Today’s Agenda

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Today's State Standards Rights and Responsibilities of Citizens

Students evaluate the scope and limits of rights and obligations as democratic citizens, the relationships among them, and how they are secured.

GC. 36 Explain how economic rights are secured and their importance to the individual and to society, including the right to acquire, use, transfer, and dispose of property; right to choose one’s work; the purpose of labor unions; copyrights and patents. (P)

GC.37 Describe the individual’s legal obligations to obey the law, serve as a juror, and pay taxes. (P)

GC.38 Connect insights gained from appropriate informational text to describe the obligations of civic-mindedness, including voting, being informed on civic issues, volunteering and performing public service, and serving in the military or alternative service. (P)

GC.40 Explain how one becomes a citizen of the United States, including the process of naturalization. (P)

Our objectives

Understand our rights as granted by the Bill of Rights. Understand our obligations as US citizens.

Our Goal TodayOur goal is to understand what we need to do to

make sure our nation remains a strong one for us to live in.

Video Time!GC.38 Connect insights gained from appropriate informational text to describe the

obligations of civic-mindedness, including voting, being informed on civic issues, volunteering and performing public service, and serving in the military or alternative service. (P)

Video Time! :-)

Establishment Clause and Free Exercise Clause

First amendment prohibits “an establishment of religion” –

This is the Establishment Clause

It also says “free exercise thereof” –

This is the Free Exercise Clause

Separation of Church and State

Thomas Jefferson wrote a letter to the Danbury Baptist Association in 1802 to answer a letter from them, asking why he would not proclaim national days of fasting and thanksiving, as had been done by Washington and Adams before him. The letter contains the phrase "wall of separation between church and state," which lead to the short-hand for the Establishment Clause that we use today: "Separation of church and state.“

Jefferson’s Letter

To messers Nehemiah Dodge, Ephraim Robbins, & Stephen S. Nelson, a committee of the Danbury Baptist association in the state of Connecticut.

Gentlemen

The affectionate sentiments of esteem & approbation which you are so good as to express towards me, on behalf of the Danbury Baptist association, give me the highest satisfaction. my duties dictate a faithful & zealous pursuit of the interests of my constituents, and in proportion as they are persuaded of my fidelity to those duties, the discharge of them becomes more & more pleasing.

Continued…

Believing with you that religion is a matter which lies solely between man & his god, that he owes account to none other for his faith or his worship, that the legitimate powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature 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.

. . .

Court Decisions

Page 556 in your textbook

“How did the Court Rule?”

Freedom of Speech?

Ferguson, Missouri

Freedom of the Press?

6 more journalists arrested in Ferguson protests

Most were only held briefly, not charged

Author: By Brian Stelter CNN

Six journalists were taken into custody while covering the protests in Ferguson, Missouri, on Monday and early Tuesday, aggravating what one press freedom group has called a "concerted, top-down effort to restrict the fundamental First Amendment rights of the public and the press.“ The incidents bring the total number of journalists arrested during the mid-August protests to 11.

Freedoms of Speech and Press

Page 564 in our textbook – “Rules of the Road”

Freedom of Assembly and Petition?

Public vs Private Property

Page 571 in our textbook…

How does the NRA feel about the Second Amendment?

Gun Violence in Chicago

http://crime.chicagotribune.com/chicago/shootings

The Gun Control Debate

Gun control is a hot button issue that boils over whenever acts of gun violence occur. Citizens, lawmakers and gun lobbyists have been debating the issue of gun control for more than a century, and there has yet to be a definitive answer. Proponents of gun control don’t believe that state and federal gun control acts do enough, and gun rights advocates believe that the laws go too far.

Opponents of Gun Control

Opponents of gun control laws argue that Americans have the right to bear arms. They say that gun control laws would prevent individuals from defending themselves and their property lawfully. They also support the rights of hunters, sport shooters and recreational gunmen. One of the most common laws that these groups cite is the Second Amendment of the U.S. Constitution. This 27-word passage includes the famous phrase “the right of the people to keep and bear arms shall not be infringed.” The fundamental argument that gun control opponents make is that the right to own and use weapons is an undeniable personal freedom guaranteed by the Constitution.

Proponents of Gun Control

Proponents of gun control believe that stronger laws can prevent the needless loss of life. Even individuals who support gun rights acknowledge that certain people should not be permitted to own guns. Current gun control laws prevent criminals, mentally ill individuals and children from owning guns. Unfortunately, there have been instances where young people and deranged gunmen have acquired weapons and used them to commit mass murders. Law reviews from the 1970s cite America’s high rate of gun-related crimes compared to other industrial countries as a driving factor behind gun control legislation. Statistics like this prompted New York City to successfully reduce its crime rates by putting gun control laws into action.

Thomas Jefferson...

Video Time

Lets look at one side of the argument, then a debate, and then the other side...

And then what tyranny may look like one day???

Third Amendment

This amendment was added to prevent the United States military do to its citizens what the British army had done, make residents house and feed its soldiers. This amendment is viewed now as antiquated and has never been the subject of a Supreme Court case.

The Fourth Amendment

Turn to page 586. What is “Probable Cause?”

Turn to page 588. What was Mapp v Ohio?

Look at Page 589. Exceptions have been made to the Exclusionary Rule.

Mapp v Ohio?

Video Time...

The Fifth Amendment

Turn to page 594. “Steps of Justice”

The Fifth Amendment gives you the right to remain silent and that you can not be tried for the same crime more than once or “double jeopardy”. It also calls for a grand jury, an indictment, and presentment of the accusation(s).

Right to Remain Silent

Part of the Miranda warning, “You have the right to remain silent, anything you say may be used against you in a court of law...”

This is referred to as “Pleading the Fifth.”

The accused has the right to remain silent, so as not to incriminate themselves.

Miranda Rights

Page 600 in your textbook. Landmark Decisions of the Supreme Court.

Miranda v. Arizona (1966)

Who was Ernesto Miranda?

Video Time...

Miranda's story...

Eminent Domain

The Fifth Amendment also states that “nor shall private property be taken for public use, without just compensation.”

Eminent Domain: Power of a government to take private property for public use.

Who has Eminent Domain powers in Tennessee?

http://www.state.tn.us/tacir/PDF_FILES/Growth_Policy/EminentDomain.pdf

Video Time….

How would you like to lose your house?

Speedy Trial

What is the definition of Speedy?JUNE 26, 2013: Hernandez is taken into custody by

police. Just hours after that happens, the Patriots release Hernandez. Thing don't get much better later in the day for Hernandez. At a court hearing, Hernandez is charged with murder in relation to Lloyd's death. Later that evening, a Boston television station reports that police are looking into possible ties Hernandez might have to a 2012 double-murder.

Speedy?

June, 16, 2014: Nearly a year to the day after Lloyd was gunned down, a tentative trial date is finally set for Hernandez. Assuming there are no further delays, the murder case will begin on October 6.

How long is too long?

Barker v Wingo, a 1972 Supreme Court case, established four criteria for a speedy trial:

1) The length of the delay

2) The reasons for it

3) Whether the delay has harmed the defendant

4) Whether the defendant has asked for a prompt trial.

Public Trial

This ensures that someone is tried in public, to add a level of protection from the prosecution. Some trials, like the O.J. Simpson trial, have been very public.

Trial by Jury

A jury of ones peers from “the State and district wherein the crime shall have been committed...” This gives the accused the benefit of having a jury familiar with the people and problems in their area.

Change of Venue

The accused want a trial where no one has a vast amount of prior knowledge of the crime. He or she can request a change of venue to try to get their trial moved to another location where the jury may be more impartial due to less exposure to coverage of the case.

Bench Trial

The accused may want to have a trial without a jury. The defendant may waive their right to a jury trial and have the judge decide the case. This is called a bench trial. The defendant may also plead guilty.

Adequate Defense

Turn to page 597, Gideon v Wainwright

Clarence Earl Gideon

Video Time…

Video Time…

Anyone heard of the McDonalds Hot Coffee Case?

Video Time…

What really happened?

Newspaper Time

http://www.chron.com/news/houston-texas/houston/article/Prosecutor-who-sent-innocent-man-to-death-row-to-5604365.php

Ninth Amendment

http://civilliberty.about.com/od/equalrights/p/9th_amendment.htm

Tenth Amendment

http://www.heritage.org/constitution#!/amendments/10/essays/163/reserved-powers-of-the-states

Today's State Standards Rights and Responsibilities of Citizens

Students evaluate the scope and limits of rights and obligations as democratic citizens, the relationships among them, and how they are secured.

GC. 36 Explain how economic rights are secured and their importance to the individual and to society, including the right to acquire, use, transfer, and dispose of property; right to choose one’s work; the purpose of labor unions; copyrights and patents. (P)

GC.37 Describe the individual’s legal obligations to obey the law, serve as a juror, and pay taxes. (P)

GC.38 Connect insights gained from appropriate informational text to describe the obligations of civic-mindedness, including voting, being informed on civic issues, volunteering and performing public service, and serving in the military or alternative service. (P)

GC.40 Explain how one becomes a citizen of the United States, including the process of naturalization. (P)

Our objectives

Understand our rights as granted by the Bill of Rights. Understand our obligations as US citizens.