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8.C&G.1.4 Analyze access to democratic rights and freedoms among various groups.

8.C&G.1.4 Analyze access to democratic rights and freedoms among various groups. Federalism. Bill of Rights. Our 1 st 10 amendments to the Constitution. Bill of Rights. Anti-Federalists disagreed with the Federalists Constitution would not be approved unless a compromise was made.

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8.C&G.1.4 Analyze access to democratic rights and freedoms among various groups.

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  1. 8.C&G.1.4 Analyze access to democratic rights and freedoms among various groups.

  2. Federalism

  3. Bill of Rights Our 1st 10 amendments to the Constitution

  4. Bill of Rights • Anti-Federalists disagreed with the Federalists • Constitution would not be approved unless a compromise was made. • Anti-Federalists felt we needed something in our new plan for government that mentions the people— • and their rights….not a bad idea since the Americans had almost every basic right stripped from them.

  5. So…. The Feds and the Anti-Feds • Came up with some rights… • They become our first 10 amendments • a.k.a The Bill of Rights (BoR) • All deal with freedoms that aregranted to us because we areU.S. citizens • These are our basic civil liberties!

  6. Notes • Before you view this presentation, number the first tem amendments (The Bill of Rights). Make sure you leave space between each for notes {about two lines}: • 1. First Amendment • 2. Second Amendment • 3. Third Amendment • 4. Fourth Amendment • 5. Fifth Amendment • 6. Sixth Amendment • 7. Seventh Amendment • 8. Eighth Amendment • 9. Ninth Amendment • 10. Tenth Amendment

  7. First Amendment: RAPPS Freedom of Religion Freedom of Assembly Freedom of Press Freedom to Petition Freedom of Speech

  8. R: Religion You may believe in whatever you choose or nothing at all! Limits: can’t break laws example- no illegal animal sacrifices

  9. Freedom of Religion- separation of church and state Assembly- Can peacefully gather Gov’t approves time, place and manner Can’t pose a Clear and present danger Meetings, parades, strikes are  Petition- Freely write the gov’t w/o fear of backlash or persecution Email, letter, blog, comment, editorial in paper Press- Press has rights to publish whatever they wish YOU can Express yourself in print form Gov’t can’t censor Books, newspapers, magazines, radio, tv, internet Limitations- can’t print lies: called LIBEL Speech- Regarding speaking out against government No threats Also covers EXPRESSION (things not said but done) 1 RAPPS

  10. Freedom of speech underexpression • internet, art, clothing, music • Limitations: • Can’t endanger the gov’t or other Americans • Can’t provoke riot or other violent acts • Can’t speak or write with intent to commit criminal act or to overthrow gov’t by force • Can’t disturb the peace of others-loud music • Cant lie or hurt ones reputation (slander) • Tinker vs. DesMoines (black armband) • Spoken lie- called SLANDER

  11. Tinker Vs. Des MoinesAfter reading the case lets answer the following: 1. Someone wrote a threatening note during class to one of the students wearing an armband. 2. On the school bus, someone threatened to beat up one of the students wearing an armband. 3. At lunch, someone said the armbands were stupid. 4. During class, someone made a face at one of the students wearing an armband. 5. Between classes, someone shoved one of the students wearing an armband into a locker. 6. Students stopped arguing about armbands when the teacher said it was time to begin class. 7. A student sang a song about how much he loved armbands, and people started arguing about whether he had a good voice. 8. Students were having fun debating about whether people should wear armbands. 9. Student arguments about armbands were starting to add up. 10. A teacher had to tell students to stop arguing about armbands so she could start class.

  12. Supreme Court refuses challenge to school dress code The Supreme Court Monday declined to take up a student's challenge to a Texas school dress code. An appeals court ruling said the policy, which bars non-school-related messages on clothing, did not violate student free-speech rights.

  13. I CAN’T WEAR WHAT??

  14. Ben’s T-Shirt Trouble Watch to see what happened when Ben Brewer decided to wear his favorite band t-shirt to school—in violation of the new school rule!

  15. There should be a law against stupid rules like that! Maybe there is… We now interrupt this exciting presentation to bring you the U.S. Supreme Court case, Tinker v. Des Moines. Read the case summary and do the exercises to find out whether Principal Carter’s rule is against the law!

  16. What would it take for the Supreme Court to decide the black armbands had been disruptive at school? What if? Consider the following examples. Decide whether the Court would say they are evidence of disruption.

  17. Evidence About Armbands What if… Someone wrote a threatening note during class to one of the students wearing an armband?   Shows the armbands were disruptive  Does not show disruption

  18. Evidence About Armbands

  19. Evidence About Armbands What if… On the school bus, someone threatened to beat up one of the students wearing an armband?   Shows the armbands were disruptive  Does not show disruption

  20. Evidence About Armbands

  21. Evidence About Armbands What if… At lunch, someone said the armbands were stupid?  Shows the armbands were disruptive  Does not show disruption 

  22. Evidence About Armbands

  23. Evidence About Armbands What if… During class, someone made a face at one of the students wearing an armband?  Shows the armbands were disruptive  Does not show disruption 

  24. Evidence About Armbands

  25. Evidence About Armbands What if… Between classes, someone shoved one of the students wearing an armband into a locker?   Shows the armbands were disruptive  Does not show disruption

  26. Evidence About Armbands

  27. Evidence About Armbands What if… Students stopped arguing about armbands when the teacher said it was time to begin class?  Shows the armbands were disruptive  Does not show disruption 

  28. Evidence About Armbands

  29. Evidence About Armbands What if… A student sang a song about how much he loved armbands, and people started arguing about whether he had a good voice?  Shows the armbands were disruptive  Does not show disruption 

  30. Evidence About Armbands

  31. Evidence About Armbands What if… Students were having fun debating about whether people should wear armbands?  Shows the armbands were disruptive  Does not show disruption 

  32. Evidence About Armbands

  33. Evidence About Armbands What if… Student arguments about armbands were starting to add up?   Shows the armbands were disruptive  Does not show disruption

  34. Evidence About Armbands

  35. Evidence About Armbands What if… The teacher had to tell students to stop arguing so she could begin class?  Shows the armbands were disruptive  Does not show disruption CLICK for a hint!

  36. HINT: How would you use this evidence if you were trying to argue that the t-shirts ARE disruptive? What would you say? How would you use this evidence if you were trying to argue that the t-shirts are NOT disruptive? What would you say differently?

  37. Evidence About Armbands

  38. Did Principal Carter have any evidence that band t-shirts were being disruptive? Next Time:

  39. 2: Right to Bear Arms • Initially gave men right to own and carry arms for purpose of serving in military • Today: • Age requirement • License, background check • Can’t use to commit crime or instill fear • Today controversy about what the writers intent was and if intentions have been stretched

  40. 3: Quartering Amendment • In peacetime we don’t have to shelter soldiers • It would take congressional action to authorize quartering soldiers • Have this b/c the Brits were using martial law and moving into colonists homes after the bootlegging caused by the Sugar Act • quartering act…

  41. 4: No unreasonable search and seizures • No soldier or gov’t official can search or take property w/o good cause • Search warrant must be present • Judge must be convinced a search will produce evidence associated with a crime • to grant a warrant Uh-oh…

  42. 5th: 5 parts: protects rights of the accused • 1. Due Process-gov’t/law must follow established legal procedures (arrest, rights read, booked, informed of crime accused of, right to attorney…) • No matter who/what you are accused of • 2. Eminent domain- must pay fair price for land/property • 3. Grand jury- don’t determine guilt or innocence • Decide if there is enough evidence to go to trial • 4. No Double Jeopardy- people acquitted (vote of not guilty) can not be tried for same crime • 5. No self-incrimination-”plead the 5th” • Cant be forced to testify against yourself • Can only use on yourself; not others

  43. 6: Accused gets more rights • Speedy public trial • Right to attorney • Case of Gideon v Wainwright • Guarantees lawyer even if you can’t afford one • Jury or your peers • Informed of charges • (so you know what they are accusing you of)

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