3.6 Amendments: Balancing Individual Freedom with Public Order and Safety

Announcements:

Welcome to another week of online learning! It looks like the Missouri Constitution test was a success and you have cleared that hurdle towards graduation. This week, we will continue our examination of civil liberties, specifically looking at Amendments 2-8. Like past weeks, this will consist of daily posts, Khan Academy modules, videos, and multiple Supreme Court cases. You can find our weekly planner here. Remember, posts are reverse ordered, so you may have to scroll to find Monday's, Tuesday's, etc.


Please continue to stay on top of the content as all of this material is part of Unit 3 which will be tested on the AP exam on May 11th.

In addition to watching the screencast and/or reading today's post, please make sure you:

1. Read the Oyez summary of Mapp v. Ohio
2. Fill in the information about this case on the Supreme Court case matrix (use the same copy you have been using)
3. Watch the Khan Academy video on the 4th Amendment

READING: 85-126 in Edwards

UNIT THREE Identification Terms 

Today's Essential Question: How does the government effectively balance protection of private property and privacy with the need to maintain order?

Learning Standards:

LOR-2.D: Explain how the Supreme Court has attempted to balance claims of individual freedom with laws and enforcement procedures that promote public order and safety.

LOR-2.D.2 The debate about the Second and Fourth Amendments involves concerns about public safety and whether or not the government regulation of firearms or collection of digital metadata promotes or interferes with public safety and individual rights.

LOR-3.B.3: Pretrial rights of the accused and the prohibition of unreasonable searches and seizures are intended to ensure that citizen liberties are not eclipsed by the need for social order and security, including: 

1. The right to legal counsel, a speedy and public trial, and an impartial jury 
2. Protection against warrantless searches of cell phone data under the Fourth Amendment 
3. Limitations placed on bulk collection of telecommunication metadata (Patriot and USA Freedom Acts)

LOR-3.B.4: The due process clause has been applied to guarantee the right to an attorney and protection from unreasonable searches and seizures, as represented by: 

1. Gideon v. Wainwright (1963), which guaranteed the right to an attorney for the poor or indigent 
2. The exclusionary rule, which stipulates that evidence illegally seized by law enforcement officers in violation of the suspect’s Fourth Amendment right to be free from unreasonable searches and seizures cannot be used against that suspect in criminal prosecution

The 4th Amendment

One of the most difficult challenges for government is finding the balance between individual freedom and maintaining order. The rights outlined in the first ten amendments are designed to protect individual freedoms, but government must also protect public safety. One area that is frequently at issue is the protection from unreasonable search and seizure guaranteed by the 4th Amendment.

Review Videos:

3.1b Selective Incorporation

Announcements:
In addition to reading today's post, please make sure you:

1. Complete the assigned Khan Academy modules over selective incorporation 
2. Watch the video assigned through EdPuzzle (no questions)
3. Complete the self-assessment on selective incorporation.

As always, email me if you have any questions or need help!

READING: 85-126 in Edwards

UNIT THREE Identification Terms 
________________________________________________

Today's Essential Question: What is selective incorporation and how does it affect individual liberties?

Learning Standards:

LOR-2.A: Explain how the U.S. Constitution protects individual liberties and rights.

LOR-2.B: Describe the rights protected in the Bill of Rights

LOR-2.A.1: The U.S. Constitution includes a Bill of Rights specifically designed to protect individual liberties and rights.

LOR-2.A.2: Civil liberties are constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference.

LOR-2.B.1: The Bill of Rights consists of the first ten Amendments to the Constitution, which enumerate the liberties and rights of individuals.

Today's Key Questions:
1. Does the Bill of Rights apply to the states or are they just protections from the federal government?
2. What is incorporation, sometimes referred to as selective incorporation?


1. Does the Bill of Rights apply to the states or are they just protections from the federal government? 
2. What is incorporation, sometimes referred to as selective incorporation?
The 1st Amendment begins, "Congress shall make no law respecting an establishment of religion..."  Does this mean that the Bill of Rights only protects you from the federal government or does it extend to protections from state governments as well? The Supreme Court first addressed this issue in the court case Barron v. Baltimore (1833). Read this case summary to see what the Marshall Court decided.

The passage of the 14th Amendment in 1870 radically changes the Constitution and its meaning however. Specifically, the due process clause prevents states from depriving citizens of their life, liberty, or property without due process of law. A series of court cases starting in the 20th century begins applying the Bill of Rights to the states, a process known as incorporation. Read about the 14th Amendment, due process, and selective incorporation here.

How do each of the following court cases relate to concept of incorporation? What right is being incorporated?

• Gitlow v. New York, 1925
• Near v. Minnesota, 1931
• Mapp v. Ohio, 1961
• Gideon v. Wainwright, 1963
• McDonald v. Chicago, 2010

Review Videos: