LESSON ESSENTIAL QUESTION : How does the Supreme Court interpret and protect the Constitution ?

1. In your Interactive Notebook: Unit 2 - Lesson 9Privacy & Individual Rights: Amendments 2, 3, 7, 8, & 9 LESSON ESSENTIAL QUESTION: How does the Supreme Court interpret and protect the Constitution? ESSENTIAL VOCABULARY for lesson: • 2nd amendment, right to bear arms, militia, National Rifle Association • 7th Amendment, lawsuit, civil law • 8th amendment, cruel & unusual punishment • 9th Amendment, right to Privacy, Roe v. Wade Warm Up (In google doc): • What is the difference between the “establishment” clause and the “free exercise” clause of the 1st amendment? • Does the government have the right to tell you what you can and cannot do with your own body?

2. In your Interactive Notebook: Unit 2 - Lesson 9Privacy & Individual Rights: Amendments 2, 3, 7, 8, & 9 Lesson 8 Performance Task: Choose between: • Select an issue you care about and develop: 1) a sign/slogan advocating it; and 2) either a petition you can get other students to sign; OR write a letter to the editor about it • Create a guide for teachers, principals, and coaches that explains the constitutional separation between church and state. Indicate what religious or prayer based activities ARE permitted within school, and give examples of activities that the constitution and courts prohibit • Annotate & evaluate the text of the 2nd amendment. Explain why the amendment refers to the need for a “well regulated militia.” Do you believe that government has the power to regulate the types of weapons that people may own? • Evaluate the Supreme Court’s ruling in Roe v. Wade. What was the constitutional basis for the decision. Do you agree with the court that the constitution protects a woman’s right to choose an abortion? Why or why not? • Class Website: • www.mrggcivivcs.weebly.com DEADLINES & HOMEWORK: • Test Corrections: By _______ • Performance Task Deadlines: • Lesson 6: Due Now! • Lesson 8/9: Due AT END OF NEXT LESSON • Vocab Quizzes • 8/9 – End today’s lesson • 10/11/12 – end of lesson 12 • Unit 2 Test: COMPREHENSIVE: ___________

3. Understanding the Bill of Rights • Annotate each amendment we will highlight today. For terms in bold, look them up & define them and show a synonym on your own paper. • Begin with 2nd Amendment: you have 2 minutes!

4. 2nd Amendment “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.”

5. So…why does the 2nd amendment talk about a “well regulated militia?” • If an individual is not part of a militia, do they have a right to possess a weapon? • Can congress “regulate” militias, including setting restrictions on gun ownership?

6. Right to bear arms 2nd Amendment What Does That Mean??

7. 3rd Amendment No Quartering Government can’t force you to house or feed soldiers

8. Annotate the 7th Amendment (3 mins) “in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved…” Right to file lawsuits Right to a trial by jury in civil cases

9. Annotate The 8th Amendment: (90 seconds) “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Amount of fines and bail must be reasonable and must fit the crime Punishments must be humane; no torture!

10. Cruel and Unusual Punishment 8th Amendment What Does That Mean??

11. 1) A person is sentenced to death for murder. On the first try, the electric chair shocks the prisoner but does not kill him. They put the prisoner back in his cell, fix the chair, and plan to try again later.

12. Was the malfunctioning electric chair “cruel and unusual punishment” under the 8th Amendment?

13. NO! The Court said the Constitution protects against a cruel method of execution. In this case, nobody intended to cause the prisoner unnecessary pain. Just because an accident happened the first time does not mean the method itself is cruel. (Many state courts have ruled that electrocution is unconstitutional, but the Supreme Court has not.) Louisiana ex. rel. Francis v. Resweber (1947)

14. 2) A prisoner is beaten by prison guards while he is handcuffed and shackled. The guards do not have a reason to use force on the prisoner. The prisoner suffers only minor injuries, including bruises, swelling, and loose teeth.

15. Was beating up the prisoner “cruel and unusual punishment” under the 8th Amendment if the injuries were not serious?

16. YES! The Court said that prison guards may have to use force to keep order, but they are not allowed to hurt prisoners on purpose. If prison guards maliciously use force to cause harm, they violate the 8th Amendment. In that case, it doesn’t matter whether the prisoner’s injuries are serious. Hudson v. McMillian (1992)

17. 3) A state law allows public school teachers to discipline students with corporal punishment. A middle school teacher hits several students with a wooden paddle. One student can’t use his arm for a week.

18. Was paddling the public school student “cruel and unusual” under the 8th Amendment?

19. NO! The Court said children in public schools are not like prisoners in prison. Public schools are open to the public. Friends and teachers see what is going on, and kids go home each day to their families. If a school goes too far in punishing a student, it could be sued or the teacher could face criminal charges. Therefore… Ingraham v. Wright (1977)

20. NO! The Court said public school students don’t need 8th Amendment protection like prisoners do. They are protected in ways prisoners are not. 8th Amendment protection from cruel and unusual punishment is limited to punishment for crimes. Ingraham v. Wright (1977)

21. Annotate the 9th Amendment (1 min) “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” When in doubt, assume that people have more rather than fewer individual rights. Rights not named in the constitution ARE NOT DENIED to the people

22. Roe v. Wade (1973) • Use the case analysis information on Street Law to review the case and courts ruling in Roe v. Wade. • Go to: http://goo.gl/a23XXu • Complete case analysis research sheet • Write in online journal: • What significance did the Supreme Court ruling in Roe v. Wade have for American society? • What is the constitutional basis for the Roe v. Wade decision? • Do you agree with the constitutional basis for the Roe v. Wade decision? If not, what constitutional arguments would you make to challenge the ruling? • Because of the separation of church and state, answers based on morality or religion that lack an explanation of the law and the constitution will not be considered valid.

23. Annotate the 10th Amendment “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.” • States can do what they want UNLESS: • The U.S. constitution specifically gives a power to the Federal government; or • The U.S. constitution specifically says astates DO NOT have that power

24. Review Strategy & Quiz • Create & review vocabulary terms. • Go to: dps.powerschool.com/public • Log into powerschool. • Select “schoolnet” • Enter quiz code: CEU2Q9