UNIT 1



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UNIT II

CITIZENSHIP DUTIES, RIGHTS, AND LIBERTIES

Lesson 6

What are a U.S. citizen’s rights? What are civil liberties? Where do they come from?

SS.7.C.2.4 Evaluate rights contained in the Bill of Rights and other amendments to the Constitution.

SS.7.C.3.6 Evaluate Constitutional rights and their impact on individuals and society.

Source

Adapted from lessons by Glenna Humphries, Social Studies Teacher, Broward County School District and The Bill of Rights Institute at

Overview

This activity introduces participants to their basic rights and liberties found in the United States Bill of Rights and the State of Florida Declaration of Rights.

Objectives

• Students will be able to identify their civil rights and liberties.

• Students will be able to illustrate the meaning of the 14 rights found in the United States Bill of Rights.

Time

• Three 50 minute class periods

Passport Vocabulary

• Civil rights

o The rights belonging to an individual by virtue of citizenship; traditionally refers to the basic right to be free from unequal treatment based on certain protected characteristics (i.e., race, gender, disability)

• Civil liberties

o The basic rights that are guaranteed by the Bill of Rights or the Constitution (i.e., speech, religion, due process)

• Infringement

o The violation of a right or a law

Strategies

• Compare and contrast

• Consensus-building

Materials

• Copies of “United States Bill of Rights” worksheet, 1 per student (see below)

• Blank piece of white paper and coloring supplies for each student (see Word file for example)

• Copies of “Handout A: Which Rights Do I Value Most?” from the Bill of Rights Institute PDF, 1 per student (see PDF file with this lesson)

• Copies of laminated “Handout B: Scenario Cards” from the Bill of Rights Institute PDF, 1 per student group (see PDF file with this lesson)

• Copies “Comparing Florida’s Declaration of Rights,” 1 per every 2 students (see Word file with this lesson)

Activities

Day One

1. Begin class by distributing a copy of the “United States Bill of Rights” Worksheet to each student. Go through each amendment one-by-one and discuss its meaning. You also want to help students identify the major rights found in each amendment and write them on the lines provided below.

2. Distribute a sheet of white 8 ½ by 11-inch paper (computer/copy paper) to each student. Have them fold the piece of paper in half four times so that they create a 4-column/4-row table. They should position the paper horizontally and then label the boxes as described below.

a. First box: The United States Bill of Rights

b. Second through sixth boxes: Amendment 1

c. Seventh box: Amendment 2

d. Eighth box: Amendment 3

e. Ninth box: Amendment 4

f. Tenth box: Amendment 5

g. Eleventh box: Amendment 6

h. Twelfth box: Amendment 7

i. Thirteenth box: Amendment 8

j. Fourteenth box: Amendment 9

k. Fifteenth box: Amendment 10

l. Sixteenth box: Student Name

3. In each box, instruct students to draw an image that illustrates the right(s) found in that amendment. Later on, this can serve as a study guide for a quiz on the Bill of Rights.

4. For homework, give students “Handout A: Which Rights Do I Value Most” from The Bill of Rights Institute PDF. Present the following scenario and directions:

Hostile forces have invaded the United States and the federal government has been overthrown. The leader of the new government is a dictator and will allow the American citizen to keep five of the fundamental liberties guaranteed by the Bill of Rights. Select the five that are most important to you. List them along with a paragraph defending your choices. Complete Handout A for homework.

Day Two

1. Ask students to share and defend some of their responses from Handout A.

2. Try to develop a consensus of the one right that nobody in the class would be willing to give up (and/or if there is a right that everyone agrees they could live without).

3. Conclude the discussion by reminding students that many of the rights protected in the Bill of Rights are natural human rights that none of them should live without. The Bill of Rights protects us from government infringement on those rights.

4. Divide students into 12 groups.

5. Give each group a Scenario Card from “Handout B: Bill of Rights Scenario Cards.” Students should consult an individual copy of the Bill of Rights and/or their Bill of Rights illustration chart from the previous day’s activity while working with their group members to answer the following questions on a separate sheet of paper:

a. What right (if any) is being violated in this scenario?

b. Which amendment (if any) in the Bill of Rights would offer protection against such a violation?

6. After two or three minutes, have students pass their Scenario Card to the group to their right.

7. Repeat the procedure until each group has seen every Scenario Card.

8. When the groups have concluded with their final card, ask one member of each group to stand as the group representative for their analysis of their last card. Group representatives should align themselves in the front of the classroom in Amendment number order to create a living Bill of Rights (note: some Amendments will have more than one representative in the line).

9. Have each representative read their group’s scenario card and share with the class the responses they generated with their partner(s).

Day Three

1. Begin class with a brief review of the Bill of Rights. Ask students to take out their Bill of Rights illustration charts to use as a reference. Then quiz the students on the rights protected in the U.S. Bill of Rights.

2. After reviewing the U.S. Bill of Rights explain to students that in addition to having rights as citizens of the United States, they also have rights as citizens of the State of Florida. Let them know that, just like the United States has a Constitution, so does the State of Florida. And just like the United States Constitution has a Bill of Rights, the State of Florida Constitution has a Declaration of Rights.

3. Pair students up and distribute a copy of the worksheet labeled “Comparing Florida’s Declaration of Rights to the United States Bill of Rights.” Using their copy of the U.S. Bill of Rights and their Bill of Rights illustration charts, instruct students to read each right and determine if that right is also in the United States Bill of Rights. If so, they are to write “Yes” in the second column and then the number of the Bill of Rights amendment in the third column. If no, they are to write” No” in the second column and leave the third column blank.

4. When students have finished, go over the worksheet as a class.

5. Then lead a class discussion about the two documents and how they protect citizens’ rights. Here are some ideas for questions:

a. Are there a lot of repeats between the two documents?

b. If the U.S. Bill of Rights already protects our rights, why would the State of Florida bother to make its own Declaration of Rights? (*The U.S. Bill of Rights originally only protected citizens from the federal government.)

c. Which document do you like better? Why?

Extension Suggestion

Assign students to research in pairs one of the topics (e.g., Expression, Religion, or Property) from the “Bill of Rights in the News Activity” section of the Bill of Rights Institute Web site:

Students should write a two-paragraph essay of major positions on the issue and conclude with their opinions.

The United States Bill of Rights

Amendment I

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.

______________________________ ______________________________

______________________________ ______________________________

Amendment II

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.

______________________________

Amendment III

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.

____________________________________________________

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 or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

_____________________________________________________

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.

__________________________________ __________________________________

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 his favor, and to have the assistance of counsel for his defense.

_______________________________ ________________________

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

___________________________________

Amendment VIII

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

__________________________________ __________________________________

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

__________________________________ __________________________________

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

__________________________________ __________________________________

KEY

Main rights in the United States Bill of Rights

Amendment 1: religion, speech, press, assembly, petition

Amendment 2: right to bear arms

Amendment 3: no quartering of troops

Amendment 4: no unreasonable search and seizure

Amendment 5: due process, no double jeopardy, no self-incrimination

Amendment 6: speedy and public trial by jury, right to a lawyer

Amendment 7: civil trial by jury

Amendment 8: no excessive bail, no cruel or unusual punishment

Amendment 9: protection of rights not listed in the Bill of Rights

Amendment 10: powers of the states and people

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TEACHER CONTENT KNOWLEDGE RESOURCE

UNIT II

FOUNDATIONS OF AMERICAN GOVERNMENT

Lesson 6

What are a U.S. citizen’s rights? What are civil liberties? Where do they come from?

SS.7.C.2.4 Evaluate rights contained in the Bill of Rights and other amendments to the Constitution.

Passport Vocabulary

• Civil rights

o The rights belonging to an individual by virtue of citizenship; traditionally refers to the basic right to be free from unequal treatment based on certain protected characteristics (i.e., race, gender, disability).

• Civil liberties

o The basic rights that are guaranteed by the Bill of Rights or the Constitution (i.e., speech, religion, due process).

• Infringement

o The violation of a right or a law.

This document addresses the following issues:

1. The U.S. Bill of Rights: Substance, Background and Ratification

2. Extension of the Bill of Rights to the States

3. The Florida Declaration of Rights: Substance, Background and Ratification

1. The U.S. Bill of Rights: Substance, Background and Ratification

The “Bill of Rights” is the first ten amendments of the U.S. Constitution; the Bill of Rights was ratified in 1791. It was intended to protect the people from the federal government abusing its power, specifically as to the rights of political expression, the rights and protections accorded individuals accused of crimes, private property protection, and the rights of the people as they relate to federal and state laws.

While the Bill of Rights was not included in the original U.S. Constitution, the notion that the federal government would abuse its powers relative to the people was very much a part of the constitutional debate. The Anti-Federalists, who advocated states ’ rights, decentralized government, strongly opposed the federal, shared powers arrangement advocated by the Federalists and reflected in the U.S. Constitution. The Anti-Federalists feared that the failure of the Federalists to include rights that would protect the people from the federal government would result in that government abusing its newly acquired power. The Anti-Federalists suggested a compromise position where, once the Constitution was ratified, a series of amendments enumerating specific protections would be considered by the new Congress. The original Bill of Rights had 17 amendments. These 17 amendments were voted on by the first House of Representatives. The first Senate voted on the amendments on June 8, 1789, but ratified 12 of these on September 25, 1789. The 12 amendments were reduced to 10 after Congress’ vote. The 13 states voted on these provisions between November 1789 and December 1791 at which time the Bill of Rights was formally added to the U.S. Constitution.

The first word of the Bill of Rights, “Congress”, speaks to the focus of the Bill of Rights on the federal government. Under the Bill of Rights, citizens are guaranteed the right to free speech and religion, assembly, and the right to petition the government. Citizens are also guaranteed that Congress will not establish a religion, which is a right related to, though different from, freedom of religion. The Bill of Rights also protects those accused of a crime in that they are entitled to due process of law, and are protected from incriminating themselves, “cruel and unusual” punishment, unreasonable search and seizure and being tried twice for committing the same crime. The concept of “due process” also includes the right to legal representation in criminal trials, the right to face one’s accuser, and the right to trial by jury. The Bill of Rights also protects property rights in that citizens may not be forced to house military personnel during peacetime and only during wartime by an Act of Congress, and that citizens’ property may only be taken with “just compensation”.

2. Extension of the Bill of Rights to the States

The Bill of Rights has been subject to extensive interpretation by the U.S. Supreme Court. Many argue that the most notable interpretation occurred when the high Court decided in Gitlow v. New York (1925) that the 14th amendment could serve as a tool for applying the Bill of Rights to state law. The 14th amendment includes “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” The Gitlow case extended the “equal protection” and “due process” clauses of the Bill of Rights to the states on a selective basis. Because states may not deny U.S. citizens their due process and equal protection rights under the 14th amendment, U.S. citizens are protected when state laws deny them their rights under the federal Bill of Rights.

The process where the U.S. Supreme Court interprets state laws according to the protections established in the Bill of Rights is called “selective incorporation”—the court “selects” cases dealing with specific laws that, if found to violate the federal Bill of Rights, are “incorporated” into the Bill of Rights. This holds true even though the Bill of Rights was intended to protect citizens from the federal government and not the state governments.

Below is a table of key cases where state laws have been found to violate the Bill of Rights:

|Case |Year |Provision |Amendment |

|Gitlow v. New York |1925 |Freedom of Speech |First |

|Near v. Minnesota |1931 |Freedom of the Press |First |

|Powell v. Alabama |1932 |Right to counsel in capital |Sixth |

| | |cases | |

|De Jonge v. Oregon |1937 |Freedom of assembly |First |

| | |Right to petition | |

|Cantwell v. Connecticut |1940 |Free exercise of religion |First |

|Everson v. Board of Education |1947 |No establishment of religion |First |

|In re Oliver |1948 |Right to public trial |Sixth |

|Wolf v. Colorado |1949 |Rights against unreasonable |Fourth |

| | |search and seizure | |

|Mapp v. Ohio |1961 |Exclusionary rule |Fourth (and Fifth) |

|Robinson v. California |1962 |Right against cruel and unusual |Eighth |

| | |punishment | |

|Gideon v. Wainwright |1963 |Right to counsel in felony cases|Sixth |

|Malloy v. Hogan |1964 |Right against self-incrimination|Fifth |

|Pointer v. Texas |1965 |Right to confront witnesses |Sixth |

|Griswold v. Connecticut |1965 |Privacy |First |

| | | |Third |

| | | |Fourth |

| | | |Fifth |

| | | |Sixth |

| | | |Ninth |

|Parker v. Gladden |1966 |Right to impartial jury |Sixth |

|Klopfer v. North Carolina |1967 |Right to speedy trial |Sixth |

|Washington v. Texas |1967 |Right to compulsory process |Sixth |

|Duncan v. Louisiana |1968 |Right to jury trial in cases |Sixth |

| | |involving serious crime | |

|Benton v. Maryland |1969 |Right against double jeopardy |Fifth |

|Argersinger v. Hamlin |1972 |Right to counsel in any criminal|Sixth |

| | |case with potential sentence of | |

| | |incarceration | |

|Roe v. Wade |1973 |Privacy |First |

| | | |Third |

| | | |Fourth |

| | | |Fifth |

| | | |Sixth |

| | | |Ninth |

3. The Florida Declaration of Rights: Substance, Background and Ratification

The Florida Declaration of Rights was added to Florida’s original 1833 Constitution in 1865. The current Declaration of Rights was included in Florida’s current constitution, which was ratified in 1968. Since Florida’s current constitution was put into place, the Declaration of Rights has been amended several times, most recently in 2004. The Florida Declaration of Rights is Article I, the first section of the current Florida Constitution. Many of the rights enumerated in the Florida Declaration of Rights are the same as, or similar to, the rights enumerated in the U.S. Bill of Rights. Recent additions to the Florida Declaration of Rights include the right to privacy (1998), access to public records and public meetings (2002), a taxpayer’s Bill of Rights (1992), and fair compensation for medical liability (2004).

REFERENCES

Agel, Jerome B. We, The People - Great Documents of the American Nation. New York, NY: Barnes & Noble Books, 2000.

Amar, Akhil Reed. America's Constitution - A Biography. New York, NY: Random House, 2005.

Amar, Akhil Reed. The Bill of Rights - Creation and Reconstruction. New Haven, CT: Yale University Press, 1998.

Bowen, Catherine Drinker. Miracle at Philadelphia - The Story of the Constitutional Convention May to September 1787. Boston, MA: Atlantic Monthly Press, 1966.

Cullop, Floyd G. The Constitution of the United States - An Introduction. New York, NY: New American Library, 1999.

Ketcham, Ralph, ed. The Anti-Federalist Papers and the Constitutional Convention Debates. New York, NY: Penguin Books, 1986.

Levy, Leonard. Origins of the Bill of Rights. New Haven, CT: Yale University Press, 1999.

Padover, Saul; Landynski, Jacob. The Living U.S. Constitution. New York, NY: Meridian, 1995.

Van Doren, Carl. The Great Rehearsal - The Story of the Making and Ratifying of the Constitution of the United States. New York, NY: Viking Penguin, 1986.

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