England and King George

1
England and King George

• England was controlled by King George
• Although the colonist were no longer living in
  Great Britain/England, they were still under the
  control of the King.

2

• Englishmen came to America four hundred years ago
  looking for gold, silver, and a waterway to Asia
• They were part of a trading company that
  convinced the king of England to grant them a
  Charter giving them permission to set up a colony
  in America.
• But they did not find what they were looking for.
  Times got so hard those first settlers had to
  eat rats and even each other to keep them from
  starving to death. Pretty soon, though, more
  people arrived and times got better.
• The English were here to stay.

3

• Back in England, the king probably figured he had
  a pretty good deal.
• Other people got seasick sailing across the ocean
  to settle untamed land while he sat in his palace
  ruling England
• Except that being king just wasnt what it used
  to be. Back in the 1200s, a king really could do
  what he wanted!
• But this was the 1600s and now the English people
  had representatives in Parliament who made laws
  and stood for peoples rights

4

• In America, the colonist needed some kind of
  government to deal with everyday problems. After
  all, the king was on the other side of the ocean.
• And because of Parliament, the colonist were used
  to having a say in government.
• Although people in different areas had ideas
  about government.

5

• By mid 1700s there were 13 colonies and each had
  their own government.
• These little governments grew stronger and more
  used to being in control. When problems came up,
  the colonial governments took care of the things
  themselves.

6
French and Indian War

• France and Great Britain fought over lands in
  Pennsylvania and Ohio.
• Although Great Britain defeated the French, it
  left them in great debt.
• This also showed the colonist that France was not
  as strong as they thought.

7

• Britain had taken out a loan to pay for the war,
  so it went looking for ways to make fast money.
• Taxing the American colonist seemed like a
  perfect idea.

8
Taxation without Representation

• Taxing became a major issue.
• The Mother Country was in need of money and
  they saw the colonist as a way to get it.

9
Taxing

• Stamp Act this was the 1st direct tax.
• Tax was placed on all paper goods.
• This was to include pamphlets, documents, news
  papers, even playing cards.
• Wanted the colonies to help pay for their debt.

10

• Townshend Revenue Act was also passed
• It taxed things it knew the colonist couldnt
  make for themselves
• Paint
• Glass
• Lead
• And tea
• Also allowed for the British to search homes
  without reason and seize items that owners had
  not paid taxes on.

11
Have some Tea

• The colonist didnt like this and began to rebel.
• They participated in one event that was of
  particular importance.
• The Boston Tea Party.
• They, dressed like Indians, dumped the British
  tea in the Boston Harbor.
• The British were not happy

12
Intolerable Acts/Coercive Acts

• Parliament retaliated with the passage of the
  Coercive Acts which the colonist called the
  Intolerable Acts.
• These acts severely limited the economic ability
  of the colonies.

13
Samuel Adams

• Is America not ready for Independence! Why not
  declare it
• Brother to John Adams

14

• The colonist finally decided there was only one
  solution
• Independence!
• Only July 4, 1776 the leaders of the colonies
  signed the Declaration of Independence, breaking
  ties with Britain.

15
Declaration of Independence

• Most famous document
• Thomas Jefferson drew together the ideas of
  thinkers such as Locke.

16
Purpose of Declaration of Independence

• To justify the revolution
• Put forth the founding principals of the new
  nation

17
The Declaration of Independence has four parts

• One Preamble
• We the people, in order to form a more perfect
  Union, establish justice and ensure domestic
  tranquility, provide for the common defense,
  promote the general welfare and secure the
  blessings of liberty to ourselves and our
  posterity, do ordain and establish this
  Constitution of the United States of America

18
Declaration has Four parts

• Two States the purpose for writing/basic human
  rights
• Three List specific complaints against King
  George
• Four States the Colonies determination to break
  from Great Britain.

19
In order to form a more perfect Union
20
Establish justice and ensure domestic tranquility
21
Provide for the common defense
22
Promote the general welfare
23
Secure the blessings of liberty
24
To ourselves and our posterity
25
Do ordain and establish this Constitution of the
United States of America
26
Or

• Part 2 Natural Rights
• The colonists explain the rights of people and
• the role of government power.
• Part 3 Grievances
• A list of the colonists complaints.
• Part 4 Resolution of Independence
• The colonists declare their independence from
• Britain

27
Richard Henry Lee

• Lee wrote his desire for the colonies in his
  resolve
• We hold these truths to be self evident that all
  men are created equal. That they are endowed by
  their creators with certain inalienable rights
  that among these are life, liberty and the
  pursuit of happiness.
• July 2, Colonies broke from England

28
We hold these truths to be self-evident     All
men are created equal     Endowed by their
creator with certain unalienable rights     Life,
liberty, and pursuit of happiness     Those to
secure these rights, governments are instituted
among men, deriving their just powers from the
consent of the government       That whenever any
form of government becomes destructive of these
ends it is the Right of the People to alter or
to abolish it, and to institute new government.
29
We hold these truths to be self evident
30
All men are created equal
31
Endowed by their creator with certain unalienable
rights

• Unalienable rights government cannot take them
  away from you
• Nor can you surrender them

32
Life Liberty and the pursuit of Happiness

• Natural rights
• Inborn rights

33
That to secure these rights, governments are
instituted among men, deriving their just powers
from the consent of the governed

• What is the main purpose of government?
• To ensure order of the nation
• Nope
• To protect the stability of the whole society
• Nope
• To protect the rights of the individual
• Yep That's it

34

• Individual not society is most important
• The success of government is measured by much
  liberty the individual has
• The success of government is measured by how free
  the individual is form government.

35
That whenever any form of government becomes
destructive of these ends, it is the right of the
people to alter or to abolish it

• The right to rebel

36
What followed the Declaration of Independence?

• The Constitution
• It has set our rule of government and how our
  nation would function.

36
37
The Bill of Rights

• The First 10 amendments to the Constitution

38
Bill of Rights

• The Bill of Rights are the first 10 amendments to
  the Constitution.
• Framers believed people had rights because they
  were people.
• They were endowed by their creator with certain
  unalienable rights.
• The Bill of Rights stands as a written guarantee
  that government cannot abuse the rights of
  individuals.

39
The Bill of Rights

• These amendments placed certain limitations on
  the national government.
• Now it goes to control the state and local
  governments as well.

40
1st Amendment

• 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.

41
1st Amendment

• In other words freedom of
• Speech
• Press
• Petition
• Assembly
• Religion

42
GRAPES

• Grievances, Right to petition
• Religion, Right to no establishment of
• Assembly, Right to peaceful
• Press, Freedom of
• Exercise, Freedom of Religion
• Speech, Freedom of

43
Remember

• The Government CAN NOT prevent individuals from
  freely expressing their opinions.
• Citizens have rights to criticize government
  decisions and ideas.

44
The 1st amendment

• The first amendment list our certain rights and
  liberties that are guaranteed to people.
• The first amendment placed limitations on the
  government to prevent it from controlling the
  press, restricting speech, establishing or
  prohibiting religion and limiting other areas of
  personal liberties.

45
Ok

• Lets Break it down into 5 parts

46
Freedom of Religion

• Always been an important aspect of American life.
• There are 2 clauses look at with freedom of
  religion.
• Establishment clause
• Free exercise clause
• Easy to look at it when looking at separation of
  church and state

47
Freedom of Religion

• Thomas Jefferson wrote a Wall of Separation
  speech.
• He said that legislation should make no law
  respecting an establishment of religion or
  prohibiting the free exercise thereof thus
  building a wall of separation between church and
  state

48
Freedom of Religion Establishment
Free Exercise

• Prevents congress from creating a state
  sponsored religion
• Can teach about religion in school
• Transport students to religious schools
• Read bible for culture or literary content

• Prevents the government from unduly interfering
  with free exercise of religion.
• The Government CAN NOT PROMOTE RELIGION
• Choose what religion they want
• Worship wherever they want.

49
Establishment Free Exercise

• Cant set a state religion
• Order Prayer
• Teach religious doctrine in school
• Pay seminary teachers
• Teach creation

• Break the law and claim it was religious belief
• Deprive kids of basic needs

50
Freedom of Religion

• Constitution bans religious qualifications to
  hold public office.
• Most government officials take oath of office in
  the name of God.

51
Freedom of Religion

• We see it in money

52
Freedom of Religion

• See it in License Plates

53
Question?

• Can students be transported from a public school
  to a parochial school? (parochial school school
  operated by religious or church groups)

54
Answer?

• Yes if it benefits the kid

55
Question

• What kind of money should be given to a church
  related school?

56
Answer?

• 2/3s of states give parochial school money
  ranging from drivers education to lunch money.
• Board v. Allen provided secular (non religious)
  books to parochial schools.

57
3 part test to decide whether aid violates the
establishment clause

• To be constitutional, state aid to church schools
  must
• Have a clear secular purpose
• In its main effect neither advance or inhibit
  religion
• Avoid excessive government entanglement with
  religion.

58
Question?

• Can public schools release students from school
  to attend classes on religious instruction?

59
Answer

• Religious programs at school
• NO
• Not constitutional

• Religious programs away from school
• YES
• Constitutional

60
Santa Fe Independent School District v. Doe

• Supreme court ruled that public school districts
  can not let let students lead stadium crowds in
  prayer before football games
• It violates the separation of church and state

61

• Very heated argument
• Moment of silence laws have been passed by many
  states

62
Question?

• Can student religious groups meet at school?

63

• Yes
• Equal Access Act allows publish high school
  receiving federal funds to permit student
  religious groups to hold meetings at school.

64

• Westside Community School v. Mergens wanted bible
  reading club.
• School said no but courts said yes.
• If the students initiated it and led it, it was
  all good.

65
Question?

• Can the theory and ideas of evolution be taught
  in school?

66

• Epperson v. Arkansas said that teaching evolution
  was banned in school.
• Some states passed legislation requiring biblical
  theory of evolution taught as an alternative view
  yet struck down.

67
Question

• Is a Nativity Scene or Christmas trees granted
  under freedom of religion?

68

• Yes
• If the government does not buy it or sponsor it.

69
Question

• Do you have to salute the flag?

70

• Jehovah Witness didnt want to stand up and
  salute flag due to religious beliefs.
• Dont salute because you dont bow down to a
  graven image
• Court, after many appeals, said didnt have to
  stand and salute

71
Results

• Because of the Minersville v. Gobitis decision
  and many of the ones before we now
• Say the pledge in school
• Salute the flag
• Have civic classes
• Have government classes
• Learn about the constitution

72
1st Amendment Freedom of Speech

• All people have a say in government.
• The first amendment exist to protect ideas that
  may be unpopular or differ from the majority.
• Congress shall make no laws abridging the
  freedom of speech

73
Freedom of Speech

• There are 2 types of speech
• Pure speech
• Symbolic speech

74
Freedom of Speech

• Pure Speech is the verbal expression of thought
  and opinion before an audience that has chosen to
  listen.

75
Freedom of Speech

• Symbolic Speech is actions and symbols used
  instead of words.
• It involves actions burning draft cards and
  flags in protest.

76
Under Freedom of Speech in the 1st Amendment a
citizen can

• Say any political belief
• Protest without getting out of control
• Say things about someone that isn't true
• Burn flag
• Say racist or hate slogans
• Say something you dont agree with

77

• Limits to this is
• Threatening to blow up planes or schools
• Kill the president
• Sexual harassment
• Create social chaos
• Crude language in public and in school
• Hate crimes

78
Freedom of Speech

• CAN NOT endanger public safety

79
Question

• Is burning draft cards illegal?

80
Burning Draft Cards

• Court ruled that burning draft cards is illegal.
• The cards are representing the armed forces in
  times of war

81
Freedom of Speech

• Suggestion in response was to wear black arm
  bands.
• Arm bands were worn in protest. This was known
  as symbolic speech.

82
Question

• Is burning the American flag illegal?

83
Flag Burning

• No
• Unpatriotic but not illegal.
• Texas v. Johnson ruled flag burning was protected
  under symbolic speech.

84
Outlaw what?

• States and legislatures have outlawed seditious
  speech
• This means any speech urging resistance to
  lawful authority or advocating the overthrow of
  government.

85
Question

• How far can the government go?

86
The government looks to see

• Does it present clear and present danger?
• Is it a bad tendency doctrine
• Is it a preferred position doctrine

87
Clear and Present Danger

• When speech in question clearly presents an
  immediate danger, free speech in the 1st
  amendment is not protected.
• Led to the Espionage Act
• Can not willfully utter, print, write or publish
  any disloyal profane scurrilous or abusive
  language about the government during war time.

88
Defamatory Speech

• Defamatory speech is not protected
• Libel
• Slander
• Libel is written
• Slander is spoken

89
Fighting Words

• Supreme court ruled that comments so insulting
  that they provoke immediate violence do not
  constitute protected speech.

90
Question

• Do students have speech rights?

91
Bong Hits for Jesus

• Yes
• Courts can rule the rights are severely limited.

92
1st Amendment Freedom of Press

• Congress shall make no law . abridging .. the
  freedom of press

93
Freedom of Press

• The only way government can control press is if
  it is going against National Security.
• Some countries require prior restraint.

94
Freedom of Press Can
Can Not

• Print political positions
• Make fun of people
• Expose wrongs in government
• Say things you may disagree with

• Intentionally injure a persons reputation by
  false facts
• Disclose security secrets
• Detail how to make weapons

95
Question

• Does the press have the right to print
  information that may influence a trial?

96
Question

• Do reporters have the right to withhold sources
  of information that may be important to a trial?

97
Freedom of Press

• Sheppard v. Maxwell was a trial that said press
  interfered with a trial.
• Man found not guilty.
• This case led to many things we see with courts
  today

98
We now See

• Move cases to reduce publicity
• Limit the number of reporters in court room
• Placing controls on reporters conduct in the
  courtroom
• Isolating witnesses and jurors from press
• Having jury sequestered (kept isolated)

99
Question

• Can reporters refuse to surrender evidence?

100
Answer

• To date 30 states have passed shield laws.
• These laws give reporters some means of
  protection against being forced to disclose
  confidential information.

101
Remember

• The 1st amendment does not give protection to
  reporters

102
Radio and TV

• FCC Federal Communications Commission
• Government agency that regulates TV and Video
• They can not regulate before they air but must
  live up to certain standards.
• Obscenity or indecent language

103
FCC and Guidelines

• Cable TV has more protection.
• Movies are treated different. Now they have
  labels
• Email and Speeches on the internet are still
  under strict rules.

104
1st Amendment Freedom of Assembly

• Congress shall make no law abridging .. the
  people to peacefully assemble.

105
Freedom of Assembly Can Can
Not

• Have parade with permit
• Protest
• Parade chanting slogans
• Gang members can congregate in public

• Protest by throwing rocks and breaking windows
• Loitering

106
Freedom of Assembly

• Without this, there would be no political parties
  and interest groups to influence the actions of
  government.
• Right to assemble was as important and is as
  important as the right of free speech and free
  press.

107
Parade

• Right to parade and demonstrate in public is
  protected here yet
• Can do so only under limits.

108
Questions to ask

• Do they interfere with rights of others?
• Are the causes that unpopular?
• Will it lead to violence?

109

• Here, the government is not against the cause but
  tries to protect the citizens using the streets.
• As long as they do not interfere with others
  rights.
• This applies to ALL GROUPS

110
Picketing

• Patrolling an establishment to convince workers
  and the public not to enter.
• If the property is open to the public for public
  use, assembly can not occur thee for their use.

111
Question

• Can a citizen cross a picket line?

112

• You can not issue a parade permit to keep one set
  group from participating in a parade or a protest
  .

113
Whats it all about?

• All about preserving public order
• Not to suppress but to protect
• If assembly is peaceful, it is OK

114
Question

• Does the 1st amendment protect individual rights
  to join an organization that the government
  considers subversive?

115
Answer

• Yes

116
1st Amendment Freedom of Petition

• Congress shall make no law. abridging .. the
  peopleto petition the government for a redress
  of grievances

117
Freedom of Petition

• Sue for wrong doing
• Can not be punished for exposing wrongs in
  government
• Courts decide the wrong

118
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.

119
Question

• What is the intent of the 2nd Amendment?

120
Answer

• To protect individuals from government powers

121
2nd Amendment

• Originally was intended to prevent national
  government from repeating actions that the
  British had taken - took colonist guns and
  weapons before revolution.
• In the beginning the right to use arms was also
  seen as a necessity for hunting food and forming
  militia for protection.

122
SO

• The 2nd Amendment means
• Right to have a firearm
• Right to a militia
• Armed force of citizens

123
Question?

• Is owning a gun a civil right?

124
2nd Amendment

• A civil right is a right or rights belonging to a
  person by reason of citizenship.
• This makes gun ownership as much a civil right as
  freedom of speech, religion, and press.

125
2nd Amendment

• The 2nd Amendment as written means to apply only
  to the federal government.
• Now it applies to states via the 14th amendment

• The 14th amendment
• No sate shall make or enforce any law which
  shall abridge the privileges or immunities of
  citizens of the US nor shall any state deprive
  and person life, liberty, or property without due
  process of the law

126
2nd Amendment

• Supports right for citizens to own firearms BUT
  does not prevent congress from regulating the
  sell of firearms.

127

• Question
• Do you need a permit to purchase a rifle or shot
  gun in South Carolina?
• Answer
• No

• Question
• Do you have to register a rifle or shotgun in
  South Carolina?
• Answer
• No

128

• Question
• Is there a waiting period for the purchase of a
  gun in South Carolina?
• Answer
• No

• Question
• Is there a background check for the purchase of a
  gun?
• Answer
• Yes
• State system check

129
In South Carolina a person Can not buy a gun if
he/she

• Has been convicted of a crime of violence
• A fugitive
• Drug addict/alcoholic
• Mentally incompetent
• Member of a subversive organization

130
Also

• State prohibits any person under the age of 21
  from possessing or acquiring a handgun.
• Minimum age to possess rifles/shotguns no yet
  cant sell to anyone under the age of 18

131
Remember

• Unlawful to carry pistol except
• Officers, armed forces, military
• Licensed hunters and fisherman when hunting and
  fishing
• Person in home or fixed place of business
• Permit to purchase a handgun? No
• Permit to carry a handgun? Yes

132
Quotes

• If you outlaw guns, only outlaws will have
  guns?
• Guns dont kill people, people kill people.

133
3rd Amendment

• 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.

134
3rd amendment

• During the colonial period, colonist were forced
  to let British soldiers sleep in their homes and
  eat their meals.
• Colonist were outraged and upset
• The British government continued to punish the
  colonist by having soldiers forced into their
  homes

135
4th Amendment

• 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.

136
4th Amendment

• Reflects the early Americans desire to protect
  their privacy.
• Britain used writes of assistance general
  search warrants.
• To guard against search and seizures, the 4th
  amendment protects the right to privacy.
• Requires authorities to have a specific reason to
  search areas and seize evidence against people.

137
4th amendment

• Police cant simply conduct a general search or
  seizure hoping to find evidence
• To be lawful, a search or an arrest must be based
  on probable cause.

138
4th Amendment

• Probable cause meaning police have reasonable
  basis to believe person is linked to a crime.
• Search or arrest requires a search warrant or an
  arrest warrant.
• Must be signed by a judge

139
4th amendment

• Question
• Does a search warrant have to be specific to what
  is to be looked for and where to look?
• Answer
• yes

• Question
• Do you need a search warrant if you are searching
  the home of a felon?
• Answer
• Yes
• Must have a warrant even it felon or anonymous
  tip even if the person has a gun.

140
4th Amendment

• Question
• Do the police need a search warrant to search and
  arrest a person they see breaking the law?
• Answer
• No
• Police do not need a warrant in this case.

• Question
• Do you need a search warrant to search trash
  outside the home?
• Answer
• No
• Once it is outside, it is public property

141
4th Amendment

• Question
• Is evidence illegally obtained able to be used in
  court?
• Answer
• Court established exclusionary rule.
• Any illegally obtained evidence ca not be used in
  court

• Question
• Should people go free because the police made a
  mistake?
• Answer
• As long as the police act in good faith when they
  request a warrant, the evidence they collect
  maybe used in courts even if warrant wasnt
  issued.

142
4th amendment

• California v. Acevedo
• Man left drug house
• Police saw him walk out with bag and stopped him
  as he drove off
• Found Marijuana in trunk
• Found guilty yet appealed

143
4th amendment

• California v. Weeks
• Led to new precedent to be used in automobile
  searches
• Police are free to search an automobile and the
  containers within it where they have probable
  cause to believe contraband or evidence is
  contained.

144
What rights are protected in schools?

• Limited inside schools
• School officials do not need a warrant or
  probable cause to search students property.
• All needed was reasonable grounds to believe a
  search will uncover evidence that a student has
  broken school rules.

145
Question

• If a school official searches a student looking
  for say tobacco and finds marijuana, are they
  guilty of both?

146
4th Amendment

• Answer
• Yes, they are guilty
• Student could be suspended for tobacco and drugs
  and the police will be called

147
4th Amendment

• Question
• Are drug test legal for those at school?
• Answer
• Yes
• If it dangers public safety