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1 Civil Liberties Civil Rights Protections against government interference in your life. Positive government actions to make constitutional guarantees a reality for everyone. Freedoms of speech, press, religion, etc. Voting Rights The English colonists in America had their own ideas about how government should be. They gained these ideas from English history and several important documents 3 The Bill of Rights was not included in the original Constitution They were introduced by James Madison in 1789, during the first Congress The first ten amendments were ratified on December 15, 1791 4 1. 2. 3. 4. Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly 5. Right to petition the government 5 “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof…” Two clauses: • Establishment clause: • Government cannot favor one religion over another • Free Exercise clause: • Government cannot restrict rights to worship 6 In schools, the religion issue is most prevalent . For example: If a student raises his hand and says “teacher, can we say an opening prayer before this test” If the teacher says: “Yes” It looks like establishment of religion “No” It is denying a student free exercise. 7 Teach about religions in school Allow voluntary prayer Transport students to a religious school Read Bible for culture or literacy content Set a state religion Government cannot order a prayer Break the law: (e.g. have more than one wife - or husband) Pay seminary teachers Teach creationism as doctrine 8 Choose to believe any religion Lead a prayer in most examples Ask questions about religions Worship who/where ever you choose Break the law and claim it is religious belief Raise children without education Deprive children of basic needs 9 “Congress shall make no laws . . . abridging the freedom of speech” 10 Say any political belief Protest (without getting out of control) Say true things about someone Burn the flag Speak racist and hate slogans 11 Threaten to blow up airplanes, schools or the president Sexual harassment Create "too much" social chaos Extremely crude language in a public form Disrespectful, vulgar language in schools Hate crimes 12 Congress shall make no law... abridging... the freedom of the press.” 13 Print any political position Make fun of people, especially politicians Expose wrongs by the government Libel: Intentionally injuring a person’s reputation through false written statements Disclose defensesecurity secrets Detail how to make a certain weapons 14 • Do you think the limits placed on free speech are a good or bad idea? Why? Congress shall make no law… Abridging … The people to peaceably assemble” 16 Protest Parade (with a permit) Parade chanting hate slogans Gang members can congregate in public Protest by throwing rocks and breaking windows Hang out on private land against owners will (loitering) Teen curfew 17 “Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances” 18 You may sue the government for wrongs You cannot be punished for exposing wrongs by the government The courts decide 19 “A wellregulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.” 20 How much should the government do keep guns from criminals and youth? In order to keep guns away from criminals, should that limit the right of law abiding citizens? A .50 caliber rifle: The largest weapon 21 Americans may lawfully own without a special permit. Thousands of people die every year from gun violence. Thousands of crimes are prevented every year because of gun ownership. 22 Assessment • Are you in favor or against the second Amendment? Why? • Do you think there should be any restrictions on the types of weapons Americans own? Explain why or why not. 23 "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 Government cannot force you to shelter soldiers in your home without your consent in times of war or peace. 24 What does an officer of the law need in order to search your home? Probable cause AND A warrant given to him by a judge 25 You cannot be tried for the same crime twice (“Double Jeopardy”) You do not have to testify against yourself. “I plead the fifth” You have due process of law before you are convicted Due Process means the government must act fairly and in accord with established rules at all times The government cannot take your land unless it pays (eminent domain) 26 Right to speedy trial by impartial jury in criminal trials (does not favor either side) You must be told of the charges against you (habeas corpus) You must be provided a lawyer if you cannot afford one 27 Right to an impartial jury in federal civil trials Extends the right to a jury trial to federal civil cases (car accidents, disputes between corporations for breach of contract, or most discrimination or employment disputes.) 28 "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." No excessive bail No cruel & unusual punishment 29 "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. " We have more rights than just the Bill of Rights The framers knew it was impossible to list all our rights, so they added the 9th as a safety net. 30 "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." The federal (or national) government has only those powers specifically granted by the Constitution. All other powers not listed are reserved for the States 31 32 11 (1789) States cannot be sued by another State or foreign country or by citizens of other States or by its own residents. 12 (1804) Each elector in the Electoral College casts two ballots now: one for President and one for Vice President. (Before, the person with the 2nd highest number of votes was elected Vice President) 33 The Framers of the Constitution purposely left the power to set suffrage qualifications to each State. Both suffrage & franchise mean the right to vote. The electorate is all of the people entitled to vote in a given election. 34 13 (1865) Abolished slavery 14 (1868) Citizenship = everyone born or naturalized in the U.S. and the State which they live. States must provide due process before taking life, liberty or property. No State shall deny to any person equal protection of the laws. Removes the 3/5 clause from Article I Section II 35 1870: The 15th Amendment was intended to end race-based voting requirements. The First Black Senator and Representatives, in the 41st and 42nd Congress of the United States. Washington: Currier & Ives, 1872. http://memory.loc.gov/ammem/aaohtml/exhibit/aopart5b.html “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” 36 Reconstruction: The period in U.S. History immediately following the Civil War (1865 – 1877) In the South, the 15th Amendment did not end discrimination: http://us.history.wisc.edu/hist102/photos/html/1010.html 37 After Reconstruction, white supremacists in the south did everything possible to prevent blacks from voting. These policies were collectively known as the "Jim Crow" laws. 38 16 (1913) Gave Congress power to tax personal income directly 17 (1913) The people elect senators instead of the state legislature 39 18 (1919) Outlawed "Intoxicating liquors" 21 (1993) Repealed the liquor ban 40 41 19 (1920): Prohibited the denial of the right to vote based on gender. “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.” 42 20 (1932) Congress begins yearly on Jan. 3, and the President takes office on Jan. 20 Known as the "lame duck amendment" 22 (1951) Limited President to two terms, and no more than 10 years 23 (1961) Provided D.C. with electoral votes 25 (1967) If the President dies, resigns, or is unable to do the job, the VP becomes President 27 (1992): Congress cannot receive payraises until next term The 24th Amendment (1964) eliminated the poll tax. “Do you know I've never voted in my life, never been able to exercise my right as a citizen because of the poll tax?” "Mr. Trout.“ Homer L. Pike, interviewer, Atlanta, Georgia. American Life Histories, 1936-1940 45 46 18 year olds gain right to vote Student protests in college campuses across the nation shifted public opinion Sent to states from Congress in March 1971 The required 38 (3/4ths) of states ratified it in just 107 days! 47