Chapter 4 Part 1 : Defining Individual Rights
· “Almighty God, we acknowledge our dependence upon Thee, as we beg Thy blessings upon us, our parents, our teachers, and our country.”
o This was the prayer said before school in the mornings… argument was that it violated “government will make no establishment of religion” and was upheld in 1985 with silent prayer.
o What about something like prayer at the pole? Or a moment of silence for victims of a terrorist attack?
The Bill of Rights- the first 10 amendments of our constitution
· 1st Amendment
o Freedom of Religion
§ Should religion supersede federal authority?
· Conscientious Objectors and Jehovah’s Witnesses
§ Should churches be free from taxation?
· Puts more pressure on other taxpayers
§ Should church schools be supported by the government?
· Voucher System in Indiana- parents choose, gives opportunities to students… separation of church and state, what if it was Muslim school?
o Freedom of Speech
§ Slander:
§ Libel:
§ Best Defense:
§ Keep requests peaceful: no violence
o Freedom of the Press
§ Printing the truth is safest bet… what about tabloids?
o Freedom of Assembly and Petition
§ Right to Petition
· Right to air your grievances, ask for something, signatures
§ Picketing
· Assembly + Petitioning = Picketing; keep walkways clear, obey lawful orders, have a permit
· 2nd Amendment
o Right to bear arms
§ Originally needed because Americans lived on the frontier and needed to be able to hunt and quickly form state militias
§ Concealed Weapons
· 3rd Amendment
o Freedom from Quartering Troops (Doesn’t apply to today)
· 4th Amendment
o Freedom from unreasonable search and seizures
§ No-Knock laws, evidence seized “in good faith”, public safety
· 5th Amendment
o Freedom to Own Property
§ Due process can leave you without property; foreclosure
o Freedom from Prosecution without Indictment
§ Grand Jury must issue, must be evidence
o Freedom from Double Jeopardy
§ Even if new evidence introduced
o Guarantee of Presumed Innocence
§ Previously discussed
o Freedom from Self-Incrimination
§ Testify against yourself, third degree, and immunity from prosecution (mob)
o Guarantee of Due Process
§ Miranda v. Arizona (21 Jump Street)
· “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights I have just read to you?”
· 6th and 7th Amendments
o Guarantee of Jury Trial
§ May request
§ Must be both Speedy and Public, or neither ironically enough
· Judge has final discretion…
o Right to be informed of charges
§ Must be told what charges are
§ Right to Confront Witnesses
· Open Court Appearance
§ Right to Secure Witnesses
· Subpoenas:
§ Right to Counsel
· Can’t Afford:
· Can you serve as your own attorney?
o How do you question yourself?
· 8th Amendment
o Guarantee of Reasonable Bail
§ Bail is ______.
§ Bail may be denied: trust and serious felonies
o Freedom from Cruel and Unusual Punishment
§ Whippings, torture
§ No outlandish sentences
§ Death Penalty, cruel and unusual?
§ Improvements in Prisons: overcrowding, unsanitary conditions
· 9th and 10th Amendments
o Limits on the power of the Federal Government
§ 9th- Even if the constitution does not spell out a particular right, it still exists and must be protected
§ 10th- What isn’t listed to the federal government is left up to the states or the people themselves