Guided Notes-Bill of Rights

1. Guided Notes-Bill of Rights Key points to remember!

2. Review • First 10 Amendments: detailed rights that belong to all US citizens • US government established to protect natural rights, individual liberties.Designed to protect life, liberty, & property of Americans • Some Americans take basic individual rights for granted

3. Amendment 1: 5 important guarantees of freedom freedom of expression

4. Religion Source • Church of England was official religion. If not followed, treated unfairly. • In colonies, majority religion/faith, if not followed, kept from office, denied full rights (ex: Roger Williams left Massachusetts Bay-Founded RI)

5. Religion Continued • Principle of Separation of church and state: Government may not favor any religions or establish an official religion; Religion cannot determine who hold office or votes (limit full rights of citizens).

6. Religion in US Government • Inaugural oath on bible • Supreme Court opened session with prayer • Reference to “God” in Pledge of Allegiance • “In God We Trust” on coins • Court testimony sworn in on bible

7. Questions of Limitation • Should government be allowed to provide any support for religion? • Should free exercise of religion apply to only federal government, state government, or both?

8. Note: • In 1940’s-Supreme Court ruled that it applies to state government. • 1961-MD had to swear belief in God to get job in state government. SC found that unconstitutional

9. Should government be allowed to limit any practice of religion? Note: • SC limits right to practice beliefs if contrary to public morals, endangering health, or in other ways harmful to common welfare

10. Religion & Education • Should public schools be allowed to set aside time for religious instruction? • Should public school be allowed to require students to take part in prayers/Bible readings?

11. Lemon Test • Lemon Test(1971, Chief Justice Berger): guidelines to decide if a law involving religion and school violated A1 • Primary purpose of lawnot religions • Primary effect of law not to support or restrict religion • Law does not create excessive government involvementwith religion

12. Supreme Court decisions • Only way to overturn a SC decisionis to add a constitutional amendmentthat nullifies provision in Constitution upon which SC decision is based. OR • SC may rule one way at a certain time and later, in a similar case, hand down a different decision. Why? New membership, new developments over time (attitudes)

13. For cases appealed to the US Supreme Court, General Rule: • First Name: lost in lower court and wants to have decision overturned/reversed • Second Name: won in lower court and is trying to upheld/keep lower court decision

14. Minersville School District v Gobitis (1940) flag salute Case Scenario: Jehovah’s Witness refused to salute flag-it was worshiping a “graven image”, against teaching in bible. Only pledge allegiance to God. • Local school board rule required all students to salute or be expelled. Gobitis children were expelled Ruling: SC upheld school board’s rule: “religious liberty must give way to political authority” (you must salute the flag…it is not for religious reasons…but to show unity)

15. WB State Board of Education v Barnett (1943) flag salute: Same scenario as above Ruling: SC ruled in favor of Barnett (reversing their 1940 decision), you cannot force someone to use the word “God” if it goes against their beliefs Why the change?: 3 Justices changed opinions from 1940 and 2 new justices were added and agreed

16. Engel v Vitale (1962) school prayer Case Scenario: NY Board of Regents (ran NY public schools) recommended local schools adopt a nondenominational prayer to be recited voluntarily at start of each day -student who don’t want to recite are not required to do so -Some schools accepted this while others did not -Parents in accepting school district sue Ruling: SC rules use of prayer is unconstitutional; can’t force students to listen to it not only recite it

17. Miscellaneous Rulings (1963) school prayer • 1963: SC prohibits Bible readings • Kentucky (1981) SC rules unconstitutional to post copy of 10 Commandments in public schools • Alabama (1985) SC rules daily minute of silent “meditation or voluntary prayer” unconstitutional because of intent of school to return to prayer in public schools

18. Speech & Press Interpretation: The right to say anything in public or in private. Over the years SC include art, music, or even styles of clothing. Replaced by a broader meaning: freedom of expression

19. Source ~dictators suppress criticism by cutting off speech and censoring press ~1734 Zenger wrote strong criticisms of British government’s dishonesty and incompetency. He was arrested, tried, and acquitted since statements were true

20. Limits ~slander: saying lies about others, damaging reputations ~Libel: printing lies about others, damaging reputations ~can’t endanger lives of citizens (yelling “fire” in a crowded theater) ~Clear and present danger: can’t create danger/threat to nation (Schneck, 1919, WWI) ~censorship: control of speech or other communication that is considered harmful, objectionable to general body of people determined by the government ~prior restraint: prevents material from being heard or distributed at all

21. Schenck v US (1919) –Clear & Present danger Case Scenario: -general secretary of Socialist Party mailed 15,000 leaflets to young men to resist draft of WWI -arrested for violating Espionage Act of 1917and conspiring to cause insubordination in armed forces, obstructing draft, & sing mail unlawfully Ruling: SC ruled against Schenck under “ordinary times” it was within constitutional rights. But with nation at war, leaflets were used in circumstances to create clear & present danger” to national security (war effort)

22. Smith Act of 1940 Decision under Smith Act 1940: a crime to advocate or teach overthrow of USgovernment by force or violence (also to print materials related to overthrow)

23. Dennis v US 1951-Smith Act Case Scenario: 11 Communist leaders arrested for conspiring to teach overthrow of government by force -leaders felt advocating a revolt was not the same as starting a revolt; unconstitutional to punish them for ideas, no acts Ruling: SC ruled against communist leaders; uphold Smith Act

24. Yates v US (1957) Smith Act Case Scenario: 14 Communist leaders charged with violating Smith Act Ruling: SC ruled in favor of communist leaders; difference between advocating and performing unlawful acts (4 new justices; narrowed the scope of the Smith Act)

25. Tinker v. DesMonies (1968)-symbolic Case Scenario: Tinkers wore black armbands to protest Vietnam War in school; suspended Ruling: SC ruled in favor of Tinkers; expression of symbolic speech. No clear & present danger

26. Johnson (1989) Case Scenario: Johnson burned US flag to protest Republican policies he felt neglected nation’s poor -arrested & fined under Texas’s anti-flag burning law Ruling: SC ruled in favor of Johnson: flag burning not a crime but an act protected by expression of symbolic speech

27. Freedom of Press Pentagon Papers (1971): Case Scenario: Ellsberg, former Defense Department aide, stole papers from Pentagon showing US involvement in Vietnam War -He wanted NY Times to publish them to make nation/public aware of US role Ruling: SC ruled in favor of Ellsberg to publish: possible threat to US security not outweigh constitutional guarantee of freedom of press

28. Hazelwood School v Kuhlmeir (1988) Case Scenario: Kuhlmeir, editor of school paper, sued district because principal deleted tow articles that were “inappropriate subjects” (teen pregnancy and divorce) Ruling:SC ruled against Kuhlmeir: school based papers are under jurisdiction and advisement of school

29. Benefits of Freedom of expression ~Individual development and human dignity: grow by sharing ideas; dignity through citizens’ mutual respect ~Advancement of knowledge: discover as you discuss ~Maintenance of representative democracy: to make wise choices, increase change to get good/accurate information ~Peaceful social change: influence public opinion by persuasion, not violence

30. Freedom of Expression *It is abuse of rights that is subject to punishment, not exercise of rights *Defense of someone’s right to freedom of expression does not mean agreement with the ideas expressed, but rather expressed a concern for preservation of the principle of freedom of expression

31. AMENDMENT TWO Interpretation: Then: purpose to guarantee states the right to maintain a militia. Did not restrict power of federal and state government to regulate ownership of weapons, unless interfered with militia Now: Brady (Bill) Act 1993: • -gun dealer must give a local sheriff the name of a would-be buyer, than wait 5 business days to hear back about the person’s background before completing the sale. State laws may vary • -this has prevented felons and other prohibited person from purchasing

32. Debating Amendment Two • Does the Second Amendment still give individuals the right to have guns? • What does the “right to bear arms” really mean in today’s society? Some people support the gun control laws but others argue that the laws do not keep guns out of the hands of criminals and such laws deprives citizens of the means to protect themselves. Example: NRA (National Rifle Association) opposed any kind of restraint on gun ownership. However, more recently the federal government enacted legislation imposing partial ban on assault rifles, as well as the Brady Bill. These laws have not ended the debate

33. AMENDMENT FOUR • Interpretation: you are protected from unreasonable search and seizure (open to judicial interpretation): what is a reasonable/unreasonable search?) • Source: British soldiers search homes and seized belongings of suspected revolutionaries

34. Warrant Searches • -Most cases need a valid warrant for search or arrest that specifies only evidence police are seeking • -Need probable cause: believe law has been violated • -Exclusionary rule: evidence found in an unreasonable search cannot be used at trial against defendant

35. Warrant-less Searches Examples: • stop and frisk • Consent • plain view • hot pursuit • vehicle searches • emergency situations • boarder & airport searches

36. Mapp v Ohio (1961) Case Scenario: Map home illegally search (no warrant) for illegal gambling equipment -no gambling equipment was found, but did find illegal obscene books &pictures (violates state law) Ruling: SC ruled in favor of Mapp: extends exclusionary rule to states

37. NJ v TLO (1985) Case Scenario: Teacher finds two girls smoking in the school bathroom -TLO (at the time was 14) denied she was smoking. Principle opened her purse found cigarettes. Upon removing the pack, he found cigarette rolling papers. Thinking that the papers are connected to drug use, the principle proceeded to search the purse he found small amount of marijuana, a pipe, empty plastic bas, a large quantity of money, and an index card that appeared to be a list of students who owed TLO money Ruling: in favor of the school: a warrant-less search by a school official does not violate the Fourth Amendment as long as the official “has reasonable grounds to believe that the student possess evidence of illegal activity or activity that would “

38. AMENDMENT 5: Rights of the accused Why the rights of the accused should be protected: Criminal is still a person; if rights are not guarded, more people would be arrested and wrongly convicted; makes law more worthy of respect—if law treat everyone fairly, people more likely to respect it

39. Role of Grand Jury ~capital crime: punishable by death or life imprisonment ~infamous crime: serious crime (rape, robbery), as opposed to a misdemeanor (small crime) ~indictment: formal charge or accusation of a criminal action ~grand jury: 12-23 people who hear preliminary evidence to decide if there is sufficient reason to formally charge person with a crime; 2 options: issue an indictment or dismiss case ~petit jury: smaller jury to hear (try) a case

40. Protection from Double Jeopardy ~double jeopardy: cannot be tried for same crime twice but if act violates both federal & state law, tried in both courts

41. Protection from Self-incrimination ~self incrimination: cannot be forced to speak against yourself in a criminal trial to lead to your own conviction: “I take the fifth”

42. Miranda v Arizona (1966) Case Scenario: Miranda arrested for kidnap and rape. Questioned and signed a confession which was used against him; he was found guilty. Ruling: Miranda was not aware of his right to remain silent. SC-- Miranda Rule: police must state rights to anyone they arrest, except for ordinary traffic violations *Assumed innocent until proven guilty. Burden of proof on prosecutor. You don’t prove your innocence. Authorities must approve your guilt

43. Right to Due process ~Due process: government must follow fair & lawful procedures in bringing a person to trial ~procedural due process: fair steps in enforcing law and bringing to trial ~substantive due process: laws must be fair, not unconstitutional, vague, or harder on some people than others.

44. Eminent Domain ~inherent power of all government to take private property for public use; In US limited because government must pay fair price

45. AMENDMENT SIX Eight main procedural rights: 1. Speedy Trial: Government cannot hold you in jail for a long period of time without bringing you to trial 2. Public Trial: Government cannot try you in secret and must have public record of proceedings 3. Impartial Jury: Government cannot try you before a jury that is prejudiced against you 4. Location of trial: Government must try you in the state, district, or community where the crime was committed. Venue: jurors from state & district where crime committed. Change of Venue: if difficult getting an impartial jury, location can be changed

46. Eight main procedural rights continued 5. Information on charges: Government cannot arrest you and hold you for trial without telling why it is doing so. Enough evidence is needed to justify holding you for trial 6. Confronting witnesses: have the right to confront and cross-examine all witnesses against you 7. Favorable witnesses: government cannot prevent you from presenting witnesses who might testify in your favor. Compulsory Process: right to call witnesses to court to testify in your defense. Subpoena: court order to produce witness or document 8. Assistance of counsel: government cannot prevent you from having a lawyer defend you. Government must provide one if you cannot afford one

47. Gideon v Wainright (1963) Case Scenario: Gideon arrested for stealing, pled innocent, couldn’t afford attorney & one not provided for him; he was found guilty. Gideon said violated 6th Amendment (right to counsel should be at all levels of court) Ruling: SC ruled in favor of Gideon: new trial found not guilty Right to Appeal: if you believe rights under 6th Amendment violated, you may appeal—overturn verdict, may or may not be retried

48. AMENDMENT SEVEN 1. Common Law: civil cases ~Non-criminal; legal disputes between individuals or groups, individuals & the government; often over money or property; decided by jury if amount in question is more than $20, or by a judge Typical issues of civil cases: auto accident, contracts wrongful death, civil rights

49. Amendment 7 2. Two main types of civil cases: ~Lawsuit: person or group believes that it has been wronged by another; settle out of court (negotiation, mediation, arbitration) or in court Small Claims Court: hear cases less than $5000 Plaintiff: brings on suit Defendant: accused of wrongdoing ~Equity Suit: seek fair treatment when there is no law to remedy a situation; stop an action before it causes damage

50. AMENDMENT EIGHT • Protected from excessive bail: ~bail: amount of money required by court of accused to ensure that he/she will return for trial if allowed to go free with trial date ~amount of bail determined by: nature of crime; history of the accused; judges decision ~What happens to bail money? When you appear in court, money is returned; if do not appear in court, money is forfeited by accused and accused is sought after ~Bail Reform Act (1984):prevent accused from being freed on bail if charges with a felony offense or dangerous; need a hearing to determine if eligible for bail ~Supporters of Bail: prevents punishment prior to conviction; defendant can better prepare case; supports presumption “innocent until proven guilty”