The Bill of Rights

1
The Bill of Rights

• The first 10 amendments
• To the U. S. Constitution

2
Who determines what the Bill of Rights mean?

• The Supreme Court makes rulings on the meaning
• The Supreme Court balances the rights of the
  individual with the needs of society

Individual??
Society??
3
The first amendment5 rights mentioned

• Freedom of Speech
• Freedom of Religion
• Freedom of the Press
• Freedom of Assembly
• Right to petition the government

4
Five Rights in the Amendment

• Freedom of Religion
• Freedom of speech
• Freedom of the press
• Freedom of Assembly
• Petition the government

5
Freedom of Religion

• Congress shall make no law respecting an
  establishment of religion or prohibiting the free
  exercise thereof
• Two clauses
• Establishment clause
• Free Exercise clause

6
Establishment of Religion

• Justice Hugo Black - Everson v Board of Ed
• Requires a wall of separation between church
  and state
• Neither state or federal govt can set up a church
• Neither can pas laws which aid one religion, aid
  all religions, prefer one over another
• Cant force church attendance or beliefs
• Cant punish for beliefs or disbeliefs
• Taxes can not be used to support any religious
  activity

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• Thomas Jefferson
• the clause against establishment of religion by
  law was intended to erect a wall of separation
  between Church and State
• Supreme Court uses 3 tests to determine whether
  or not a statute violates the Establishment
  Clause
• Lemon v Kurtzman
• Called the Lemon Test

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• 1. Statute must have a secular rather than
  religious purpose
• 2. The principal or primary effect of the
  statute must be one that neither advances nor
  inhibits religion
• 3. The statute must not foster an excessive
  government entanglement with religion

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Tests used to interpret Establishment Clause

• Lynch v Donnelly 1984-Endorsement Test
• Nativity scene on public property
• Seasonal display, did not promote a religion
• Secular purpose
• Agostini v Felton 1997
• Public school teachers teaching in parochial
  schools material had to be secular
• Modified Lemon Test combined last two elements
  purpose and effects

10
Rejection of Wall of Separation

• Justice William Rehnquist in Wallace v Jaffree
• Historically inaccurate
• James Madison did not advocate for this position
• Establishment Clause means only that the
  government cannot establish a national religion
• Cannot prefer one religion or denomination over
  another
• Does not agree with Lemon Test
• Not easily applied in some cases

11
Free Exercise of Religion

• Government cannot pass a law which prohibits the
  free exercise of religion
• Not all religious freedoms are permitted
• 1905 MA required adult vaccination, refusal on
  religious grounds denied by Supreme Court
• Practices that are illegal are not protected
• Employment Division v Smith - peyote for
  religious ceremonies - Supreme Court ruled
  compliance with the law

12

• How does the Supreme Court determine if the Free
  Exercise Clause of the 1st Amendment is being
  violated?
• Wisconsin v Yoder - Amish students
• Two questions
• Did the states requirement of compulsory
  education to age 16 interfere with the Amishs
  free exercise of religion?
• Was the states interest in compulsory education
  greater than the individual right to the free
  exercise of religion?

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Establishment and free exercise clause often
conflict with each other

• In schools, the religion issue is most prevalent
  
• If a student raises his hand and says teacher,
  can we say an opening prayer before this test

• If the teacher says
• Yes, It looks like establishment of religion
• No, It is denying a student free exercise.

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Establishment clause-Government Can
Cannot

• Teach about religions in school
• Allow voluntary prayer in many examples
• Transport students to a religious school
• Read Bible for culture or literacy content

• Set a state religion
• Government cannot order a prayer
• Teach religious doctrine in the school
• Pay seminary teachers
• Teach creationism

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Free ExerciseAn individual Can
Cannot

• Choose whatever religion
• Lead a prayer in most examples
• Ask questions about religions
• Worship who ever you want

• Break the law and claim it is religious belief
• Raise children without education
• Deprave children of basic needs

16
Freedom of speech

• Congress shall make no laws . . . abridging the
  freedom of speech

17
Free speech The individual can

• Say any political belief
• Protest (without getting out of control)
• Say things about someone that are true
• Burn the flag
• Say racist and hate slogans
• Free speech means someone might say something you
  disagree with

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Free speechlimits on the person

• Threaten to blow up airplanes, schools or the
  president
• Sexual harassment
• Create too much social chaos
• Extremely crude language in a public form
• Disrespectful, vulgar language in schools
• Hate crimes

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Freedom of the press

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

20
Freedom of the press-the pressCan Cannot

• Print any political position
• Make fun of people, especially politicians
• Expose wrongs by the government
• Say things you might not agree with

• Libel intentionally injuring a persons
  reputation by false facts
• Disclose defense-security secrets
• Detail how to make a certain weapons

21
Freedom of Assembly

• Congress shall make no law . . . Abridging . . .
  The people to peaceably assemble

22
Freedom of Assembly--Individual Can Cannot

• Protest
• Parade (with a permit)
• Parade chanting hate slogans
• Gang members can congregate in public

• Protest by throwing rocks and breaking windows
• Hang out on private land against owners
  willloitering
• Teen curfew

23
Petition the Government

• Congress shall make no law . . . Abridging . . .
  the people. . . to petition the government for a
  redress of grievances

24
Petition the government

• You may sue the government for wrongs
• You cannot be punished for exposing wrongs by the
  government
• The courts decide the wrongs

25
2nd AmendmentRight to bear arms

• A well-regulated militia, being necessary to the
  security of a free state, the right of the people
  to bear arms shall not be infringed.

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What is the debate with the right to bear arms?

• How much can the government keep guns from
  criminals and youth?
• In order to keep guns away from criminals, does
  that limit the right of law abiding citizens?

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Gun debate continued

• Thousands of people die every year because of
  guns
• Thousands of crimes are prevented because of guns

Shoes representing gun deaths.
28
Third Amendment

• The Government cannot force you to shelter
  soldiers in your home without your consent in
  time of war or peace.

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Rights of the Accused Amendments 4-8Important
to preserve freedom
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Fourth Amendment

• What does a policeman need in order to search
  your home?
• A warrant given to him by a judge
• Probable cause is also needed

31
Fifth Amendment

• You cannot be tried for the same crime
  twicecalled Double Jeopardy
• You do not have to testify against your self. I
  plead the fifth
• You must have due process of law before you are
  convicted
• The government cannot take your land unless it
  pays.

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Sixth Amendment

• Right to speedy trial by impartial jurymeaning
  not favoring either side

33
Sixth Amendment continued

• You must be told of charges
• You must be provided a lawyer if you cannot
  afford one

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Eighth Amendment

• No excessive bail
• No cruel and unusual punishment

Prisoner kissing his Mom in prison