Civics - Amendments

structure of the constitution

• preamble

• 7 articles

• 27 amendments (including Bill of Rights)

bill of rights

• 1st ten Amendments of the Constitution

• James Madison credited as author

• an example of civil liberties, NOT civil rights

• first amendment liberties are most absolute

civil liberties

freedoms from the government

civil rights

gov. protects people from discrimination

first Amendment

speech, religion, press, petition, peacefully assemble

speech

spoken or nonverbal (symbolic) language

limits to freedom of speech

1. fighting words

2. schools

3. defamation

4. imminent lawless action

5. obscenity

6. “time, manner, place”

fighting words

• threaten

• harass

• intimidate

★ general hate speech mostly protected by law

schools

• “disrupts learning environment”

• “sexually vulgar and lewd”

• encourages drug use + illegal activities

defamation

• knowingly saying something false about someone to hurt their reputation

• two types: libel + slander

• libel: written

• slander: spoken

imminent lawless action

speech inciting someone to break the law

obscenity

• nudity

• courts often struggle with this category, as determining whether something is art or sexually explicit is difficult

“time, manner, place”

• gov. can limit speech in these ways if done neutrally

• ex: can’t restrict KKK’s protests while not restricting BLM protests

freedom of religion

outlined in first amendment by two clauses: establishment clause + free exercise clause

establishment clause

• gov. can’t establish an official religion or act with the purpose of advancing one

• “separation of church and state”

free exercise clause

gov. can’t violate your right to practice religion

second amendment

right to bear arms

original purpose of the second amendment

• self-defense against tyrannical government

• a check on power

purpose of second amendment today

• so the gov. doesn’t have a monopoly on force

• self-defense against criminals

• traditional lawful purpose

court case dealing w/ second amendment

DC v. Heller

DC v. Heller

• DC had a law banning handguns

• constitutional question: can a state have a law banning guns without violating the second amendment?

• verdict: unconstitutional, b/c by banning handguns, you’re banning “traditional lawful purpose”

third amendment

• a response to the quartering act

• soldiers can’t force you to shelter them

fourth amendment

no unreasonable searches or seizures