Civil Liberties

• What would the nation look like if there had never been a bill of rights?

• What, if any, limits should be placed on individual liberty?

Bill of Rights• Article 1 of the Texas Constitution

• Confirmed the fundamental rights of American Citizens

• George Mason, the “Father of the Bill of Rights”

• Started with 42 rights, House of Representatives cut it to 27, Senate approved 12 and the State approved 10

Amendment I

• 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.

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1st Amendment

• Americans have the right to speak freely and worship as they please. Freedom of the press, and the right to assemble peacefully.

Amendment II

• 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.

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2nd Amendment

• People have the right to own and carry weapons.

Amendment III

• 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.

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3rd Amendment

• In peacetime, soldiers cannot be put up in a private home without the owner’s consent.

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

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4th Amendment

• The government cannot arrest a person, search his home, or take his belongings without a legal warrant.

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 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.

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5th Amendment

• A person cannot be tried for the same crime twice, nor can they give evidence against themselves.

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 his favor, and to have the Assistance of Counsel for his defense.

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6th Amendment

• A person accused of a crime has the right to a trial by jury.

Amendment VII

• 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.

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7th Amendment

• When on person sues another for more than $20 the accused has a right to a trail by jury.

Amendment VIII

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

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8th Amendment

• People accused of a crime are protected against unreasonable bail and cruel punishment.

9th Amendment

• A right cannot be taken away simply because the Constitution does not mention it.

Amendment IX

• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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Amendment X

• 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.

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10th Amendment

• The powers not given by the Constitution to the U.S. belong to the States.

Letter from Jefferson to Madison, March 15, 1789

• “The Declaration of rights is like all other human blessings alloyed with some inconveniences…But they good in this instance vastly outweighs the evil.”

• “If we cannot secure all our rights, let us secure what we can.”

• Write a summary of the amendment in modern language defining necessary terms.

• Explain an example in U.S. History or an example in the life of the presenters that involves one of the first ten amendments.

• Create a visual aide for teaching the amendment. It can be a picture or a diagram.

• Create a skit depicting the amendment being violated.

Warm up

• What are the implications of applying the bad tendency test as opposed to the clear and present danger test in judging free speech and press disputes?

• What should constitute an unreasonable search and seizure?

• What should be done when two guaranteed liberties collide?

• Should liberties not mentioned in the Bill of Rights (e.g., privacy) be protected by courts

• http://www.learner.org/courses/democracyinamerica/dia_4/dia_4_video.html

Discussion-First Amendment Rights Are Not Absolute

• Should the press be allowed to publish anything?

• If there are limits on publication, can they be defined prior to publication?

• Should student publications be treated differently than privately held media outlets?

• Do school administrators have special responsibilities to censor student produced publications

The Fourth Amendment and Student Drug Tests: The Case of

Lindsay Earls• What constitutes an unreasonable search?

• Is mandatory drug testing an invasion of privacy?

• Should all students be required to submit to drug tests?

• Should faculty and administrators be required to submit to drug tests

When Rights Collide: The Free Press Versus the Fair Trial

• Did Dr. Sheppard receive a fair trial?

• In the current media age, with its all-news channels, can any high-profile defendant receive a fair trial?

• What measures can be taken to guarantee high-profile defendants a fair trial

• What Other Constitutional Rights Do You (Or Should You) Have? and

• Why Worry About Civil Liberties If You Don't Have Anything To Hide?