The Invaders

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The Invaders

• A Constitutional Rights Activity

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What is a right?
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Where are our rights listed?
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What is the purpose of a Constitution?

• States how the government is organized and its
  functions
• Lists some (but not all) of our rights
• Limits the powers of government

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Who does the Constitution protect us from?
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What are the first 10 amendments to our US
Constitution called?
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Who makes sure our rights are protected?
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How It Works
Rights are granted by the Constitution, and the
Constitution is protected by the Courts.
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Lets look at some of the rights in our US
Constitution
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Freedom of Speech
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Amendment 1

• 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 to peaceably assemble, and to petition the
  Government for a redress of grievances.

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Speech the communication or expression of
thoughts to convey a message
Should speech ever be limited?
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Right to Bear Arms
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Amendment 2

• A well regulated Militia, being necessary to the
  security of the free State, the right of the
  people to keep and bear Arms, shall not be
  infringed.

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When is the use of guns NOT okay?
Should people even be allowed to use guns? What
does the Second Amendment say about it?
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Right to Legal Counsel
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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 favor, and to have the assistance of counsel
  for his defense.

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Assistance of Counsel the right to be
represented by a lawyer during a criminal case
Gideon v. Wainwright (1963) Mr. Gideon was
charged with a felony but did not have money for
a lawyer. He felt it was unfair and asked for a
free lawyer. The US Supreme Court agreed that in
order to have a fair trial, poor defendants
needed a lawyer.
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Right to protection from cruel and unusual
punishment
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Amendment VIII

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

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Back in the 1700s, people received cruel and
unusual punishment for breaking the law. What
kind of behavior do you think would be cruel and
unusual?
Cruel Unusual Involving torture or a
lingering death barbarous inhuman involving
the unnecessary and wanton infliction of pain
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Freedom of the Press
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Amendment 1

• 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 to peaceably assemble, and to petition the
  Government for a redress of grievances.

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Press The media and any other organizations
that print, broadcast, or gather and transmit
news.
Do you think the press should have some limits?
If so, why?
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Right to Jury Trial
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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 favor, and to have the assistance of counsel
  for his defense.

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Jury a group of persons selected and sworn to
give a decision/verdict based on facts in a legal
caseJury Trial a trial before a jury of ones
peers (equals)
What are the problems with having a jury trial?
What are benefits of having a jury trial?
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Freedom of Religion
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Amendment 1

• 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 to peaceably assemble, and to petition the
  Government for a redress of grievances.

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Establishment clause Congress may not establish
(set up) an official religion for our country or
favor any one religion over others
Free exercise clause Congress may not stop you
from holding any religious beliefs you choose or
from having no religious beliefs at all the
government cannot unfairly limit your right to
practice your religion
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CHURCH
STATE
Wall of separation between church and state
Thomas Jefferson
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Right to Peaceably Assemble
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Amendment 1

• 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 to peaceably assemble, and to petition the
  Government for a redress of grievances.

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Peaceably Not violent calm
Assemble To bring together or to gather in one
place
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Where do you have the right to assemble?
What are possible limitations?
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Protection from Self-Incrimination
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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 offense 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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I want to plead the Fifth.
Self-incrimination Testifying against yourself
being compelled by the government to provide
evidence or factual information that connects you
to an offense (crime).
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Right to protection from unreasonable searches
and seizures
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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 of affirmation,
  and particularly describing the place to be
  searched, and the persons or things to be seized.

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Search To go or look through carefully to find
something
Seizure The taking of a person, an item, or
property
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Important Issues
Warrants
Probable Cause
Exclusionary Rule
Warrant allows search and seizure of property,
items, etc. Police officers who want a warrant
have to give enough facts to convince the judge
there is probable cause.
Prevents the government from using evidence at
trial that was gathered illegally.
Enough evidence to reasonably believe that an
illegal act is being or has been done.
Exceptions Warrants are not always required
depending on the circumstances.
Fruit of the poisonous tree
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