higher court to review his/her case
Appeals can only be filed if your due process of law was violated (unfair trial).

41. II. Miranda Rights Right to remain silent
Anything you say can and will be used against you in a court of law.
Right to a lawyer
If you cannot afford a lawyer one will be appointed for you.
Failure to request a lawyer at this time does not mean that you waive the right to counsel.

42. Miranda (cont.) No “right to phone call”
Most police stations will provide phone calls so that you can contact a lawyer.