Grand Rapids Bar Association 3Rs Program 3Rs Program Instructor’s Manual1

GRAND RAPIDS BAR ASSOCIATION 3RS PROGRAM Rights, Responsibilities & Realities The Grand Rapids Bar Association, with substantial support from the Justice Foundation of West Michigan, is partnering with the Grand Rapids Public Schools to present an innovative Civics Education Program to students at Ottawa Hills High School. The program, entitled “The 3Rs,” provides education regarding Rights, Responsibilities and Realities and is designed to address fundamental issues facing students and, ultimately, our city and region. Loosely based on the highly successful model created by the Cleveland Bar Association, the program uses a real-world curriculum focused on the U.S. Constitution and addresses such things as Freedom of Expression, the Fourth Amendment, the Right to Vote and Equal Protection. The 3Rs Program calls upon teams of volunteers to go into classrooms for eight separate sessions between October and May to work with small groups of students to accomplish the following goals: ■ Improve understanding of and respect for the rule of law and our Constitution. ■ Provide practical career counseling to focus students on their potential beyond high school; and ■ Improve the “pipeline” of students of color, flowing into legal careers in the region. Each classroom will have a team leader and three other program faculty who will each work with a group of 5-6 students throughout the eight-month program. The volunteer faculty will receive training and will utilize a prepared lesson plan for each session that places an emphasis on student participation. The students will be evaluated on their achievements in the program. The program comes at a critical time in our society, a time where civics education is becoming an afterthought in the face of the need for proficiency in math and science in order for the schools to meet the requirements of educational mandates. While these mandates may assist in accomplishing their stated goals, we simply cannot risk an education system that could leave our young ones without the education and tools necessary to be fully functioning citizens in our democratic society. They need to know how our system of government works and what role they can play in our legislative process. In addition to the benefits that flow from the educational component of the program, the 3R’s will assist in the Justice Foundation of West Michigan and the Managing Partners Diversity Collaborative's pipeline development activities by placing students in frequent contact with members of the legal profession. One of the sessions is entirely devoted to practical career counseling. The students will learn much more than they may know from television or from other random occurrences providing them a view of the legal system in their day-to-day life. Furthermore, they will learn that one does not have to come from a family of lawyers or professionals to become a lawyer and that there can be a place in the law for them. More than ever, Grand Rapids Public School students need the personal involvement of the community to help them maximize their potential. The success of these students and the success of our region are mutually dependent. The Grand Rapids legal community is well-positioned to make a positive impact through volunteer faculty commitment to the 3Rs Program.2

GRAND RAPIDS BAR ASSOCIATION 3RS PROGRAM PROGRAM OVERVIEW AND GOALS The 3Rs Program is an unprecedented program of the Grand Rapids Bar Association and Justice Foundation of West Michigan, undertaken by members of the Grand Rapids legal community in partnership with the Grand Rapids Public Schools. The program aims to have volunteers personally connect with high school students to address fundamental issues facing the students and, ultimately, our city and region. Using a real-world curriculum based on the U.S. Constitution, the 3Rs Program calls upon teams of volunteer faculty to go to classes at Ottawa Hills High School to work with small groups of students to accomplish the following goals: ■ Improve understanding of and respect for the rule of law and our Constitution ■ Increase interest in civic and governmental issues ■ Provide practical career counseling to focus students on their potential beyond high school ■ Improve the "pipeline" of students of color flowing into legal careers in the region More than ever, Grand Rapids Public School students need the personal involvement of the community to help them to maximize their potential. The success of these students and the success of our region are mutually dependent. The Grand Rapids legal community is well-positioned to make a positive impact through volunteer commitment. 3RS SPONSORS The 3Rs is co-sponsored by the Justice Foundation of West Michigan and the Grand Rapids Public Schools. 3RS CONTACT For information about the program, contact: Brianna Gohlke-Clausen, Executive Director, Grand Rapids Bar Association Telephone: (616) 454-5550 E-mail: brianna@grbar.org or, Rachel Higuera Muecke, Administrative Specialist, Grand Rapids Bar Association Telephone: (616) 454-5550 E-mail: rachel@grbar.org Grand Rapids Bar Association 99 Monroe Ave NW, Suite 510 Grand Rapids, Michigan 495033

USER’S MANUAL: PREPARING FOR THE CLASSROOM VISIT Please bookmark the 3Rs page of the GRBA website (www.grbar.org/3RsProgram) where you will find valuable information about the program, the calendar of visits, resources, and important news throughout the school year. HOW TO USE THE CURRICULUM MATERIALS With a few exceptions (affected teams will be advised), class periods will be 50 minutes in length. The curriculum materials have been developed to include a basic lesson plan with activities to be undertaken within the 50-minute period almost entirely in small group/discussion format. It is critical that you prepare ahead of time for your classroom visit. Please review the materials to understand what is to be covered within the class period and what are suggested to the students as optional activities to be done on their own time. The materials in your Instructor's Guide are organized in the following way behind each lesson tab: 1. Lesson outline with suggested script for volunteer instructors 2. Corresponding student worksheet incorporating the lesson activities 3. Optional student activities (to be completed on students’ own time) Additionally, behind the Supplemental Materials tab, you will find a copy of the U.S. Constitution and Glossary for your reference, which are also included in the student materials. Volunteers are strongly encouraged to adjust lessons to the format that works best for their individual classes. The program is founded on the benefits of small group discussion and face-to- face interaction with students, but within the lessons instructors may feel free to present the materials in the way that best communicates the information to their small groups. For example, some students respond better to question-and-answer sessions and may feel comfortable speaking in front of the group, while others may not. Volunteers are also encouraged to research current, real-life events that illustrate Lessons and will engage students. For suggestions and techniques that volunteers have used successfully in the past, please see the Volunteer Guidelines and Suggestions, included with these materials. We have committed ourselves to full support and assistance throughout the program year. If you have questions, concerns, or comments of any kind, please let us know by contacting Rachel Muecke at (616) 454-5550 as soon as the issue arises. Thank you for volunteering to be a part of the 3Rs and showing your support for the Grand Rapids Public Schools and the students in our community. With your help, we can make a difference4

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LESSON 1: INTRODUCTION TO THE 3RS INTRODUCTION TO LESSON (ALL IN ONE ROOM) (5 MINUTES) TEAM LEADER: Hello, my name is , and I am one of the attorneys who have volunteered to visit your class as part of the Grand Rapids Bar Association's 3Rs program. Let me introduce the other members of the team who will be working with you this hour: [Have each introduce him/herself, say where he/she works, and what he/she does, Team Leader included.] The 3Rs program involves monthly visits by attorneys and law students to discuss your Constitutional Rights, Responsibilities, and Realities (the 3Rs). We will also provide you with some career counseling. Knowing your rights and responsibilities, and understanding the realities of the law, can help you succeed in life. When you understand the U.S. Constitution and the structure that the rule of law provides in our country, it will help you become a better citizen. It will also help you understand how the Constitution protects you when you interact with governmental institutions such as your school or the police. The Constitution is the document that sets forth our form of government. It identifies who has the power to govern us and how that power is to be exercised. No law can conflict with the Constitution, which is the “supreme law of the land.” The Constitution also identifies certain individual liberties that we have as citizens that governments cannot take from us. Many of these rights are contained in the Bill of Rights, which is the name for the first ten amendments added to the Constitution in 1791. We will be discussing some of the rights under these amendments: freedom of speech (First Amendment); search & seizure (Fourth Amendment); equal protection (Fourteenth Amendment), and the right to vote (several amendments). We will see that constitutional rights are not absolute (without limits or conditions). They must be carefully balanced against the rights of others and the common good of society as a whole. Judges in the federal courts define the limits of our individual rights by interpreting the language of the Constitution as it applies to the case before them, keeping in mind how the courts have interpreted those words in similar circumstances over the years. Prior court rulings are known as precedent. We will share our knowledge with you so that you have a better understanding and appreciation of the laws. We will discuss the law and its impact on our day-to-day lives. There are things that get reported every day on television, radio, and in newspapers that involve the application of the Constitution to day-to-day life. Things such as what you can say about someone or what kind of searches the police can conduct without your permission. We will talk about current events regarding these Constitutional principles. We are as likely to talk about celebrities and athletes, as we are to talk about judges and law books. And we will be debating one another on all of the topics we discuss. In order to have good discussions and to help all of us feel comfortable with sharing our ideas, we need to talk a little about how we treat each other. Along with Rights, Responsibilities, and Realities, we need to discuss respect. We are here because we want to show you why this program is important to you and because we care about you. Every month, we will show you respect by listening to your questions and your comments without any judgment. We won’t make fun of anything that you say, and we won’t think that you're not smart for any comment6

that you make. In return, we ask that you treat your classmates with the same amount of respect. When we meet in our groups, we want you to feel safe. We want you to speak your mind and not be afraid of giving a wrong or unpopular answer. We are going to show you a DVD/Video of the 3Rs program. VIDEO: (5 MINUTES) We will now break into our small groups. We will make every effort to keep the same faculty with each small group. SMALL GROUP DISCUSSION: INTRODUCTIONS / STUDENT GOALS / CAREER INTERESTS (25 MINUTES OR TIME REMAINING) ATTORNEY IN SMALL GROUP: Again, my name is . Here is my business card [pass it out to each student]. Feel free to contact me at my office if you have any questions related to law, careers, or otherwise. I have volunteered to meet with you every month for the duration of the program. I really look forward to getting to know each of you. What are your names? [Have each tell his/her name and create a name tent by folding a piece of paper lengthwise so it is visible to you.] Thank you. Let's get to know each other a little better. First, let me share with you a little bit about where I came from and about the career path I took to get where I am today. [Share with the students what you do, where you work, what interests you had that led you to choose law as a career, and something you might find inspiring and/or encouraging to them in thinking about their career possibilities, including obstacles you overcame to reach your career goal and/or assistance or guidance someone provided to help you.] Now, I’m hoping you will share with me a little bit about your interests and thoughts about your future. [Sample questions to get students talking about themselves and their interests]: 1. What are you interested in now—at school or at home? 2. What are you good at? 3. Who do you admire? 4. When you think of yourself as an adult, what do you look like? What are you wearing and doing? 5. If you could learn to do anything really well, what would it be? 6. What do you want to do? Dream a little. 7. If you could do anything, what would it be?] [What if students come up with ideas like being a football star, braiding hair, or being a movie star or music star?] 1. OK. That sounds like something you would love. Is this something you can do all at once, or is it something you might want to take in steps? 2. What happens if you hurt yourself or can’t get that first break? What can you do that would still involve this thing you love? (Look at / refer students to the handout for related careers or throw in examples of your own.) 3. Do you want to try to do something that gets you part way, in order to pay your way to the next step? 4. Deciding what to do in your future doesn’t happen overnight, so what can you do to help sort that out? a) Do the best you can at everything in school. Whatever you do, it will take hard work. b) Try volunteering. c) Take challenging classes. They often will be the ones that make you interested in things.7

5. Talk to as many people as you can about what they do. You would be surprised how many people will be glad to talk to you. 6. Meet with your school counselor. He or she knows a great deal about how to help you think about and prepare for a career. [Help students understand that, if they don’t know exactly what they want to do, it is OK to just think about ways in which they can help decide that. For example, do they want to go down a college path? If so, they can learn about some possibilities and change their minds as they learn. Alternatively, do they want to work with their hands? In which case some trade education may be a good start.] WORKSHEET DISCUSSION Encourage students to take the student worksheet home and spend some time thinking about the list of careers in the handout. Also encourage them think about possible futures without thinking about whether they can afford them. Encourage them to look at the financial aid information. Take time to look up one or more of the online resources below, which are also in the student handout. ONLINE RESOURCES FOR CAREERS AND FINANCIAL AID http://www.careeronestop.org http://www.campusexplorer.com/careers http://www.careervillage.org www.collegeboard.org https://studentaid.gov www.act.org. The list of careers we have given you is certainly not complete. I often run into people who have careers I never thought about. I bet that you will find careers listed that you have never heard of. Some were new to me when I began preparing for this class.8

LESSON 1 STUDENT WORK SHEET: Career Goals Name Teacher/Class Period What are your interests/skills? What are your career goals? What training/education is needed for you to achieve your goals? 1. 2. 3. 4. 5.9

RELATED CAREERS FOR EXPRESSED INTERESTS 1. Sports a) Professional Player b) Sports Management c) Sports Promotion d) Agent (often a lawyer) e) Public Relations f) Advertising g) Event Coordinator h) Sports Journalist / Broadcaster i) Photojournalist j) Sports Analyst (Statistics) k) Physical Therapist l) Athletic Trainer m) Doctor n) Sport Psychologist o) Coach (High School, College, Pro) p) Exercise Physiologist /Kinesiologist q) Sports Lawyer 2. Beauty Industry a) Cosmetologist / Aesthetician (Hair, Nails, Facials, Skin Treatments, Electrolysis, Masseuse, Acupuncturist) b) School Instructor c) Salon Management / Ownership d) Salon Sales Consultant e) Manufacturer Sales Representative f) Photo and Movie Stylist g) Makeup Artist h) Model i) Fashion Show Stylist j) Beauty Magazine Writer or Editor k) Cosmetology School Owner l) Beauty care Marketing m) Marketing / Advertising n) Salon Computer Expert o) Beauty care Public Relations Specialist p) Research Chemist q) Beauty Product Designer / Quality Control r) Trade Show Director s) Beauty Business Consultant t) Industry Lawyer 3. Fashion Design a) Fashion Designer b) Store Manager c) Sales/Brand Representative d) Buyer / Assistant Buyer e) Visual Merchandiser f) Fashion Journalist / Editor g) Marketing / Advertising / Media Relations h) Public Relations i) Fashion Event Management j) Design (Apparel, Footwear, Accessories) k) Pattern Makers / Fitters / Alterations l) Quality Control m) Fashion Photography n) Agent (often a lawyer) o) Personal Stylists p) Industry Lawyer (contract, real estate, copyright, etc.) 4. Animal Careers a) Veterinarian b) Veterinary Assistant c) Animal Law Attorney d) Animal Trainers (Dog, Horse, Marine Mammal) e) Shelter Worker f) Pet Adoption Worker g) Animal Control Officer / K-9 Officer h) Pet-Care Business Owner i) Pet Groomer10

j) Zookeeper k) Wildlife Biologist l) Fish & Game Warden 5. Food Careers a) Chef b) Food Management c) Restaurant Manager d) Food Sales e) Dietician f) Food Safety Engineer g) Taster h) Sommelier i) Flavorist j) Lawyer (contracts, copyright, marketing, taxes) k) Public Relations l) Marketing m) Food Manufacturing n) Human Resources 6. Music a) Performer b) Sound Designer / Recording Engineer c) Arranger d) Composer e) Transcriber / orchestrator f) Film music composition and adaptation g) Music education h) Music Production i) Music Management j) Agent (often an attorney) k) Media Attorney (contracts, intellectual property) l) Disk Jockey m) Marketing n) Public Relations o) Video Game Audio p) Conductor q) Booking Agent r) Event Organizer s) Music Journalist t) Background Singer / Session Musician u) Ethnomusicologist11

7. TV/Film a) Actor b) Dancer / Singer c) Animator d) News Anchor e) Director (assistant director, stage manager) f) Art Director g) Producer (production assistant, field producer,) h) Attorney (legal adviser, media legal specialist, contracts, etc.) i) Electrician j) Engineer (lighting, sound, set production, mechanical effects) k) Camera Operator / Photographer l) Casting Specialist (director, recruiter, coordinator, agent) m) Caterer n) Makeup / Costuming Artist o) Editor p) Computer Effects q) Dialect Coach r) Graphic Designer s) Music Arranger, Composer, Editor t) News Director u) News Reporter / Editor v) Researcher w) Sales x) Scriptwriter / Editor y) Media and Public Relations z) Special Effects Editor 8. Business Careers a) Teller b) Bank Manager c) Accountant / CPA / Bookkeeper d) Financial Adviser e) Investment Banker f) Market Research Analyst g) Mortgage Broker h) Operations Research Analyst i) Business Owner / Operations Manager j) Financial Manager k) Meeting and Event Planner l) Compliance Officer m) Marketing Manager n) Insurance Agent o) Financial Analyst p) Human Resource Specialist q) Sales Representative / Manager r) Administrative Assistant s) Real Estate Agent t) Customer Service Representative u) Actuary v) Attorneys (private firms, in-house counsel, property law, tax law, employment & labor law, contract attorney, government regulation, intellectual property, real estate, mergers & acquisitions, insurance defense, criminal defense) 9. Health-Related Professions a) Physician b) Nurse c) Physician Assistant / Nurse Practitioner d) Addictions Counselor e) Social Worker f) Research scientist g) Animal Laboratory Attendant h) Surgeon i) Anesthesiologist / Nurse Anesthetist / Anesthesia Tech j) Audiologist k) Chiropractor l) Physical Therapist m) Medical Technologist / Clinical Laboratory n) Phlebotomist o) Medical Assistant / Nurse’s Aide / Patient Caretaker p) Dentist q) Hygienist, Dental Assistant r) Radiology Technician (ultrasound, CT, MRI) s) Receptionist t) Billing Specialist u) Medical Claims Adjuster v) Occupational Therapist w) Medical Writer x) Prosthetic Technician and Designer y) Lawyer z) Dietician / Nutritionist12

10. Law-Enforcement Related a) Law Enforcement Officer (Police, FBI agent, border patrol agent, DEA agent, ATF agent, Federal Air Marshal, INS agent, etc.) b) Prosecutor c) Criminal / Juvenile Defense Attorney d) Forensic Specialist (DNA, forensic science analyst, crime-scene analyst) e) Diplomatic Security Officer f) Fraud Investigator g) Psychological Profiler h) Private Investigator i) Private Security Officer j) K-9 Officer k) Fish & Game Warden l) Judge m) Court Reporter n) Paralegal o) Court Clerk p) Law Librarian q) Medical Examiner r) Corrections Officer / Prison Warden s) Probation Officer t) Juvenile Officer 11. Engineering a) Mechanical Engineer b) Electrical Engineer c) Civil Engineer d) Software Engineer e) Computer Engineer f) Chemical Engineer g) Bioengineer / Biomedical Engineer h) Aerospace Engineer i) Materials Science Engineer j) Industrial Engineer k) Nuclear Engineer l) Petroleum Engineer m) Architectural Engineer n) Packaging Engineer 12. Construction Related a) Construction Manager b) Construction Estimator c) Architect d) Carpenter e) Plumber f) Cement Mason g) Steelworker h) Glazier i) Painter j) Electrician k) Concrete Finisher l) Brick mason m) Insulation Contractor n) Dry Waller o) Boilermaker p) Heating and Air Conditioning (HVAC) Installer q) Roofer r) Surveyor s) Heavy Equipment Operator t) Floor Covering / Flooring Installer u) Architectural Engineer v) Millwright w) Attorney (construction law, real estate, contracts) 13. Skilled Trades a) Patternmaker b) Tool & Die Operator c) Electrician d) Plumber e) Carpenter f) Auto mechanic g) Aircraft Mechanic h) Diesel Mechanic i) HVAC Technician i) Construction Manager j) Mason k) Elevator Installer and Repairer l) CAD/CAM Operator m) Electric Equipment Tool Repairer n) Powerhouse Electrical Repair13

LESSON 1: STUDENT INFORMATION: PAYING FOR COLLEGE HOW FINANCIAL AID WORKS AND HOW IT MAKES COLLEGE AFFORDABLE FOR YOU Financial aid is intended to make up the difference between what your family can afford to pay and what college costs. Over half of the students currently enrolled in college receive some sort of financial aid to help pay college costs. Financial aid is any type of assistance used to pay college costs (grants/scholarships, loans and work) that are based on financial need. There are three main types of financial aid: GRANTS AND SCHOLARSHIPS Also called gift aid, grants don't have to be repaid, and you don't need to work to earn them. Grant aid comes from federal and state governments and from individual colleges. Scholarships are usually awarded based on merit. LOANS Most financial aid comes in the form of loans, aid that must be repaid. Most loans that are awarded based on financial need are low-interest loans sponsored by the federal government. These loans are subsidized by the government, so no interest accrues until you begin repayment after you graduate. WORK Student employment and work-study aid helps students pay for education costs such as books, supplies, and personal expenses. Work-study is a federal program which provides students with part-time employment to help meet their financial needs and gives them work experience while serving their campuses and surrounding communities. FINANCING OPTIONS There are a variety of financing options available for families who are concerned about their ability to meet their family share of costs. These alternative sources of aid, most often in the form of loans, can help families cover financial aid "gaps;” or unmet need in a financial aid package. See your school counselor and visit www.collegeboard.org or https://studentaid.gov, and www.act.org. TUITION TAX CREDITS A tax credit is an amount of money you can subtract from your federal tax bill. It is a dollar-for-dollar reduction of the amount you owe. If you have family members in college, and your income doesn't exceed certain limits, you may apply for a credit of up to $1,500 per year. For more information, go to Tuition Tax Credits. Visit col- legeboard.com or see your counselor. IN A NUTSHELL The financial aid system is based on the goal of equal access – that anyone should be able to attend college, regardless of financial circumstances. ONLINE RESOURCES FOR CAREERS AND FINANCIAL AID http://www.careeronestop.org http://www.campusexplorer.com/careers http://www.careervillage.org14

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LESSON 2: RESPONSIBILITIES RIGHT TO VOTE INTRODUCTION TO LESSON (DEBATE: 7 MINUTES) Today’s lesson is about the right to vote, and other issues related to voting. Before we head into our small groups, I want to introduce you to the concept of debate, because we will be debating the constitutional issues we discuss, starting with this lesson. We will end the year with a debate in a special auditorium, at which some of you will debate and the rest will judge the debate on the important factors. So, what is a debate? It is basically a structured argument. A debate is broken into an opening argument by one side and then the other. The opening argument is followed by a rebuttal argument from each side, during which each side responds to arguments made by the other side in the opening argument. (See Attachment 1 to Faculty Materials: How to Debate) We, your team leaders, will demonstrate: (See Attachment 2 to Faculty Materials: Mock Debate Question (including debate points for each side). Now, if you look at the first page of your student handout, you will see a discussion of “How To Debate.” This handout talks about some of the things you saw us demonstrate. Making a persuasive argument requires that you identify and support the key points that favor your argument. It also requires that you present those points well, using the following skills: Style (confidence and persuasiveness); Speed (not too fast or too slow; Tone (varying your tone for expression and emphasis); Volume (loud enough to be heard, but no shouting); and Clarity (the ability to speak clearly and concisely, in an organized fashion). We will help you with these skills when you get to the debate portion of the lesson. And I encourage you to take your student worksheet with you when you leave today, so that you can read “How To Debate” on your own time. VOTING RIGHTS INTRODUCTION (8 minutes) Now, let’s talk about voting. Voting is extremely important. It allows you to have a voice in the way your life is governed. Your vote determines everything from who will be the President of the United States (through the Electoral College) to how many traffic lights we have in the city, from if we go to war to if we need to initiate a curfew for people under 18. The people you elect make decisions that affect your everyday lives. We are going to start our discussion with a chance for you to vote on something that may be pretty important to you. Toward the end of the class, we will share the result of our discussion. 1) Should the age of majority (the age you are an adult) be 16 or 18 years. You will be provided ballot slips showing “16 years” and “18 years.” Vote “16 years" if you want to lower the age of majority to 16 years. Vote “18 years” if you want to keep the age of majority at 18 years, the way it is now. [Students will complete a secret ballot on the ballot slips provided. Votes will be tallied and shared later in the hour.] SMALL GROUP DISCUSSION (20 MINUTES) The Constitution does not specifically state that all citizens have a right to vote. But the Supreme Court has held that there is a fundamental right to have one’s vote counted equally when the government uses elections as the method for choosing officials. This fundamental right is grounded in the Equal Protection Clause, which basically says that all people who are similarly situated will be treated the same.16

Although the right to vote (or suffrage) is not directly stated in the Constitution, four constitutional Amendments talk about who cannot be excluded from voting equally. The right to vote is guaranteed to most citizens of the United States and is protected by the Constitution. This was not always the case. In Louisiana vs. Calais (April 29, 2026), the Supreme Court further restricted Section 2 of the Voting Rights Act. The Court held that creation of a second majority minority district in Louisiana would be an unconstitutional racial gerrymander under the 14th Amendment. The Court essentially held that racially discriminatory gerrymandering under the guise of partisan gerrymandering passes constitutional muster. The result is widely seen as a gutting of the Voting Rights Act, because it severely limits plaintiffs' ability to challenge racially discriminatory voting maps. The decision has led to a frenzied redrawing of district maps in many states. Question: Can you name a few groups of people who did not always have the right to vote? The Fifteenth Amendment to the U.S. Constitution states that the right of any citizen of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. This Amendment was passed by Congress on February 26, 1869, and was ratified on February 3, 1870. This Amendment gave men of all races, including previously enslaved men, the right to vote.17

The Nineteenth Amendment to the U.S. Constitution states that the right of any citizen of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. This Amendment was passed by Congress on June 4, 1919, and was ratified on August 18, 1920. This Amendment gave women the right to vote, which means women of any race have only been able to vote for just over 100 years. The Twenty-Fourth Amendment to the U.S. Constitution states that the right of any citizen of the United States to vote for President, Vice-President, or for Senator or Representative of Congress “shall not be denied or abridged by the United States or by any State by reason of failure to pay any poll tax or other tax.” This Amendment was passed by Congress on August 27, 1962, and was ratified by the states on January 23, 1964. It let all people vote in federal elections, even if they could not afford to pay a tax. (In 1966, the Supreme Court case of Harper v. Virginia Board of Elections ruled that the poll tax was unconstitutional at every level, not just for federal elections.) The Twenty-Sixth Amendment to the U.S. Constitution states that “the right of citizens of the United States, who are 18 years of age or older, to vote shall not be denied or abridged by the United States or by any state on account of age.” This Amendment was originally proposed on March 23, 1971, and ratified on July 1, 1971. This Amendment lowered the voting age from 21 to 18. Question: What do you think the United States would be like if women were not able to vote? Question: What do you think the United States would be like if only white people were allowed to vote? Question: Do you think that 18 is a good age? Should the voting age be lowered or raised? Why? But despite these Amendments, the government still can and does limit who can vote in a number of ways. For example, the Supreme Court has upheld a 50-day residency requirement for voting. So, if you move shortly before an election, you may be required to vote at the polling place for your old address. In addition, the court has upheld other restrictions imposed by states, such as age (for those younger than 18) or past criminal history (some states, but not Michigan, prohibit persons with a criminal history of felonies from voting). In addition, the Supreme Court has upheld laws that require voters to produce either a driver’s license, a passport, or a state- issued photo identification card. Many states have adopted this requirement. VOTING RIGHTS ACT Although it is not an Amendment, one of the most important pieces of legislation that affects voters’ rights, and more specifically, many of your rights is the Voting Rights Act of 1965. This Act was passed to ensure that state and local governments don’t pass laws or policies (what they called “tests or devices”) that deny American citizens the equal right to vote based on race. This Act was primarily aimed at southern states that were making laws to prevent blacks from voting. Some of the devices that were used to prevent blacks from voting include poll taxes and literacy tests. [Refer to Student Worksheet and Optional Student Activities. Take time to go over some of the Alabama Literacy Test questions with your students.] One of the most important sections of the Voting Rights Act of 1965, Section 5, which required all states to receive Federal approval before changing their voting laws, was stripped away when in 2013, the U.S. Supreme Court decided that states no longer had to submit their changes to be approved (Shelby v. Holder). In June 2021, the Supreme Court also narrowed Section 2 of the Voting Rights Act (Brnovich v. Democratic National Committee). The Court overruled prior decisions to say that facially neutral laws with a disparate impact did not violate Section 2. Instead, a voting rights violation under Section 2 requires intent to discriminate. Question: What impact do you think voting rights initiatives will have on voting in states where racial tension is high or where rights of immigrants are a hot issue? Answers and Discussion: In 2008 – Stockton, California: The Stockton Unified School Trustee Area No. 3 seat was won by one vote. Jose Morales received 2,302 votes while Anthony Silva received 2,301.18

In 2008 – Minnesota voters cast 2.9 million votes in their US Senate race that may be decided by as few as 200 votes (1/1000th of one %) In 2010 – In Nevada, the Nye County Primary contest for County Commissioner District IV was a dead heat with both Butch Borasky and Carl Moore receiving 381 votes. In the Lincoln County Primary, the District Attorney race was decided by only 3 votes. Question: What kind of difference or impact could voting laws, either restrictive or expansive, have on elections like these? NATIONAL VOTER REGISTRATION ACT Another important voter protection act, the National Voter Registration Act (NVRA) was passed in 1993. The law included provisions simplifying voter registration, by offering it at the time of an application or renewal of a driver’s license or an application for public assistance. The law also prohibited states from removing registered voters from the voter rolls simply because the voter had not voted in the prior election. However, in Spring 2018, the Supreme Court voted 5-4, in Husted v. A. Philip Randolph Institute, 138 S. Ct. 1833 (2018), to hold that Ohio’s process for removing voters from the state’s voter rolls did not violate the National Voter Registration Act. Ohio sent notices to residents who had not voted and, if the notices were not returned, the voter was removed from the rolls. The Court held that “Ohio simply treats the failure to return a notice and the failure to vote as evidence that a registrant has moved, not as a ground for removal .......... ” Id. at 17. “So long as the trigger for sending such notices is ‘uniform, nondiscriminatory, and in compliance with the Voting Rights Act,’ Sec. 20507(b)(1), States can use whatever plan they think best.” Id. at 18. The decision was the subject of strong dissents. Questions: Could the necessity of presenting an ID intimidate potential voters? How? Could the scheduling of elections limit persons’ right to vote? Could the requirements regarding how and when to register limit peoples’ right to vote? Are there other limitations you can think of? If voting isn’t important, why are groups spending huge amounts of money to stop people from voting? If voting isn’t important, why has Russia been hacking our elections? UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT Another important Act is the Uniformed and Overseas Citizens Absentee Voting Act. This Act was signed into law in 1986. It allows members of the Uniformed Services (and their families), U.S. Citizens working for the federal government living outside of the U.S., and private citizens living outside the U.S., the right to vote in federal elections. These persons must register and request an absentee ballot, using the Federal Voting Assistance Program (FVAP.gov). Question: If you move to London, do you think you should be able to cast a vote to determine the next U.S. President? Why or why not? FACT PATTERN/CASE STUDY (15 MINUTES) Sample 1 Around 880,000 transgender adults in the United States are eligible to vote in the next election, but around 43% of them do not have government-issued identification that correctly reflects their name or gender. In order to change your name or gender on a birth certificate, it is often a long and complicated process. In some states, you need to publish your name change announcement in a newspaper, and in other states you cannot change your gender unless you actually have body-altering surgery. Jey’nice Poindexter is a transgender woman who wants to vote in Michigan, a state which requires a photo ID to vote. She has not had any body-altering surgery, and she is afraid to publish her name change announcement in a newspaper because some hate groups pay close attention to the announcements and harass the people who make them. Because of these, her ID does not match her appearance, and the details do not match her identity. However, her address is listed correctly, and her last name is the same, she only changed her first name. She presents at her voting location for the19

2024 Presidential election, but the election official reviews her ID and says that her ID is not valid. DISCUSSION QUESTIONS (10 MINUTES) 1. May the State of Michigan deny a person the right to vote in a Presidential Election if that person does not appear to match the image on their photo ID? 2. How are voting identification laws similar to literacy tests and poll taxes? How are they different? DEBATE QUESTION (5 MINUTES) 1. Was Jey’nce’s Constitutional right to vote violated? FACT PATTERN/CASE STUDY (15 MINUTES) Sample 2 After graduating from high school, Sam joined the U.S. Army; he was now stationed in South Carolina. Natasha was accepted at Michigan State University and joined the women’s basketball team; she now lived in East Lansing, Michigan. That fall, the country was going to elect a new President. Sam and Natasha were excited about the election because a Black/Asian woman had been nominated as President. If elected, she would be the first female U.S. President and the first woman of color to be President. Two weeks before the election, Sam asked his commander if he would have any difficulty voting in the Presidential election since he was a Michigan resident. His commander told him he would have no problem voting at the local polls in South Carolina. On Election Day, Sam went to the election polls in South Carolina to vote. The election official asked for Sam’s identification. Sam gave the election official his Michigan driver’s license and Army identification. The election official told Sam he could not vote because he was not a Citizen of the State of South Carolina. In response, Sam stated that he was in the Army and stationed at the local Army base. Sam explained there was no way for him to get back to Michigan to vote and asked to speak to the election official’s supervisor. Sam explained his situation to the supervisor. But the supervisor told Sam that he could not vote in South Carolina because he was a Michigan resident. Sam asked the election official to reconsider but was promptly shown the door by two state troopers. Meanwhile, Natasha was waiting in line to cast her ballot at the polling station in East Lansing. When she finally made it to the front of the line, the election official asked her for her identification. She gave the official her driver’s license and student identification card. The election official stated she could not vote because she was a convicted felon. Natasha responded by stating that she had never been convicted of a crime and was a student athlete at Michigan State University. The election official stated her information indicated that she had been convicted of a felony and had served three years in prison for holding up a liquor store with a gun. Natasha laughed and said five years ago she was a freshman in high school and had never been charged with a felony. The election official refused to give Natasha a voting ballot and told her she had to leave. Natasha asked to speak with the supervisor about her mistaken identity. The supervisor quickly determined that Natasha was not a convicted felon and was going to allow her to vote after confirming her address. Natasha gave the election official her driver’s license. Natasha’s driver’s license listed a Grand Rapids, Michigan address. Upon learning this, the election official refused to allow Natasha to vote because she was not a resident of East Lansing, Michigan. The election official told Natasha she would have to go back to Grand Rapids to vote. Natasha explained that she had no way to get back to Grand Rapids before the polls closed. The election official apologized but told Natasha that she could not vote in the Presidential Election because she did not have any identification showing that she was a resident of East Lansing, Michigan. In response, Natasha showed the election official her Michigan State University identification card that clearly showed she lived in East Lansing.20

The election official still refused to allow Natasha to vote. DISCUSSION QUESTIONS (5 MINUTES) 1. May the State of South Carolina deny a person the right to vote in a Presidential Election if that person is not a resident of the State? 2. May the State of Michigan deny Natasha the right to vote in East Lansing because her permanent address was in Grand Rapids, Michigan and not East Lansing, Michigan? DEBATE QUESTION (5 MINUTES) 1. Were Sam and Natasha’s Constitutional rights to vote violated? AT CLASS END, ANNOUNCE HOW STUDENTS VOTED ON THE QUESTION PRESENTED AT THE BEGINNING.21

SUPPLEMENTAL MATERIALS AND DISCUSSION, IF TIME ALLOWS Gerrymandering - Partisan gerrymandering allows the political party that controls the state legislature to draw voting district maps to help elect its candidates. On June 27, 2019, the United States Supreme Court ruled that federal courts have no power to hear challenges to partisan gerrymandering, because such “claims present political questions beyond the reach of the federal courts.” Rucho v. Common Cause, 588 U.S. (2019). Chief Justice Roberts wrote, “There are no legal standards discernible in the Constitution for making such judgments . . . let alone limited and precise standards that are clear, manageable and politically neutral.” Id. at 19. The Court’s conclusion, however, “does not condone excessive partisan gerrymandering The States . . . are actively addressing the issue on a number of fronts. Provisions in state statutes and state Constitutions can provide guidance for state courts to apply. For example, in November 2018, voters in Colorado and Michigan approved constitutional amendments creating multimember commissions that will be responsible in whole or in part for creating and approving district maps for congressional and state legislative districts.” Id. at 31-32. Under the ballot proposal adopted in November 2018, Michigan voters approved the appointment of an independent redistricting commission. The ballot proposal provided that people who have run for office or held office within the last 6 years, their families and employees, and registered lobbyists could not serve on the commission. The Michigan redistricting commission redrew district lines based on the 2020 census for use in the 2022 election. However, on July 30, 2019, fifteen individuals who fall into one or more of the eight categories of people excluded by law from serving on the Michigan commission filed a federal lawsuit arguing violations of their First and Fourteenth Amendment rights. The trial court denied preliminary injunctive relief. Daunt v. Benson, 425 F. Supp. 3d 856 (W.D. Mich. 2019). The Sixth Circuit upheld the denial of preliminary injunctive relief, Daunt v. Benson, 956 F.3d 396 (6th Cir. 2020), and later upheld the restrictions, Daunt v. Benson, 999 F.3d 299 (2021). Electoral College - Elections are held on local, state and national levels. In most elections, the candidate with the most popular votes wins. However, in national Presidential elections, it is the Electoral College that elects the President. Each state appoints in a manner directed by the state’s legislature, a number of Electors, equal to the whole number of Senators and Representatives to which the state is entitled in Congress. The Census, taken every 10 years, which determines the number of Senators and Representatives to which the state is entitled in Congress, therefore determines the number of Electors for each state. In all states except Maine and Nebraska, the system is “winner take all,” where all the state’s electors are awarded to the candidate with the most votes in the state. Maine and Nebraska use a “congressional district method.” For the whole country, there are 538 electors, corresponding to 435 representatives, 100 senators, and three electors for the District of Columbia, as provided by the Twenty-Third Amendment. In order to be elected, a presidential candidate must receive more than half of the Electors’ votes, or 270 votes. Current Electoral College rules allow a candidate to win the Presidency while losing the popular vote. This happened in 1824, 1876, 1888, 2000 and 2016. The rules encourage candidates to focus disproportionately on a limited number of swing states because small changes in the popular vote in those areas produce large changes in the Electoral College vote. Therefore, swing state issues tend to receive more attention, and issues important to other states are often ignored. This tends to decrease voter turnout in states without close races (“blue” states or “red” states). There have been occasional efforts to amend the Constitution to change the Electoral College rules, but they have not succeeded. Following is a discussion of a different approach by some states to allow for a popular vote for President.22

National Popular Vote Interstate Compact - The National Popular Vote Interstate Compact is an agreement among a group of U.S. states and the District of Columbia to award all their respective electoral votes to whichever presidential candidate wins the overall popular vote in the 50 states and the District of Columbia. The compact is designed to ensure that the candidate who wins the most popular votes is elected president. It will go into effect only after the participating states in the compact collectively represent an absolute majority of votes (currently at least 270) in the Electoral College. As of May 2018, the compact had been adopted by eleven states and the District of Columbia. There is no time limit to the bills. Michigan is not a signatory. Questions - What is a “swing” state? What is a “blue” state, a “red” state? Can you ever assume that a “blue” state is going to stay “blue,” or a “red” state is going to stay “red” during an election? Why is it important to vote in every election? Census - The Census, every ten years, is to count “the whole number of persons in each state.” Constitution, Art. 1,2. Amendment XIV, Sec. 2. No person in the country is to be excluded. In 2018 the Department of Commerce announced it was adding a citizenship question to the 2020 Census. There was strong opposition to that question by six former heads of the Census Bureau; and eighteen state attorneys general, the District of Columbia and other smaller jurisdictions sued to stop the Census Bureau from inquiring about people’s citizenship status, because such questions would suppress responses from immigrant communities who feared deportation. The Supreme Court struck down the question. The pandemic also drastically affected the door-knocking done to capture low-income communities. Finally, the Trump administration cut short those efforts. All of these factors have resulted in what many believe is a census that more than usually undercounts low-income communities. An inaccurate census may cause election process upsets, short-change federal funding, costing certain populations congressional seats and electors, and cause unwarranted complications for business and governmental decisions. In September 2026, the Trump administration proposed major changes to the census that would exclude non- citizens (except those with green cards) and eliminate questions on race, ethnicity and sexual orientation. Questions - What might be the effect of a Census question asking whether a person is a citizen? Do you think such a question might cause a person to refuse to respond to the Census? What could be the results of having an inaccurate count of the number of persons in any given state? Can you think of which states might be most particularly affected by such question on the Census? Why? (Some answers: (1) would lead to reductions in the numbers of residents in blue-leaning regions with high immigrant populations: (2) would result in funding cuts to those regions; (3) removing demographic information would risk undermining data used to enforce anti-discrimination voting laws.)23

LESSON 2: ATTACHMENT 1 TO FACULTY MATERIALS “HOW TO DEBATE” What is Debating? A debate is a structured argument. Two sides speak alternately for and against a particular contention usually based on a topical issue. Unlike the arguments you might have with your family or friends, however, each person is allocated a time they are allowed to speak for, and any interjections are carefully controlled. The subject of the dispute is often prearranged so you may find yourself having to support opinions with which you do not normally agree. You also have to argue as part of a team, being careful not to contradict what others on your side have said. Why debate? It is an excellent way of improving speaking skills and is particularly helpful in providing experience in developing a convincing argument. Those of you who are forced to argue against your natural point of view realize that arguments, like coins, always have at least two sides. The Basic Debating Skills Style Style is the manner in which you communicate your arguments. This is the most basic part of debating to master. Content and strategy are worth little unless you deliver your material in a confident and persuasive way. Speed It is vital to talk at a pace which is fast enough to sound intelligent and allow you time to say what you want, but slow enough to be easily understood. Tone Varying tone is what makes you sound interesting. Listening to one tone for an entire presentation is boring. Volume Speaking quite loudly is sometimes a necessity, but it is by no means necessary to shout through every debate regardless of context. There is absolutely no need speak any more loudly than the volume at which everyone in the room can comfortably hear you. Shouting does not win debates. Speaking too quietly is clearly disastrous since no one will be able to hear you. Clarity The ability to concisely and clearly express complex issues is what debating is all about. The main reason people begin to sound unclear is usually because they lose the "stream of thought" which is keeping them going. It is also important to keep it simple. While long words may make you sound clever, they may also make you incomprehensible.24

Use of notes and eye contact Notes are essential, but they must be brief and well organized to be effective. There is absolutely no point in trying to speak without notes. Of course, notes should never become obtrusive and damage your contact with the audience, nor should they ever be read from verbatim. Most people sketch out the main headings of their speech, with brief notes under each. When writing notes for rebuttal during the debate, it is usually better to use a separate sheet of paper so you can take down the details of what the other speakers have said and then transfer a rough outline onto the notes you will actually be using. Eye contact with the audience is very important but keep shifting your gaze. No one likes to be stared at. Content Content is what you actually say in the debate. The arguments used to develop your own side's case and rebut the opposite side's. The information on content provided below is a general overview of what will be expected when you debate. The final logistics of how long you will be debating, how many people will be in your group, and how the debate will unfold (i.e., which team speaks first, etc.), will all be decided by your tutorial leader. Case (argument) - the whole Introduction - The case your group is making must be outlined in the introduction. This involves stating your main arguments and explaining the general thrust of your case. This must be done briefly since the most important thing is to get on and actually argue it. It is also a good idea to indicate the aspects of the subject to be discussed by each of the team members. Conclusion - At the end, once everyone has spoken, it is useful to briefly summarize what your group has said and why. Case (argument) - the parts Having outlined the whole of your argument, you must then begin to build a case (the parts). The best way to do this is to divide your case into between two and four arguments (or divide your case based on the number of people in your group). You must justify your arguments with basic logic, worked examples, statistics, and quotes. Debating is all about the strategy of "proof." Proof, or evidence, supporting your assertion is what makes it an argument. There are a number of ways of dividing up cases according to groups of arguments (e.g., political/economic/social or moral/practical or international/regional etc.) or just according to individual arguments if you can't group any together. Under each of these basic headings you should then explain the reasoning behind the argument and justify it using the methods outlined above. It is usually best to put the most important arguments first. Here is an example of a case outline: "The media exert more influence over what people think than the government does. This is true for three reasons. Firstly, most people base their votes on what they see and hear in the media. Secondly, the media can set the political agenda between elections by deciding what issues to report and in how much detail. Thirdly, the media have successfully demonized politicians over the last ten years so that now people are more likely to believe journalists than politicians." All of the arguments in this case outline are debatable (almost immediately you can see the counter-arguments), but they give the case a wide range which covers all kinds of issues, the trick is not to come up with a watertight case, but a well-argued one. Think: "Can I argue that?"25

Rebuttal - the parts Arguments can be factually, morally or logically flawed. They may be misinterpretations, or they may also be unimportant or irrelevant. A team may also contradict one another or fail to complete the tasks they set themselves. These are the basics of rebuttal and almost every argument can be found wanting in at least one of these respects. Here are a few examples: 1. "Compulsory euthanasia at age 70 would save the country money in pensions and healthcare." This is true but is morally flawed. 2. "Banning cigarette product placement in films will cause more young people to smoke because it will make smoking more mysterious and taboo." This is logically flawed; the ban would be more likely to stop the steady stream of images which make smoking seem attractive and glamorous and actually reduce the number of young people smoking. 3. "My partner will then look at the economic issues... “Blah… blah… blah... (5 minutes later and still no mention of the economic issues)." This is a clear failure to explain a major part of the case and attention should be drawn to it. Even better is when a speaker starts with, “to win this debate there are three things I must do............................................. " If the speaker fails to do any of those things you can then hang her or him by the noose by repeating their exact words - by his or her own admission he or she cannot have won, the debate. Rebuttal - the whole: It is very important to have a good perspective of the debate and to identify what the key arguments are. It isn't enough to rebut a few random arguments here and there. Of course, the techniques used above are invaluable, but they must be used appropriately. There are a number of things you should do to systematically break down a team's case: 1. Ask yourself how the other side have approached the case. Is their methodology flawed? 2. Consider what tasks the other side set themselves (if any) and whether they have in fact addressed these. 3. Consider what the general emphasis of the case is and what assumptions it makes. Try to refute these. 4. Take the main arguments and do the same thing. It is not worth repeating a point of rebuttal that has been used by someone else already, but you can refer to it to show that the argument has not stood up. It is not necessary to correct every example used. You won't have time and your aim is to show the other side's case to be flawed in the key areas. Sources The information included in the document "How to Debate" was adapted from: Kidd, A. (2002). The oxford union rough guide to debating. The English-Speaking Union. Retrieved August 26, 2002 from the World Wide Web: http:/jwww.britishdebate.com/.resources/hb oxfordquide.html.26

LESSON 2: ATTACHMENT 2 TO FACULTY MATERIALS MOCK DEBATE QUESTION (For Faculty Use Only) Question: Should the United States build a "border wall" along the southern border shared with Mexico? Pro: 1. A border wall is a natural part of being a country and border walls have been used for thousands of years. Controlling "the border'' is a natural part of being a nation. Did you know that sixty-five countries are using border fencing along parts of their borders to control immigration? 2. A border wall will increase the security of both citizens and visitors to our country. It is undeniable that some groups wish to harm Americans, think of drug traHickers, terrorists and even spies. A border wall would also help reduce "human traHicking." 3. A border wall promotes fairness. America loves having new people who want to become citizens of our country. Many people take the legal route to become citizens; why should some be allowed to cheat? 4. Uncontrolled immigration costs citizens hundreds of millions of dollars in "services" provided to immigrants. We can't pay for the people who are already here. We need to stop the uncontrolled immigration. When you look at it this way, we can't aHord to NOT build a wall. 5. A border wall makes the job SAFER for our Border Patrol agents, who serve and protect our country. 6. Uncontrolled immigration drives down wages for the poorest workers. By building a border wall, the lowest paid will get a pay raise. 7. A border wall still allows for an immigrant "guest worker'' program for people without a criminal record. Con: 1. Our nation can and should control our borders; but we don't need a wall to do it. 2. The border wall would cost hundreds of millions of dollars that could be spent on teachers and health care. The final cost of a border wall is expected to be between 2 and 30 billion dollars. 3. The border wall idea is based on ignorance and prejudice. The president needs to stop picking on Hispanics and Muslims. 4. A border wall would harm the environment. All kinds of animals migrate through that area, including jaguars, ocelots and wolves. Construction would introduce toxins and damage rivers with sand/silt build up. 5. Building a border wall is foolish. The wall will not stop immigration, the upkeep costs will be harmful to our national budget. We can't aHord this. 6. Building a border wall would keep out workers that our economy needs! We can't fill these jobs without immigrants. A border wall will drive up the cost of basic things like food. 7. A border wall would "trap" illegal immigrants already in America. Without a wall, they can go home. With a wall, they will stay. 8. Look at all the great "Dreamer stories" in the press. The young immigrants are making America a better place.27

LESSON 2: STUDENT WORKSHEET - “HOW TO DEBATE” What is Debating? A debate is a structured argument. Two sides speak alternately for and against a particular contention usually based on a topical issue. Unlike the arguments you might have with your family or friends, however, each person is allocated a time they are allowed to speak for, and any interjections are carefully controlled. The subject of the dispute is often prearranged so you may find yourself having to support opinions with which you do not normally agree. You also have to argue as part of a team, being careful not to contradict what others on your side have said. Why debate? It is an excellent way of improving speaking skills and is particularly helpful in providing experience in developing a convincing argument. Those of you who are forced to argue against your natural point of view realize that arguments, like coins, always have at least two sides. The Basic Debating Skills Style Style is the manner in which you communicate your arguments. This is the most basic part of debating to master. Content and strategy are worth little unless you deliver your material in a confident and persuasive way. Speed It is vital to talk at a pace which is fast enough to sound intelligent and allow you time to say what you want, but slow enough to be easily understood. Tone Varying tone is what makes you sound interesting. Listening to one tone for an entire presentation is boring. Volume Speaking quite loudly is sometimes a necessity, but it is by no means necessary to shout through every debate regardless of context. There is absolutely no need speak any more loudly than the volume at which everyone in the room can comfortably hear you. Shouting does not win debates. Speaking too quietly is clearly disastrous since no one will be able to hear you. Clarity The ability to concisely and clearly express complex issues is what debating is all about. The main reason people begin to sound unclear is usually because they lose the "stream of thought" which is keeping them going. It is also important to keep it simple. While long words may make you sound clever, they may also make you incomprehensible.28

Use of notes and eye contact Notes are essential, but they must be brief and well organized to be effective. There is absolutely no point in trying to speak without notes. Of course, notes should never become obtrusive and damage your contact with the audience, nor should they ever be read from verbatim. Most people sketch out the main headings of their speech, with brief notes under each. When writing notes for rebuttal during the debate, it is usually better to use a separate sheet of paper so you can take down the details of what the other speakers have said and then transfer a rough outline onto the notes you will actually be using. Eye contact with the audience is very important but keep shifting your gaze. No one likes to be stared at. Content Content is what you actually say in the debate. The arguments used to develop your own side's case and rebut the opposite side's. The information on content provided below is a general overview of what will be expected when you debate. The final logistics of how long you will be debating, how many people will be in your group, and how the debate will unfold (i.e., which team speaks first, etc.), will all be decided by your tutorial leader. Case (argument) - the whole Introduction - The case your group is making must be outlined in the introduction. This involves stating your main arguments and explaining the general thrust of your case. This must be done briefly since the most important thing is to get on and actually argue it. It is also a good idea to indicate the aspects of the subject to be discussed by each of the team members. Conclusion - At the end, once everyone has spoken, it is useful to briefly summarize what your group has said and why. Case (argument) - the parts Having outlined the whole of your argument, you must then begin to build a case (the parts). The best way to do this is to divide your case into between two and four arguments (or divide your case based on the number of people in your group). You must justify your arguments with basic logic, worked examples, statistics, and quotes. Debating is all about the strategy of "proof." Proof, or evidence, supporting your assertion is what makes it an argument. There are a number of ways of dividing up cases according to groups of arguments (e.g., political/economic/social or moral/practical or international/regional etc.) or just according to individual arguments if you can't group any together. Under each of these basic headings you should then explain the reasoning behind the argument and justify it using the methods outlined above. It is usually best to put the most important arguments first. Here is an example of a case outline: "The media exert more influence over what people think than the government does. This is true for three reasons. Firstly, most people base their votes on what they see and hear in the media. Secondly, the media can set the political agenda between elections by deciding what issues to report and in how much detail. Thirdly, the media have successfully demonized politicians over the last ten years so that now people are more likely to believe journalists than politicians." All of the arguments in this case outline are debatable (almost immediately you can see the counter-arguments), but they give the case a wide range which covers all kinds of issues, the trick is not to come up with a watertight case, but a well-argued one. Think: "Can I argue that?"29

Rebuttal - the parts Arguments can be factually, morally or logically flawed. They may be misinterpretations, or they may also be unimportant or irrelevant. A team may also contradict one another or fail to complete the tasks they set themselves. These are the basics of rebuttal and almost every argument can be found wanting in at least one of these respects. Here are a few examples: 4. "Compulsory euthanasia at age 70 would save the country money in pensions and healthcare." This is true but is morally flawed. 5. "Banning cigarette product placement in films will cause more young people to smoke because it will make smoking more mysterious and taboo." This is logically flawed; the ban would be more likely to stop the steady stream of images which make smoking seem attractive and glamorous and actually reduce the number of young people smoking. 6. "My partner will then look at the economic issues... “Blah… blah… blah... (5 minutes later and still no mention of the economic issues)." This is a clear failure to explain a major part of the case and attention should be drawn to it. Even better is when a speaker starts with, “to win this debate there are three things I must do............................................. " If the speaker fails to do any of those things you can then hang her or him by the noose by repeating their exact words - by his or her own admission he or she cannot have won, the debate. Rebuttal - the whole: It is very important to have a good perspective of the debate and to identify what the key arguments are. It isn't enough to rebut a few random arguments here and there. Of course, the techniques used above are invaluable, but they must be used appropriately. There are a number of things you should do to systematically break down a team's case: 5. Ask yourself how the other side have approached the case. Is their methodology flawed? 6. Consider what tasks the other side set themselves (if any) and whether they have in fact addressed these. 7. Consider what the general emphasis of the case is and what assumptions it makes. Try to refute these. 8. Take the main arguments and do the same thing. It is not worth repeating a point of rebuttal that has been used by someone else already, but you can refer to it to show that the argument has not stood up. It is not necessary to correct every example used. You won't have time and your aim is to show the other side's case to be flawed in the key areas. Sources The information included in the document "How to Debate" was adapted from: Kidd, A. (2002). The oxford union rough guide to debating. The English-Speaking Union. Retrieved August 26, 2002 from the World Wide Web: http:/jwww.britishdebate.com/.resources/hb oxfordquide.html.30

LESSON 2: STUDENT HANDOUT- VOTING RIGHTS AMENDMENTS AND LEGISLATION 15th Amendment - Prohibits any United States citizen from being denied the right to vote by the United States or any State on account of race, color, or previous condition of servitude. It was ratified on February 3, 1870, almost five years after the close of the Civil War (May 13, 1865). 19th Amendment - Prohibits any United States citizen from being denied the right to vote on the basis of sex. It was ratified on August 18, 1920. The Constitution allows the states to determine the qualifications for voting, and until the 1910’s most states disenfranchised women. The amendment was the culmination of the women’s suffrage movement in the United States, which fought at both state and national levels to achieve the vote. 24th Amendment - Prohibits any United States citizen from being denied the right to vote in any primary or other election for President or Vice President, or for Senator or Representative in Congress, in by the United States or any State, by reason of failure to pay any poll tax or other tax. It was ratified on January 23, 1964. In 1966, the Supreme Court ruled that the poll tax was unconstitutional at every level, not just for federal elections. 26th Amendment - Prohibits the states and the federal government from denying the right of U.S. citizens, eighteen years of age or older, to vote on account of age. The drive to lower the voting age from 21 to 18 grew across the country during the 1960’s, driven in large part by the broader student activism movement protesting the Vietnam War. Voting Rights Act of 1965 - Signed into law by President Lyndon Johnson on August 6, 1965, aimed to overcome legal barriers at the state and local levels that prevented African Americans from exercising their right to vote under the 15th Amendment to the Constitution of the United States. The act significantly widened the franchise and is considered among the most far-reaching pieces of civil rights legislation in U.S, history. This Act was primarily aimed at southern states that were making laws to prevent blacks from voting. Some of the devices that were used to prevent blacks from voting include poll taxes and literacy tests. [Refer to Student Worksheet. Take time to go over some of the Alabama Literacy Test questions with your students.] One of the most important sections of the Voting Rights Act of 1965, Section 5, required previously segregated states to receive Federal approval before changing their voting laws. In 2013, the U.S. Supreme Court decided that Section 5 no longer justified treating certain states differently. States therefore no longer had to submit their changes to be approved (Shelby v. Holder). In June 2021, the Supreme Court also narrowed Section 2 of the Voting Rights Act (Brnovich v. Democratic National Committee). The Court overruled prior decisions to say that facially neutral laws with a disparate impact did not violate Section 2. Instead, a voting rights violation under Section 2 requires intent to discriminate. National Voter Registration Act: The National Voter Registration Act (NVRA) was passed in 1993. The law included provisions simplifying voter registration, by offering it at the time of an application or renewal of a driver’s license or an application for public assistance. The law also prohibited states from removing registered voters from the voter rolls simply because the voter had not voted in the prior election. Uniformed and Overseas Citizens Absentee Voting Act. This Act was signed into law in 1986. It allows members of the Uniformed Services (and their families), U.S. Citizens working for the federal government living outside of the U.S., and private citizens living outside the U.S., the right to vote in federal elections. These persons must register and request an absentee ballot, using the Federal Voting Assistance Program (FVAP.gov).31

TERMS OF IMPORTANCE: Poll Tax - The poll tax requirements applied to whites as well as blacks, and adversely affected poor citizens. Many states required payment of the tax at a time separate from the election, and then required voters to bring receipts with them to the polls. If they could not locate such receipts, they could not vote. These were enacted embracing the rationale that white men could more easily pay the tax, or even that they would remember to pay the tax. Poll taxes sprouted up throughout the South. Suffrage - is the right to vote gained through the democratic process. Literacy Test - Literacy tests were used to keep people of color -- and, sometimes, poor whites -- from voting, and they were administered at the discretion of the officials in charge of voter registration. If the official wanted a person to pass, he could ask the easiest question on the test -- for example, "Who is the president of the United States?” FACT PATTERN/CASE STUDY (15 MINUTES) Sample 1 Around 880,000 transgender adults in the United States are eligible to vote in the next election, but around 43% of them do not have government-issued identification that correctly reflects their name or gender. In order to change your name or gender on a birth certificate, it is often a long and complicated process. In some states, you need to publish your name change announcement in a newspaper, and in other states you cannot change your gender unless you actually have body-altering surgery. Jey’nce Poindexter is a transgender woman who wants to vote in Michigan, a state which requires a photo ID to vote. She has not had any body-altering surgery, and she is afraid to publish her name change announcement in a newspaper because some hate groups pay close attention to the announcements and harass the people who make them. Because of these, her ID does not match her appearance, and the details do not match her identity. However, her address is listed correctly, and her last name is the same, she only changed her first name. She presents at her voting location for the 2024 Presidential election, but the election official reviews her ID and says that her ID is not valid. DISCUSSION QUESTIONS (10 MINUTES) 1. May the State of Michigan deny a person the right to vote in a Presidential Election if that person does not appear to match the image on their photo ID? 2. How are voting identification laws similar to literacy tests and poll taxes? How are they different? DEBATE QUESTION (5 MINUTES) 1. Was Jey’nce’s Constitutional right to vote violated? FACT PATTERN/CASE STUDY (15 MINUTES) Sample 2 After graduating from high school, Sam joined the U.S. Army; he was now stationed in South Carolina. Natasha was accepted at Michigan State University and joined the women’s basketball team; she now lived in East Lansing, Michigan. That fall, the country was going to elect a new President. Sam and Natasha were excited about the election because a Black/Asian woman had been nominated as President. If elected, she would be the first female U.S. President and the first woman of color to be President.32

Two weeks before the election, Sam asked his commander if he would have any difficulty voting in the Presidential election since he was a Michigan resident. His commander told him he would have no problem voting at the local polls in South Carolina. On Election Day, Sam went to the election polls in South Carolina to vote. The election official asked for Sam’s identification. Sam gave the election official his Michigan driver’s license and Army identification. The election official told Sam he could not vote because he was not a Citizen of the State of South Carolina. In response, Sam stated that he was in the Army and stationed at the local Army base. Sam explained there was no way for him to get back to Michigan to vote and asked to speak to the election official’s supervisor. Sam explained his situation to the supervisor. But the supervisor told Sam that he could not vote in South Carolina because he was a Michigan resident. Sam asked the election official to reconsider but was promptly shown the door by two state troopers. Meanwhile, Natasha was waiting in line to cast her ballot at the polling station in East Lansing. When she finally made it to the front of the line, the election official asked her for her identification. She gave the official her driver’s license and student identification card. The election official stated she could not vote because she was a convicted felon. Natasha responded by stating that she had never been convicted of a crime and was a student athlete at Michigan State University. The election official stated her information indicated that she had been convicted of a felony and had served three years in prison for holding up a liquor store with a gun. Natasha laughed and said five years ago she was a freshman in high school and had never been charged with a felony. The election official refused to give Natasha a voting ballot and told her she had to leave. Natasha asked to speak with the supervisor about her mistaken identity. The supervisor quickly determined that Natasha was not a convicted felon and was going to allow her to vote after confirming her address. Natasha gave the election official her driver’s license. Natasha’s driver’s license listed a Grand Rapids, Michigan address. Upon learning this, the election official refused to allow Natasha to vote because she was not a resident of East Lansing, Michigan. The election official told Natasha she would have to go back to Grand Rapids to vote. Natasha explained that she had no way to get back to Grand Rapids before the polls closed. The election official apologized but told Natasha that she could not vote in the Presidential Election because she did not have any identification showing that she was a resident of East Lansing, Michigan. In response, Natasha showed the election official her Michigan State University identification card that clearly showed she lived in East Lansing. The election official still refused to allow Natasha to vote. DISCUSSION QUESTIONS (10 MINUTES) 1. May the State of South Carolina deny a person the right to vote in a Presidential Election if that person is not a resident of the State? 2. May the State of Michigan deny Natasha the right to vote in East Lansing because her permanent address was in Grand Rapids, Michigan and not East Lansing, Michigan? DEBATE QUESTION (5 MINUTES) 2. Were Sam and Natasha’s Constitutional rights to vote violated?33

LESSON 2: OPTIONAL STUDENT ACTIVITIES SUPPLEMENTAL MATERIALS AND DISCUSSION Gerrymandering - Partisan gerrymandering allows the political party that controls the state legislature to draw voting district maps to help elect its candidates. On June 27, 2019, the United States Supreme Court ruled that federal courts have no power to hear challenges to partisan gerrymandering, because such “claims present political questions beyond the reach of the federal courts.” Rucho v. Common Cause, 588 U.S. 684 (2019). Chief Justice Roberts wrote, “There are no legal standards discernible in the Constitution for making such judgments . . . let alone limited and precise standards that are clear, manageable and politically neutral.” Id. at 19. The Court’s conclusion, however, “does not condone excessive partisan gerrymandering.” Some states, however, have found other means to limit gerrymandering. For example, Michigan adopted a ballot proposal that created a nonpartisan redistricting commission in 2020, which adopted a redistricting plan that was used in 2022. The commission’s authority, composition and results have been upheld. Electoral College - Elections are held on local, state and national levels. In most elections, the candidate with the most popular votes wins. However, in national Presidential elections, it is the Electoral College that elects the President. Each state appoints in a manner directed by the state’s legislature, a number of Electors, equal to the whole number of Senators and Representatives to which the state is entitled in Congress. The Census, taken every 10 years, which determines the number of Senators and Representatives to which the state is entitled in Congress, therefore determines the number of Electors for each state. In all states except Maine and Nebraska, the system is “winner take all,” where all the state’s electors are awarded to the candidate with the most votes in that state. Maine and Nebraska use a “congressional district method.” For the whole country, there are 538 electors, corresponding to 435 representatives, 100 senators, and three electors for the District of Columbia, as provided by the Twenty-third Amendment. In order to be elected, a presidential candidate must receive more than half of the Electors’ votes, or 270 votes. Current Electoral College rules allow a candidate to win the Presidency while losing the popular vote. This happened in 1824, 1876, 1888, 2000 and 2016. The rules encourage candidates to focus disproportionately on a limited number of swing states because small changes in the popular vote in those areas produce large changes in the electoral college vote. Therefore, swing state issues tend to receive more attention, and issues important to other states are often ignored. This tends to decrease voter turnout in states without close races (“blue” states or “red” states). There have been occasional efforts to amend the Constitution to change the electoral college rules, but they have not succeeded. Following is a discussion of a different approach by some states to allow for a popular vote for President. National Popular Vote Interstate Compact - The National Popular Vote Interstate Compact is an agreement among a group of U.S. states and the District of Columbia to award all their respective electoral votes to whichever presidential candidate wins the overall popular vote in the 50 states and the District of Columbia. The compact is designed to ensure that the candidate who wins the most popular votes is elected president. It will go into effect only after the participating states in the compact collectively represent an absolute majority of votes (currently at least 270) in the Electoral College. To date, the compact had been adopted by 18 states and the District of Columbia (a total of 222 electoral votes). There is no time limit to the bills. Michigan is not a signatory.34

Census - The Census, every ten years, is to count “the whole number of persons in each state.” Constitution, Art.1,2. Amendment XIV, Sec. 2. No person in the country is to be excluded. In 2018 the Department of Commerce announced it was adding a citizenship question to the 2020 Census. Because of strong concerns about the potential of the question to suppress non-citizen responses to the census, the question was challenged in court. The Supreme Court eventually held that, given the clear record of intent to do just that, the question could not be added. The 2020 census was also impacted by the pandemic, because door-knockers, who frequently were required in low-income, highly transient communities, were restricted. In addition, the Trump administration cut short the time for gathering information. As a result of these problems, the 2020 census likely has more than the usual undercount. Census errors cause election process upsets, short-change federal funding, costs certain populations congressional seats, and cause unwarranted complications for business and governmental decisions. In September 2026, the Trump administration proposed a sweeping reform to the census that would exclude noncitizens without green cards from the 2030 count and eliminate questions on race, ethnicity, and sexual orientation. The change would result in the counts in Democratic-leaning areas with high immigrant populations, funding cuts to those areas, and, by eliminative demographic questions, undermine the data for enforcing anti- discrimination and voting laws.35

Sample Literacy Test from Alabama (1965) 1. Which of the following is a right guaranteed by the Bill of Rights? Public Education Employment Trial by Jury Voting 2. The federal census of population is taken every five years. True False 3. If a person is indicted for a crime, name two rights which he has. 4. A U.S. senator elected at the general election in November takes office the following year on what date? 5. A President elected at the general election in November takes office the following year on what date? 6. Which definition applies to the word "amendment?" Proposed change, as in a Constitution Make of peace between nationals at war A part of the government 7. A person appointed to the U.S. Supreme Court is appointed for a term of . 8. When the Constitution was approved by the original colonies, how many states had to ratify it in order for it to be in effect? 9. Does enumeration affect the income tax levied on citizens in various states? 10. A person opposed to swearing in an oath may say, instead: I (solemnly) 11. To serve as President of the United States, a person must have attained: 25 years of age 35 years of age 40 years of age 45 years of age 12. What words are required by law to be on all coins and paper currency of the U.S.? 13. The Supreme Court is the chief lawmaking body of the state. True False 14. If a law passed by a state is contrary to provisions of the U.S. Constitution, which law prevails? 15. If a vacancy occurs in the U.S. Senate, the state must hold an election, but meanwhile the place may be filled by a temporary appointment made by .36

16. A U.S. senator is elected for a term of years. 17. Appropriation of money for the armed services can be only for a period limited to years. 18. The chief executive and the administrative offices make up the branch of government. 19. Who passes laws dealing with piracy? 20. The number of representatives which a state is entitled to have in the House of Representatives is based on 21. The Constitution protects an individual against punishments which are and . 22. When a jury has heard and rendered a verdict in a case, and the judgment on the verdict has become final, the defendant cannot again be brought to trial for the same cause. True False 23. Name two levels of government which can levy taxes: 24. Communism is the type of government in: U.S. Russia England 25. Cases tried before a court of law are two types, civil and . 26. By a majority vote of the members of Congress, the Congress can change provisions of the Constitution of the U.S. True False 27. For security, each state has a right to form a . 28. The electoral vote for President is counted in the presence of two bodies. Name them: 29. If no candidate for President receives a majority of the electoral vote, who decides who will become President? 30. Of the original 13 states, the one with the largest representation in the first Congress was . 31. Of which branch of government is the Speaker of the House a part? Executive Legislative Judicial 32. Capital punishment is the giving of a death sentence. True False 33. In case the President is unable to perform the duties of his office, who assumes them? 34. "Involuntary servitude" is permitted in the U.S. upon conviction of a crime.37

True False 35. If a state is a party to a case, the Constitution provides that original jurisdiction shall be in . 36. Congress passes laws regulating cases which are included in those over which the U.S. Supreme Court has jurisdiction. 37. Which of the following is a right guaranteed by the Bill of Rights of the U.S. Constitution? Public Housing Education Voting Trial by Jury 38. The Legislatures of the states decide how presidential electors may be chosen. True False 39. If it were proposed to join Alabama and Mississippi to form one state, what groups would have to vote approval in order for this to be done? 40. The Vice President presides over . 41. The Constitution limits the size of the District of Columbia to . 42. The only laws which can be passed to apply to an area in a federal arsenal are those passed by provided consent for the purchase of the land is given by the . 43. In which document or writing is the "Bill of Rights" found? . 44. Of which branch of government is a Supreme Court justice a part? Executive Legislative Judicial 45. If no person receives a majority of the electoral votes, the Vice President is chosen by the Senate. True False 46. Name two things which the states are forbidden to do by the U.S. Constitution. 47. If election of the President becomes the duty of the U.S. House of Representatives and it fails to act, who becomes President and when? 48. How many votes must a person receive in order to become President if the election is decided by the U.S. House of Representatives? 49. How many states were required to approve the original Constitution in order for it to be in effect? 50. Check the offenses which, if you are convicted of them, disqualify you for voting: Murder38

Issuing worthless checks Petty larceny Manufacturing whiskey 51. The Congress decides in what manner states elect presidential electors. True False 52. Name two of the purposes of the U.S. Constitution. 53. Congress is composed of . 54. All legislative powers granted in the U.S. Constitution may legally be used only by . 55. The population census is required to be made very years. 56. Impeachments of U.S. officials are tried by . 57. If an effort to impeach the President of the U.S. is made, who presides at the trial? 58. On the impeachment of the chief justice of the Supreme Court of the U.S., who tries the case? 59. Money is coined by order of: U.S. Congress The President's Cabinet State Legislatures 60. Persons elected to cast a state's vote for U.S. President and Vice President are called presidential . 61. Name one power which is exclusively legislative and is mentioned in one of the parts of the U.S. Constitution above . 62. If a person flees from justice into another state, who has authority to ask for his return? 63. Whose duty is it to keep Congress informed of the state of the union? 64. If the two houses of Congress cannot agree on adjournment, who sets the time? 65. When presidential electors meet to cast ballots for President, must all electors in a state vote for the same person for President or can they vote for different persons if they so choose? 66. After the presidential electors have voted, to whom do they send the count of their votes? 67. The power to declare war is vested in . 68. Any power and rights not given to the U.S. or prohibited to the states by the U.S. Constitution are specified as belonging to whom?39

Literacy Test Answers: 1. Trial by Jury only 2. False (every 10 years) 3. Habeas Corpus (immediate presentation of charges); lawyer; speedy trial. 4. January 3 5. January 20 6. Proposed change, as in a Constitution 7. Life (with good behavior) 8. Nine 9. Yes 10. Affirm 11. 35 12. In God We Trust 13. False 14. U.S. Constitution 15. The governor 16. Six 17. Two 18. Executive 19. Congress 20. Population (as determined by census) less untaxed Indians 21. Cruel and unusual 22. True 23. State and local 24. Russia 25. Criminal 26. False 27. Militia 28. House of Representatives, Senate 29. House of Representatives 30. Virginia 31. Legislative 32. True 33. The Vice President 34. True 35. The Supreme Court 36. Co-appellate 37. Trial by Jury 38. True 39. Congress and the legislatures of both states 40. The Senate 41. 10 miles square 42. Congress; state legislatures 43. Constitution 44. Judicial 45. True 46. Coin money; make treaties 47. The Vice President, until the House acts 48. 26 49. 9 50. Murder 51. False 52. Preamble statements) "to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity." 53. House of Representatives and Senate 54. Congress 55. 10 56. The Senate 57. The Chief Justice of the Supreme Court 58. The Senate 59. The U.S. Congress 60. Electors 61. Pass laws, coin money, declare war 62. The Governor 63. The President 64. The President 65. They can vote for different people 66. Vice President (President of the Senate) 67. Congress 68. The states; the peopl40

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LESSON 3: RIGHTS THE FIRST AMENDMENT – FREEDOM OF EXPRESSION INTRODUCTION TO LESSON: SMALL GROUP DISCUSSION (30 Minutes): Today, we're going to talk about the freedom of expression that the First Amendment of our U.S. Constitution guarantees. We will discuss what the First Amendment means and how the courts apply it. Afterwards, we will discuss a fact pattern and how you would apply the law of freedom of expression to those facts. Part of the First Amendment is reprinted in your Student Worksheet. Let's read it together. [Option: have student read the language to the group]. The First Amendment provides that "Congress shall make no law . . . abridging the freedom of speech, or of the press, or of the right of the people peaceably to assemble, and to petition the government for a redress of grievances." The First Amendment protects the rights of citizens against government efforts to limit or abridge free speech, a free press, the right to assemble and protest peaceably, and the right to ask the government to correct wrongs (redress of grievances). These rights are sometimes collectively referenced as freedom of expression. The First Amendment does not protect the rights of a citizen against those of other citizens or companies. It only protects us against government actions. Now, let's read about the Eugene Debs case. [Have a student volunteer read the Debs fact pattern]. What was the issue that the U.S. Supreme Court had to decide? [Have students answer]. Now let's read the ruling by the United States Supreme Court (the highest court in the Judicial System) in the Debs case, as it is printed in your Student Worksheets. [Have a student volunteer read from the Debs Court Ruling' section of the Worksheet]. The Supreme Court of the United States upheld the lower court's decision in favor of the government. The Court said that free speech is not absolute, and that Debs had actually planned to discourage people from enlisting in the armed forces. The Court refused to grant him protection under the First Amendment freedom of speech clause, stating that Debs "used words [in his speech] with the purpose of obstructing the recruiting service." Debs' conviction under the Espionage Act would stand because his speech represented a "clear and present danger" to the safety of the United States as it could influence soldiers to disobey their commanders and therefore endanger the lives of other soldiers. In 1969, the Supreme Court decided Brandenburg v. Ohio, which broadened the rights to free speech and expression protected by the Constitution by narrowing the “clear and present danger” standard. The Brandenburg standard is still applied today. [Have a student volunteer read the Brandenburg v. Ohio section of the worksheet.] Brandenburg was a KKK member who was arrested after speaking at a KKK rally where he referenced the possibility of revenge against blacks, Jews, and their supporters. The Supreme Court held that the First Amendment protected even inflammatory speech, unless such speech created a danger of “imminent [immediate] lawless action.” Brandenburg’s speech did not create such a danger because there was no immediate threat of violence. The Brandenburg ruling remains the standard applied today in most situations. Question: Would the Debs case be decided the same way under the Brandenburg standard? In 1969, the Supreme Court considered the right to free speech in schools involving three high school students protesting the Vietnam war. [Have a student volunteer read the Tinker v. Des Moines Indep. Sch. Dist. section of the Worksheet.]42

In December 1965, a group of adults and students in Des Moines decided to demonstrate their objections to the Vietnam War by wearing black armbands during the holiday season and fasting on December 16 and New Year’s Eve. The school board learned of the plan to wear armbands and, on December 14, 1965, the board adopted a policy that any student wearing an armband to school would be asked to remove it or be suspended until he returned without it. Nevertheless, three students wore armbands and they were sent home. They did not return until after the planned protest period ended. The students sued, claiming that the school board’s ban violated their First Amendment rights. The school claimed that the ban was reasonable in order to prevent disturbance of school discipline. The Supreme Court held that, in order to be able to ban speech, the school must show that engaging in the forbidden conduct would “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.” The Court concluded that a simple desire to avoid controversy was insufficient. The Court also noted that the school did not ban all symbols of political or controversial significance, allowing political buttons and even the Iron Cross, the traditional symbol of Nazism. Tinker’s speech did not materially and substantially interfere with school discipline. But school officials do have the ability to restrict speech that does interfere. *There are additional case examples on the student worksheet and on Faculty Attachment 1 to this lesson. You can go over these if time allows.43

OTHER WAYS TO LIMIT FREE SPEECH AND EXPRESSION: Other examples of limits that the courts have placed on freedom of speech and other forms of expression are listed in your Student Worksheet. Let’s go over some of those together. A town, for example, might prohibit picketing on city streets between midnight and dawn, or prevent people from using bullhorns to deliver a speech at night. These are examples of what we call "content-neutral" limitations on speech. They apply equally to everyone and are usually designed to protect peace and order by governing where, when, and how speech may be delivered. Lawyers sometimes call them "time, place and manner restrictions." Laws that single out speech for regulation based on what the speaker has to say are generally illegal because of the First Amendment. So, while a town can ban the use of bullhorns at three in the morning, it cannot ban the use of bullhorns only when they are used in a speech which criticizes the mayor. If a law singles out speech for harsher treatment based on its message, it is almost always unconstitutional. The government also limits free speech by creating civil claims for libel and slander, otherwise known as defamation. Defamation is publishing something false to hurt someone else. Libel is in writing, and slander is spoken. A victim of libel or slander can sue the person making the falsehoods for the injury caused, such as spreading the false rumor that someone has a sexually transmitted disease. National security is another reason the government can limit free speech. If information is top secret and would endanger national security, courts have permitted limits or bars to the communication of such information. Communication of troop movements to the public that could fall into enemy hands would be an example of such information that a court might limit or bar.44

FACT PATTERN/CASE STUDY / CHOOSE ONLY ONE (15 MINUTES): SAMPLE 1 Beyonce Knowles and Sean Carter were civic-minded high school freshmen at Ottawa Hills High School. They became hooked on the political process while watching the debates on YouTube. The next one would be just a week away. Their favorite candidate was Bernie Sanders. They decided they would begin supporting him, and that the best way to gain attention to their cause was to wear white wigs and their Bernie Bro t-shirts. Soon, half of the school population was wearing white wigs to their classes, while the other half of the school decided to wear Donald Trump wigs in support of the then president. Loud and distracting political discussions would break out at the end of every class and carry on into the next one. The teachers were barely able to conduct classes. After 3 days, the Principal had had enough. He announced that, going forward, no wigs or clothing referencing any political figure could be worn at school, with violations to result in suspension. Beyonce and Sean were upset - they felt this was a violation of their First Amendment right to free speech. Feeling angry about no longer being allowed to express their political opinions at school, they found out about a rally downtown for Bernie supporters and decided to attend in their attire. While they were listening to a speaker list the benefits of a democratic socialist society, Mayor Rosalynn Bliss came out with a bullhorn, accompanied by two police officers. She announced that she disagreed with the speaker’s positive view of democratic socialism and that she was ending the rally. Anyone who remained after 5 minutes would be arrested. Beyonce and Sean decided to leave quietly. On their way home, Sean was called in to work at the local diner. His boss took one look at him and told him to “change out of that garbage shirt and get to work.” He grabbed an extra t-shirt from his backpack, but wondered if that, too, was a violation of his First Amendment rights? DISCUSSION QUESTIONS (pick one for debate question.) 1. Did the Principal violate the students’ right to free speech and expression? How? 2. Were Mayor Rosalynn Bliss’s actions constitutional? Why or why not? 3. Did Sean’s boss violate his rights when he ordered him to change out of his political t-shirt for work? 4. What is different about the Principal, the Mayor, and the boss?45

SAMPLE 2 Friday night lights in West Michigan – Football Season! Sam was a senior at Ottawa Hills High School, and he was the star quarterback on the football team. With Sam leading the way, Ottawa Hills was poised to make a run to the state championship. Sam was more than just a football player, though. He was an engaged citizen, and he had been closely following the situation in the NFL where the players were taking a knee during the national anthem to protest police violence. Sam’s favorite NFL team was the Detroit Lions. On the Friday before the Lions’ big game against their rival, the Chicago Bears, the owner of the Lions issued a statement that said, “the Detroit Lions organization does not and will not tolerate any expression of disrespect directed towards the flag. As such, any player who kneels during the anthem will be fined fifty thousand dollars and will not be allowed to play.” Sam could hardly wait to watch Sunday’s Lions’ game on TV. Sure enough, two of the Lions’ players took a knee during the anthem. Following the owner’s instructions, the coach benched those two players for the game and issued them a fifty thousand dollar fine. By Monday morning, the entire country had an opinion on the issue – including the President. In fact, at noon on Monday, the President made a public announcement, he said, “If any player kneels for the national anthem during tonight’s nationally televised Monday Night Football Game, I have instructed the National Guard to arrest that player on the spot.” In what seemed like a scene from a movie, the National Guard was present at that evening’s Monday Night Football game, and they arrested five players who took a knee during the anthem. Sam was outraged. He was the best player on his high school team and its highest profile player. The following Friday evening, when the anthem began to play before the Ottawa Hills vs. East Kentwood football game, Sam decided to express his support for the NFL players by taking a knee himself. When the anthem ended, Sam’s coach approached him to say he was proud of Sam for following important issues and having the courage to express his opinions. Sam charged onto the field and led Ottawa Hills to victory. DISCUSSION QUESTIONS (pick one for debate topic): 1. Did the Detroit Lions organization violate the players’ right to free speech by suspending them and fining them for kneeling during the national anthem? 2. Did the President violate the players’ right to free speech by instructing the national guard to arrest players who kneeled during the Monday Night Football national anthem? 3. What is the critical difference between the Detroit Lions organization compared to the President of the United States and the National Guard? 4. What if Sam’s coach had benched him for kneeling? What constitutional implications would that have? 5. Should private employers encourage their employees to speak freely on important but controversial issues? What impact might this decision have on that employer’s business? What would you do?46

LESSON 3: ATTACHMENT 1 TO FACULTY MATERIALS Another Important General Freedom of Expression Case Snyder v. Phelps, 562 U.S. 443 (2011): Albert Snyder's son, Lance Corporal Matthew Snyder, was killed in the line of duty in Iraq in 2006. Westboro picketed Matthew Snyder's funeral displaying signs that stated, for instance, "God Hates the USA/Thank God for 9/11," "Thank God for Dead Soldiers," and "Don't Pray for the USA." The church notified local authorities in advance that they intended to picket the funeral, staged the picket on public land adjacent to a public street, and complied with all police instructions. Church members also sang hymns and recited Bible verses. Although Albert Snyder could see the tops of the picket signs on the day of the funeral, he could not read what was written on them and it was not until he saw a news story about the funeral and the picketing that he became aware of the church's message. Snyder sued Phelps and the church claiming, among other things, that their actions caused him severe emotional distress. In defense, Phelps argued that his speech (the picketing and the signs) was protected under the Free Speech Clause of the First Amendment to the Constitution. The Supreme Court held that the church was speaking on "matters of public concern" as opposed to "matters of purely private significance." The Court explained that "[s]peech deals with matters of public concern when it can 'be fairly considered as relating to any matter of political, social, or other concern to the community' or when it 'is a subject of general interest and of value and concern to the public.'" Speech on public issues is entitled to special protection under the First Amendment because it serves the "the principle that debate on public issues should be uninhibited, robust, and wide-open." To determine whether the speech dealt with matters of public concern, the Court examined the "content, form, and context" of the speech. The court noted that none of these factors determines the outcome of the case and that a court must evaluate all the circumstances of the speech, "including what was said, where it was said, and how it was said." Even though some of the picket signs arguably targeted only the Snyder family, most of them addressed issues regarding the moral conduct of the U.S., the fate of the U.S., and homosexuality in the military. As such, the "overall thrust and dominant theme" of the speech related to broader public issues. Furthermore, the church was picketing on public land adjacent to a public street. Finally, there was no pre-existing relationship between Westboro's speech and Snyder that might suggest that the speech on public matters was intended to mask an attack on Snyder over a private matter. Therefore, the Court held that the Phelps and his followers were "speaking" on matters of public concern on public property and thus, were entitled to protection under the First Amendment. Additional Examples of Freedom of Expression in Schools Board of Education, Island Trees Union Free School District No. 26 v. Pico, 457 U.S. 853, 102 S.Ct. 2799, 73 L.Ed.2d 435 (1982): In 1975, three school board members sought the removal of several books determined objectionable by a politically conservative organization. The following February, the board gave an "unofficial direction" that the books be removed from the school libraries, so that board members could read them. When the board action attracted press attention, the board described the books as "anti-American, anti-Christian, anti- Semitic, and just plain filthy." The nine books that were the subject of the lawsuit were Slaughterhouse-Five by Kurt Vonnegut, Jr.; The Naked Ape by Desmond Morris; Down These Mean Streets by Piri Thomas; Best Short Stories of Negro Writers edited by Langston Hughes; Go Ask Alice; Laughing Boy by Oliver LaFarge; Black Boy by Richard Wright; A Hero Ain't Nothin' But a Sandwich by Alice Childress; and Soul on Ice by Eldrige Cleaver. The board appointed a review committee that recommended that five of the books be returned to the shelves, two be placed on restricted shelves, and two be removed from the library. The full board voted to remove all but47

one book. After years of appeals, the U.S. Supreme Court upheld (5-4) the students' challenge to the board's action. The Court held that school boards do not have unrestricted authority to select library books and that the First Amendment is implicated when books are removed arbitrarily. Justice Brennan declared in the plurality opinion: "Local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books and seek by their removal to prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion." Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988): After a school principal removed two pages containing articles, among others, on teenage pregnancy and the impact of divorce on students from a newspaper produced as part of a high school journalism class, the student staff filed suit claiming violation of their First Amendment rights. The principal defended his action on the grounds that he was protecting the privacy of the pregnant students described, protecting younger students from inappropriate references to sexual activity and birth control, and protecting the school from a potential libel action. The Supreme Court held that the principal acted reasonably and did not violate the students' First Amendment rights. A school need not tolerate student speech, the Court declared, "that is inconsistent with its 'basic educational mission,' even though the government could not censor similar speech outside the school." In addition, the Court found the newspaper was part of the regular journalism curriculum and subject to extensive control by a faculty member. The school, thus, did not create a public forum for the expression of ideas, but instead maintained the newspaper "as supervised learning experience for journalism students." The Court concluded that "educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns." The Court strongly suggested that supervised student activities that "may fairly be characterized as part of the school curriculum," including school-sponsored publications and theatrical productions, were subject to the authority of educators. The Court cautioned, however, that this authority does not justify an educator's attempt "to silence a student's personal expression that happens to occur on the school premises. Freedom of Expression; Freedom of Speech; Freedom of Press; Right to Peaceable Assembly; Right to Petition for a Redress of Grievances; Bill of Rights; Constitution; Loyalty Oaths; Supreme Court; Supreme Law of the Land; Interpret the Law/Judicial Interpretation; Red Scare; McCarthyism/McCarthy Era/Joseph McCarthy; Eugene Debs; Clear and Present Danger; Constitutional Amendment; Congress; Abridge; Espionage Act of 1917; Socialist/Socialism; Subpoena; Content-Neutral Laws; Content-Based Laws; Time/Place/Manner Restrictions; Communism/Communist; Bolshevik; Russian Revolution; Sacco & Vanzetti Trial; Blacklisting; Brandenburg v. Ohio; Imminent Lawless Action Test; Unconstitutional; First Amendment; Libel; Slander; National Security; Individual Rights v. Rights of Others/the common Good; Precedent; Westboro Baptist Church; Snyder v Phelps.48

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LESSON 3: STUDENT HANDOUT - FREEDOM OF EXPRESSION THE FIRST AMENDMENT/FREEDOM OF EXPRESSION: "Congress shall make no law … abridging the freedom of speech, or of the press, or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." EUGENE V. DEBS FACT PATTERN: Eugene V. Debs, a well-known socialist, gave a public speech to an assembly of people in Canton, Ohio. The speech was about the growth of socialism and contained statements that the government claimed, and a jury agreed, were intended to interfere with military recruitment and encouraged insubordination, disloyalty, and mutiny in the armed forces. Such behavior was in violation of the Espionage Act of 1917. Debs appealed his arrest and conviction to the United States Supreme Court. ISSUE: Did the government deny Debs' right to free speech under the First Amendment to the United States Constitution? DEBS v. UNITED STATES (1919) COURT RULING: The Supreme Court of the United States upheld the lower court's decision in favor of the government. The Court said that free speech is not absolute, and that Debs had actually planned to discourage people from enlisting in the armed forces. The Court refused to grant him protection under the First Amendment freedom of speech clause, stating that Debs "used words [in his speech] with the purpose of obstructing the recruiting service." Debs' conviction under the Espionage Act would stand because his speech represented a "clear and present danger" to the safety of the United States as it could influence soldiers to disobey their commanders and therefore endanger the lives of other soldiers. BRANDENBURG V. OHIO (1969): The Supreme Court decided Brandenburg v. Ohio in 1969. Brandenburg was a KKK member who was arrested after speaking at a KKK rally where he referenced the possibility of revenge against blacks, Jews, and their supporters. The Supreme Court held that his arrest and conviction violated the First Amendment’s freedom of speech provision. The Court’s ruling narrowed the limits of the “clear and present danger” rule to permit even inflammatory speech unless such speech created a danger of “imminent (immediate) lawless action.” Brandenburg’s speech did not create such a danger because there was no immediate threat of violence. The Brandenburg ruling remains the standard applied today in most situations. TINKER V. DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT (1969) In December 1965, a group of adults and students in Des Moines decided to demonstrate their objections to the Vietnam War by wearing black armbands during the holiday season and fasting on December 16 and New Year’s Eve. The school board learned of the plan to wear armbands and, on December 14, 1965, the board adopted a policy that any student wearing an armband to school would be asked to remove it or be suspended until he returned without it. Nevertheless, three students wore armbands and they were sent home. The did not return until after the planned protest period ended. The students sued, claiming that the school board’s ban violated their First Amendment rights. The school claimed that the ban was reasonable in order to prevent disturbance of school discipline. The Supreme Court held that, in order to be able to ban speech, the school must show that engaging in the forbidden conduct would “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.” The Court concluded that a simple desire to avoid controversy was insufficient. The Court also noted that the school did not ban all symbols of political or controversial significance, allowing political buttons and even the Iron Cross, the traditional symbol of Nazism. Tinker’s speech did not materially and substantially interfere with school discipline. But school officials do have the ability to restrict speech that does interfere.50

OTHER WAYS TO LIMIT FREE SPEECH AND EXPRESSION: There are many ways in which the government might regulate speech, and not all of them are off limits, or even bad ideas. A town, for example, might prohibit picketing on city streets between midnight and dawn, or prevent people from using bullhorns to deliver a speech at night. These are examples of what we call "content-neutral" limitations on speech. They apply equally to everyone and are usually designed to protect peace and order by governing where, when, and how speech may be delivered. Lawyers sometimes call them "time, place and manner restrictions." Laws that single out speech for regulation based on what the speaker has to say are generally prohibited by the First Amendment. So, while a town can ban the use of bullhorns at three in the morning, it cannot ban the use of bullhorns only when they are used in a speech which criticizes the mayor. There are very few exceptions to this rule. If a law singles out speech for harsher treatment based on its message, it is almost always unconstitutional. The government also limits free speech by creating civil claims for libel and slander. Libel is a falsehood that someone writes to deliberately hurt another person and slander is speaking a falsehood to deliberately hurt another. A victim of libel or slander can sue the person making the falsehoods for the injury caused, such as spreading the false rumor that someone has a sexually transmitted disease. National security is another reason the government can limit free speech. If information is top secret and would endanger national security, courts have permitted limits or bars to the communication of such information. Communication of troop movements to the public that could fall into enemy hands would be an example of such information that a court might limit or bar. Another Important Freedom of Expression Case Snyder v. Phelps, 562 U.S. 443 (2011): Albert Snyder's son, Lance Corporal Matthew Snyder, was killed in the line of duty in Iraq in 2006. Westboro picketed Matthew Snyder's funeral displaying signs that stated, for instance, "God Hates the USA/Thank God for 9/11," "Thank God for Dead Soldiers," and "Don't Pray for the USA." The church notified local authorities in advance that they intended to picket the funeral, staged the picket on public land adjacent to a public street, and complied with all police instructions. Church members also sang hymns and recited Bible verses. Although Albert Snyder could see the tops of the picket signs on the day of the funeral, he could not read what was written on them and it was not until he saw a news story about the funeral and the picketing that he became aware of the church's message. Snyder sued Phelps and the church claiming, among other things, that their actions caused him severe emotional distress. In defense, Phelps argued that his speech (the picketing and the signs) was protected under the Free Speech Clause of the First Amendment to the Constitution. The Supreme Court held that the church was speaking on "matters of public concern" as opposed to "matters of purely private significance." The Court explained that "[s]peech deals with matters of public concern when it can 'be fairly considered as relating to any matter of political, social, or other concern to the community' or when it 'is a subject of general interest and of value and concern to the public.'" Speech on public issues is entitled to special protection under the First Amendment because it serves the "the principle that debate on public issues should be uninhibited, robust, and wide-open." To determine whether the speech dealt with matters of public concern, the Court examined the "content, form, and context" of the speech. The court noted that none of these factors determines the outcome of the case and that a court must evaluate all the circumstances of the speech, "including what was said, where it was said, and how it was said." Even though some of the picket signs arguably targeted only the Snyder family, most of them addressed issues regarding the moral conduct of the U.S., the fate of the U.S., and homosexuality in the military. As such, the "overall thrust and dominant theme" of the speech related to broader public issues. Furthermore, the church was picketing on public land adjacent to a public street. Finally, there was no pre-existing relationship between Westboro's speech and Snyder that might suggest that the speech on public matters was intended to mask an attack on Snyder over a private matter. Therefore, the Court held that the Phelps and his followers were "speaking" on matters of public concern on public property and thus, were entitled to protection under the First Amendment.51

Additional Examples of Freedom of Expression in Schools Board of Education, Island Trees Union Free School District No. 26 v. Pico, 457 U.S. 853 (1982): In 1975, three school board members sought the removal of several books determined objectionable by a politically conservative organization. The following February, the board gave an "unofficial direction" that the books be removed from the school libraries, so that board members could read them. When the board action attracted press attention, the board described the books as "anti-American, anti-Christian, anti-Semitic, and just plain filthy." The nine books that were the subject of the lawsuit were Slaughterhouse-Five by Kurt Vonnegut, Jr.; The Naked Ape by Desmond Morris; Down These Mean Streets by Piri Thomas; Best Short Stories of Negro Writers edited by Langston Hughes; Go Ask Alice; Laughing Boy by Oliver LaFarge; Black Boy by Richard Wright; A Hero Ain't Nothin' But a Sandwich by Alice Childress; and Soul on Ice by Eldrige Cleaver. The board appointed a review committee that recommended that five of the books be returned to the shelves, two be placed on restricted shelves, and two be removed from the library. The full board voted to remove all but one book. After years of appeals, the U.S. Supreme Court upheld (5-4) the students' challenge to the board's action. The Court held that school boards do not have unrestricted authority to select library books and that the First Amendment is implicated when books are removed arbitrarily. Justice Brennan declared in the plurality opinion: "Local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books and seek by their removal to prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion." Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S.Ct. 562, 98 L.Ed.2d 592 (1988): After a school principal removed two pages containing articles, among others, on teenage pregnancy and the impact of divorce on students from a newspaper produced as part of a high school journalism class, the student staff filed suit claiming violation of their First Amendment rights. The principal defended his action on the grounds that he was protecting the privacy of the pregnant students described, protecting younger students from inappropriate references to sexual activity and birth control, and protecting the school from a potential libel action. The Supreme Court held that the principal acted reasonably and did not violate the students' First Amendment rights. A school need not tolerate student speech, the Court declared, "that is inconsistent with its 'basic educational mission,' even though the government could not censor similar speech outside the school." In addition, the Court found the newspaper was part of the regular journalism curriculum and subject to extensive control by a faculty member. The school, thus, did not create a public forum for the expression of ideas, but instead maintained the newspaper "as supervised learning experience for journalism students." The Court concluded that "educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns." The Court strongly suggested that supervised student activities that "may fairly be characterized as part of the school curriculum," including school-sponsored publications and theatrical productions, were subject to the authority of educators. The Court cautioned, however, that this authority does not justify an educator's attempt "to silence a student's personal expression that happens to occur on the school premises.52

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LESSON 4: EQUAL PROTECTION AND REPARATIONS DISCUSSION (Small groups) Today’s lesson is about the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. We will talk about when and why the amendment was adopted and how it has been interpreted. We will then discuss the concept of “reparations” or remedies for past violations. History of the Equal Protection Clause (15 minutes) The 14th Amendment was adopted 1866 and took effect in 1868, approximately 80 years after the adoption of the Constitution. Take a look at the first page of your student handout for what the Equal Protection Clause says: “No state shall . . . deny to any person within its jurisdiction the equal protection of the laws.” The Equal Protection Clause is essentially a command that the government will treat all people who are similarly situated the same. What was going on in the U.S. in 1866 that caused this Amendment to be adopted? [See if anyone knows the answer, then be sure to share it with them if no one knows the correct answer.] The answer is that after the Civil War, former Confederate states were enacting state laws that denied former slaves the same rights and freedoms as whites. These laws were called Black Codes or Jim Crow laws. So, race-based “classifications” were created and enforced through the laws. The adoption of the Equal Protection Clause led to Supreme Court challenges of the Black Codes/Jim Crow laws. But the Supreme Court took a long time, nearly 60 years, to understand the Equal Protection Clause as we do today: Plessy v. Ferguson (1896): Plessy, who was black, challenged laws requiring segregated areas of passenger trains and other forms of transportation. The Supreme Court upheld the laws stating that “separate but equal” treatment based on race does not violate the 14th Amendment. Brown v. Bd. Of Education (1954): Brown and other black students and parents challenged the Topeka, Kansas school system's policy of assigning students to its schools based solely on race. The Supreme Court held that “separate but equal” based on race is “inherently’ (by its nature) unequal, overruling Plessy [if necessary, briefly explain what it means when a court overrules a prior decision]. Even after the Brown decision, it took the adoption of statutes such as the Civil Rights Act of 1968 and many court decisions to undo many of the discriminatory laws that permitted racial discrimination in schools, employment, and civil participation. Today, when courts analyze laws that make distinctions between citizens, two tracks of analysis are followed. Courts apply “rational basis” analysis to laws that do not impact a constitutional right. In such cases, the legislature needs to have only a rational basis connecting the law to the goal sought by the law. For example, Michigan's driving age discriminates (treats groups differently) between those below and above a certain age. Because there is no constitutional right to drive, a challenge to the law by a 14-year-old would likely fail. The government would only need to show it is ‘rational' to not permit 14- year-olds to drive. Most laws that fall under “rational basis analysis” will be upheld by the courts. However, laws that impact a right guaranteed in the U.S. Constitution, including those in the 14th Amendment (such as racial identity or national origin), are subject to “strict scrutiny.” Such laws will not be upheld unless the government can prove a “compelling governmental interest” (extremely important governmental interest) and that there is no other way to address that interest. Most laws analyzed under “strict scrutiny” do not survive a legal challenge. We have talked about the origins of the 14th Amendment’s Equal Protection Clause and challenges raised by African-Americans leading to Brown v. Board of Ed. The Equal Protection Clause has also been raised by racial and ethnic groups other than African- Americans. In Korematsu v. US. (1944), the U.S. Supreme Court was asked to find that a Presidential order banning Japanese-Americans from areas near the west54

coast of the United States and interning them in detention camps during World War II violated the Equal Protection Clause. Korematsu noted that other ethnic/racial groups from countries the U.S. was fighting, such as Germans and Italians, were not similarly treated. The Supreme Court held that the order was a valid wartime measure in light of the presence of many Japanese on the West Coast and the fear of an invasion in that area at that time, together with the difficulty of separating the loyal from the disloyal. Effectively, the Supreme Court held that the government had a compelling state interest in excluding Japanese-Americans from areas near the west coast. It therefore found no equal protection violation. Was that a reasonable decision? Why? The Korematsu decision has never formally been overruled, though it has been the subject of much criticism. In 2018, while addressing another issue, the Supreme Court stated that it was obvious that “Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and – to be clear – ‘has no place in law under the Constitution.’” Trump v. Hawaii (2018). The statement, however, does not have the force of law, as it did not decide a question before the Supreme Court. In the meantime, Congress considered and addressed the questions of whether the incarcerations warranted an apology from the government and some sort of remedy. This brings us to the second part of our discussion today: Reparations. REPARATIONS DISCUSSION (15 minutes) What do you think the word “reparations” means? Why do you think some people believe reparations are necessary?" What types of reparations could be suggested? (Apologies; cash payments to all descendants of enslaved persons; land grants to descendants of enslaved persons; affirmative action to help descendants purchase homes, obtain education, or build generational wealth; implementation of mandatory education to all Americans about the history of slavery and systemic discrimination.) Facilitate a brief discussion allowing students to share their initial thoughts and understanding of reparations. Example of tension between equal protection violations such as slavery, denials of equal housing and financing opportunities, limitations on areas in which black people could live, denials of equal education and modern attempts to grant reparations for past discriminatory behavior, which themselves are challenged as denials of equal protection. See NPR article of September 14, 2026: https://apple.news/ALC5tP2XFSeKwHIHuUNjetA55

Some forms of reparations have been tried or proposed before in the United States. • In 1988, Congress passed the Civil Liberties Act of 1988. The act, which was signed by President Reagan, provided for a presidential apology and $20,000 to all Japanese-Americans who lost liberty or property because of the discriminatory action taken by the federal government during WWII. More than 80,000 such persons or their descendants received $20,000. • In 1946, Congress created the Indian Claims Commission to compensate federally recognized Native American tribes for stolen land. Compensation in the form of cash and/or lands has been granted on multiple occasions as a form of reparations for violations of treaty rights and the taking of lands. • In 2023, a large group of legislators introduced HR 40 in the U.S. House of Representatives the bill establishes a Commission to Study and Develop Reparation Proposals for African-Americans. If adopted, the commission would examine slavery and discrimination in the colonies and the U.S. from 1619 to the present and recommend appropriate remedies. The bill is designed to address the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies between 1619 and 1865 and to establish a commission to study and consider a national apology and proposal for reparations for the institution of slavery, its subsequent de jure and de facto racial and economic discrimination against African-Americans, and the impact of these forces on living African-Americans, to make recommendations to the Congress on appropriate remedies, and for other purposes. Fact Pattern #1 In the early 20th century, Tulsa, Oklahoma, was home to a thriving African American community in the Greenwood District, known as “Black Wall Street.” This area was one of the wealthiest Black communities in the United States, with many successful businesses, schools, and cultural institutions. However, racial tensions were high, and on May 31 and June 1, 1921, these tensions erupted into one of the most disturbing incidents of racial violence in American history: the Tulsa Race Massacre. The violence began after a young Black man, Dick Rowland, was accused of assaulting a white woman, Sarah Page, in an elevator. Although the charges were never proven and the case was eventually dismissed, the accusation led to a confrontation between armed groups of Black and white residents outside the courthouse. This confrontation escalated, and a white mob descended on Greenwood, burning homes, businesses, churches, and schools to the ground. The massacre left hundreds of Black residents dead, thousands homeless, and the once-prosperous community in ruins. The local government and law enforcement did little to stop the violence, and many survivors were detained in internment camps. In the years following the massacre, survivors and their descendants faced significant barriers to rebuilding their lives. Insurance companies refused to pay out claims for the destroyed properties, and the city did not provide adequate support for rebuilding. The trauma and economic devastation were passed down through generations, contributing to systemic racial inequalities in Tulsa and beyond. In the present day, there is a growing movement advocating for reparations for the survivors and descendants of the Tulsa Race Massacre. Proponents argue that the massacre was not just an isolated incident of racial violence but part of a broader pattern of systemic racism that has had lasting effects on the Black community. They contend that reparations are necessary to address the historical injustices and economic losses suffered by the victims and their families, as well as to promote healing and reconciliation. In June 2024, there was a lawsuit filed by the survivors of the 1921 Tulsa Race Massacre seeking reparations for the destruction of Black Wall Street.56

Discussion Questions (10 minutes): 1. Should the survivors of the 1921 Tulsa Race Massacre receive reparations for the destruction of Black Wall Street? Why? Why not? 2. Native American tribes have received compensation and land on multiple occasions as a form of reparations for violations of treaty rights and the taking of lands. Do you believe they should/should not have received compensation? Why or why not? 3. In 1988, through the Civil Liberties Act of 1988, Japanese Americans who were interned or had their property confiscated received $20,000 as a form of reparations for their treatment during World War II. Do you believe they should have received anything for their treatment during World War II? Debate Question (10 minutes): 1. Should the U.S. government provide reparations for the injustices of slavery and systemic racism?57

Fact Pattern #2 Armando Pérez and Miguel Valenzuela decided to take a spring break trip to San Antonio, Texas. They had discovered that both of their grandfathers had settled in that area in the early 1900’s and were interested in learning more about where their families had come from. There had been what seemed like a lot of asylum-seekers from the Central American countries in the past few months, although the immigration rate was actually down overall. However, the Mayor of San Antonio was infuriated by the influx of people. He believed that the people coming across the border would take job opportunities from the citizens of his city and that they would cost the city too much money. He decided that he would set up checkpoints around the city to verify that only Texans were using the city’s resources. One day while they were sight-seeing around the city, Armando and Miguel were stopped at one of the checkpoints. Not wanting to have to keep track of their belongings, they had left their wallets locked in the hotel safe. They were asked to show their identification and whether or not they were born in Texas. Both answered “no” because they were born in Michigan and could not otherwise prove their citizenship. They were immediately arrested and taken to a detention facility. They were not able to contact their families and were not allowed phone calls unless they could pay for them in advance. Because they had only a little money for their tour of the city that day, they couldn’t afford any calls. During the time they were in the detention facility, their time to check out of their hotel had come. Since they did not show up to claim their belongings, all of their luggage, including their iPhones, Beats headphones, laptops, and all of the chargers and accessories were confiscated by the local police department. After 9 months in the detention facility, Armando and Miguel were eventually able to provide proof that they were legally present in Texas. They requested their items back from the police but were told that the items had been auctioned off and the funds were used for the detention facility. Armando and Miguel vowed to never visit Texas again, and were allowed to go back to Grand Rapids, Michigan. Discussion Questions (10 minutes): 1. On what basis could Armando and Miguel make a claim against the City of San Antonio for their treatment on spring break? 2. What argument could the Mayor of San Antonio make to justify his checkpoint rule? 3. Do you think that the treatment of Armando and Miguel was just? Why or why not? 4. Do you think that the Mayor was right to be concerned about people using the city’s resources? Debate Question (10 minutes): 1. Did the City of San Antonio violate Armando and Miguel’s rights to equal protection by arresting and detaining them for nine months because they were not born in Texas?58

REPARATIONS: DEBATE PROS/CONS (For Faculty Only) DEBATE QUESTION: Should the U.S. government provide reparations for the injustices of slavery and systemic racism? ARGUMENTS FOR REPARATIONS • Address Wealth Disparities Slavery created large wealth gaps that reparations could help address. • Address Health Disparities Slavery left African American communities with a "slave health deficit" that reparations could help address. • National Program Some say that a national program is necessary because racist federal policies contributed to the wealth gap, and only the federal government could compensate for the harms. • First Step The NAACP says that reparations are the first step in repairing the damage caused by slavery and racial discrimination. • Take a Long View Some say that the United States needs to take a long view to understand the past and take appropriate actions. ARGUMENTS AGAINST REPARATIONS • No One Alive Today Is Responsible Some say that no one living today is responsible for the wrongs of long-dead slave owners, and most of those alive are not responsible for de jure discriminatory practices preceding the civil rights laws of the 1960s. Giving reparations from non-responsible parties violates equal protection to the current generation. • Demeaning Some say that the idea of reparations is demeaning to African Americans. • Divide The Country Some say that reparations would further divide the country along racial lines. • Unforeseen Consequences Some say that reparations programs could have large and unexpected side effects, and that the question of who qualifies would become more contested. Such problems include determining percentages of heritage for qualification. • Libertarian Remedies Some say that libertarian remedies, such as enforcing the rule of law, voluntary help, and removing barriers to entry, are better than reparations.59

LESSON 4: STUDENT HANDOUT EQUAL PROTECTION & REPARATIONS 14TH AMENDMENT EQUAL PROTECTION CLAUSE The Equal Protection Clause commands that “No State shall . . . deny to any person within its jurisdiction the equal protection of the laws.” The Equal Protection Clause is essentially a command that the government will treat all people who are similarly situated the same. “Jim Crow Laws” or “Black Codes” were laws that created race-based classifications that legalized treating black citizens differently from white citizens. Plessy v. Ferguson (1896): Plessy, who was black, challenged laws requiring segregated areas of passenger trains and other forms of transportation. The Supreme Court upheld the laws stating that “separate but equal” treatment based on race does not violate the 14th Amendment. Brown v. Bd. Of Education (1954): Brown and other black students and parents challenged the Topeka, Kansas school system's policy of assigning students to its schools based solely on race. The Supreme Court held that “separate but equal” based on race is “inherently’ (by its nature) unequal, overruling Plessy [if necessary, briefly explain what it means when a court overrules a prior decision]. Korematsu v. US. (1944), the U.S. Supreme Court was asked to find that a Presidential order banning Japanese-Americans from areas near the west coast of the United States and interning them in detention camps during World War II violated the Equal Protection Clause. Reparations: Reparations are a way to compensate for an injury or abuse, and can include a variety of forms: • Monetary compensation: Direct payments to individuals or communities • Land-based compensation: Land grants or other land-based compensation • Educational programs: Scholarships or other educational initiatives • Systemic initiatives: Policies or practices to offset injustices • Apologies and acknowledgements: Public recognition of injustices • Renaming and removal of monuments: Changing the names of streets or monuments that honor enslavers or defenders of slavery • Naming buildings after enslaved people: Naming buildings after enslaved people or people connected with abolition60

Fact Pattern #1 In the early 20th century, Tulsa, Oklahoma, was home to a thriving African American community in the Greenwood District, known as “Black Wall Street.” This area was one of the wealthiest Black communities in the United States, with many successful businesses, schools, and cultural institutions. However, racial tensions were high, and on May 31 and June 1, 1921, these tensions erupted into one of the most disturbing incidents of racial violence in American history: the Tulsa Race Massacre. The violence began after a young Black man, Dick Rowland, was accused of assaulting a white woman, Sarah Page, in an elevator. Although the charges were never proven and the case was eventually dismissed, the accusation led to a confrontation between armed groups of Black and white residents outside the courthouse. This confrontation escalated, and a white mob descended on Greenwood, burning homes, businesses, churches, and schools to the ground. The massacre left hundreds of Black residents dead, thousands homeless, and the once-prosperous community in ruins. The local government and law enforcement did little to stop the violence, and many survivors were detained in internment camps. In the years following the massacre, survivors and their descendants faced significant barriers to rebuilding their lives. Insurance companies refused to pay out claims for the destroyed properties, and the city did not provide adequate support for rebuilding. The trauma and economic devastation were passed down through generations, contributing to systemic racial inequalities in Tulsa and beyond. In the present day, there is a growing movement advocating for reparations for the survivors and descendants of the Tulsa Race Massacre. Proponents argue that the massacre was not just an isolated incident of racial violence but part of a broader pattern of systemic racism that has had lasting effects on the Black community. They contend that reparations are necessary to address the historical injustices and economic losses suffered by the victims and their families, as well as to promote healing and reconciliation. In June 2024, there was a lawsuit filed by the survivors of the 1921 Tulsa Race Massacre seeking reparations for the destruction of Black Wall Street. Discussion Questions (10 minutes): 1. Should the survivors of the 1921 Tulsa Race Massacre receive reparations for the destruction of Black Wall Street? Why? Why not? 2. Native American tribes have received compensation and land on multiple occasions as a form of reparations for violations of treaty rights and the taking of lands. Do you believe they should/should not have received compensation? Why or why not?61

3. In 1988, through the Civil Liberties Act of 1988, Japanese Americans who were interned or had their property confiscated received $20,000 as a form of reparations for their treatment during World War II. Do you believe they should have received anything for their treatment during World War II? Debate Question (10 minutes): 1. Should the U.S. government provide reparations for the injustices of slavery and systemic racism? Fact Pattern #2 Armando Pérez and Miguel Valenzuela decided to take a spring break trip to San Antonio, Texas. They had discovered that both of their grandfathers had settled in that area in the early 1900’s and were interested in learning more about where their families had come from. There had been what seemed like a lot of asylum- seekers from the Central American countries in the past few months, although the immigration rate was actually down overall. However, the Mayor of San Antonio was infuriated by the influx of people. He believed that the people coming across the border would take job opportunities from the citizens of his city and that they would cost the city too much money. He decided that he would set up checkpoints around the city to verify that only Texans were using the city’s resources. One day while they were sight-seeing around the city, Armando and Miguel were stopped at one of the checkpoints. Not wanting to have to keep track of their belongings, they had left their wallets locked in the hotel safe. They were asked to show their identification and whether or not they were born in Texas. Both answered “no” because they were born in Michigan and could not otherwise prove their citizenship. They were immediately arrested and taken to a detention facility. They were not able to contact their families and were not allowed phone calls unless they could pay for them in advance. Because they had only a little money for their tour of the city that day, they couldn’t afford any calls. During the time they were in the detention facility, their time to check out of their hotel had come. Since they did not show up to claim their belongings, all of their luggage, including their iPhones, Beats headphones, laptops, and all of the chargers and accessories were confiscated by the local police department. After 9 months in the detention facility, Armando and Miguel were eventually able to provide proof that they were legally present in Texas. They requested their items back from the police but were told that the items had been auctioned off and the funds were used for the detention facility. Armando and Miguel vowed to never visit Texas again, and were allowed to go back to Grand Rapids, Michigan.62

Discussion Questions (10 minutes): 1. On what basis could Armando and Miguel make a claim against the City of San Antonio for their treatment on spring break? 2. What argument could the Mayor of San Antonio make to justify his checkpoint rule? 3. Do you think that the treatment of Armando and Miguel was just? Why or why not? 4. Do you think that the Mayor was right to be concerned about people using the city’s resources? Debate Question (5 minutes): 1. Did the City of San Antonio violate Armando and Miguel’s rights to equal protection by arresting and detaining them for nine months because they were not born in Texas?63

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LESSON 5: RIGHTS SEARCH AND SEIZURE (PART 1) INTRODUCTION (small groups) Today we are going to talk about one of the most interesting and controversial areas of the law—the right to be free from unreasonable searches and seizures as guaranteed by the Fourth Amendment to the U.S. Constitution. THE FOURTH AMENDMENT “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.” DISCUSSION (25 MINUTES) You have the right to be free from unreasonable searches and seizures. This right also extends to places and things. In other words, the right to be free from unreasonable searches and seizures includes the property (items such as your phone, your wallet, etc.) on your body, in your house, or in your car. So the police cannot search you or your property or take anything away from you unless it is reasonable, and the police have a search warrant or one of the many exceptions to the search warrant requirement applies (discussed later). A search is when the Government invades your expectation of privacy to obtain information for evidence of a crime. Before your right to be free from a search is violated, you must (1) believe that you have an expectation of privacy, and (2) society must believe that expectation is reasonable. In other words, do you actually expect that you have privacy in a particular place, and do you think other people would consider that expectation reasonable? For example, think about your school restroom. When you go into a stall, you expect that area to be private when you’re in it and society would also believe that expectation of privacy is reasonable. In other words, it is reasonable to believe that when you go into a bathroom stall and close the door behind you that there is an expectation of privacy. For another example, think about your trash. When you throw something away, you may believe that what you toss is private, but society may not believe that your expectation of privacy is reasonable. Rather, the U.S. Supreme Court ruled that because your trash is now on the curb and exposed to the public, there is no longer an expectation of privacy. A seizure is when an officer takes by force or by show of authority. An officer seizes you if you are arrested, and an officer seizes your property if the officer takes control of your belongings. Unless an exception applies, an officer must also have a search warrant before they can legally search you or your property. The search warrant must be issued upon probable cause, supported by Oath or Affirmation, and it must particularly describe the place to be searched or people or things to be seized. Probable cause is a reasonable belief that a crime has been or is being committed and that the person, place, or thing is involved in the crime. An oath or affirmation is testimony given subject to perjury. Particularly describing means that each place, person, or thing must be provided in enough detail so that confusion is unlikely. A judge will look at the information and the facts to decide whether to issue a search warrant.65

EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT 1. Search incident to an arrest: An officer can search you after you have been arrested. 2. Consent search: If you voluntarily consent to a search, no warrant is needed. 3. Plain view: If contraband (items illegal to possess, such as heroin) is in plain view (plain sight), it can be seized because there is no expectation of privacy. 4. Stop and frisk/pat-down/Terry search: If an officer has a reasonable suspicion of criminal activity, the officer can conduct a limited search for weapons to protect the officer and others from harm. The U.S. Supreme Court case that gave rise to this exception was Terry v. Ohio, where a policeman did a stop and frisk of a suspect outside of a jewelry store. 5. Hot pursuit: If in hot pursuit of a suspected criminal, the police can enter without a warrant (example: murder suspect running from police goes into the suspect’s home and shuts the door). 6. Automobile search: There is less of an expectation of privacy in a moving vehicle than in a home because vehicles can quickly leave the scene so a warrant is not required if the officer has probable cause to believe drugs or other evidence of criminal activity are in the vehicle. An officer can search the entire area that could reasonably contain the contraband. 7. Inventory search: If a vehicle is taken into possession, an officer is permitted to conduct an inventory of its contents to determine what is in it so that there is no claim later that something was taken (example: car towed because a driver had no license and when an inventory search is performed, drugs are found in the trunk). 8. Government agency/administrative searches: Certain government agencies can conduct searches without warrants (examples: school officials can search student lockers; border guards can search vehicles and people when they attempt to enter the country). 9. Exigent circumstances: Emergency situations that make it reasonable to enter without obtaining a warrant (example: police hear someone in a home scream, “Don't kill me!"). 10. Parolees and Probationers: A person on probation or parole status has a greatly reduced expectation of privacy. EXCLUSIONARY RULE What happens when an officer conducts an illegal search? In other words, what happens when the government violates your Fourth Amendment right by not obtaining a valid search warrant, before an officer searches you or your property, and no exception applies? There has been a longstanding debate about whether any contraband from an illegal search should be used as evidence against a defendant. Two U.S. Supreme Court cases that address this issue are Mapp v. Ohio (1961) and Miranda v. Arizona (1966). In Mapp, the Court ruled that the police illegally obtained evidence because the police did not have a valid search66

warrant (or a valid exception to a search warrant) when the police searched Ms. Mapp’s home and seized things (pornographic materials). The Court held that these materials must be excluded at Ms. Mapp’s trial even though it was illegal to possess the materials. The Court reasoned that excluding the evidence would deter the police from conducting improper searches even though it may result in some criminals going free. We call this the Exclusionary Rule. In other words, sometimes if an officer illegally searches you or your property, and the officer finds evidence that may link you to a crime, that evidence may be excluded at trial (or not used against you). In Miranda, the Court extended the exclusionary rule to statements obtained from suspects before they were informed of their right to not incriminate themselves ("Miranda Warnings”). In 2018, the Supreme Court decided an important search and seizure question arising out of new technology. In Carpenter v. United States, 138 S. Ct. 2206 (2018), the Court held that an individual has an expectation of privacy under the Fourth Amendment in the record of his physical movements. As a result, the Court held that the government ordinarily must obtain a search warrant, supported by probable cause, before accessing historical location information from a wireless carrier. Also in 2018, the Supreme Court decided that, while police may look closely at cars that are parked along public roads without a warrant, an officer may not go on private property to lift up a tarp covering a motorcycle to determine if it looked like the vehicle they were searching for. Collins v. Virginia, 138 S. Ct. 1663 (2018). REASONABLENESS OF EXECUTION OF SEARCH OR SEIZURE In addition to its effect on whether a search or seizure is permissible at all, the Fourth Amendment’s reasonableness requirement limits the way in which a search or seizure is conducted. (George Floyd and other excessive-force cases.) The right to make an arrest or investigatory stop has long permitted “some degree of physical coercion or threat thereof to effect it.” Graham v. Connor, 490 U.S. 386, 396 (1989) (quoting U.S. Const. amend. IV). Id. at 396 (citing Terry v. Ohio, 392 U.S. 1, 22–27 (1968)). Determining whether the force used in a seizure was “reasonable” within the meaning of the Fourth Amendment requires consideration of “the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Id. (citing Tennesee v. Garner, 471 U.S. 1, 8–9 (1985)). The inquiry is “whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.” Id. at 397 (citing Scott v. United States, 436 U.S. 128, 138 (1978)). The reasonableness of the force is judged from the perspective of a reasonable officer on the scene, “rather than with the 20/20 vision of hindsight.” Id. at 396. QUESTIONS 1. In the case of George Floyd, which factors weigh against the reasonableness of kneeling on George Floyd’s neck for 9 minutes? 2. What factors weigh in favor of the officer’s action?67

FACT PATTERN #1 (15 MINUTES) School had let out, and Ty (short for Tyrone) and Derek were walking to the bus stop to catch the bus home. Both guys were high school students. The bus stop is not on campus. As they got to the bus stop, Ty and Derek noticed that the kids had formed a circle. Everyone knew what this meant, a fight was about to pop off. As they got closer, both guys pulled out their phones to record what was happening. Many of the kids who were in the circle were doing the same thing. As usual, no one was trying to stop the fight. Before the guys could hit the record button, the fight began. (The fight was between two girls, and they were going at it.) Although the crowd was reacting to the fight, no one jumped in the melee. Ms. Nicolas, a teacher at the school, was on her way home and saw the commotion. She immediately pulled onto a side street and got out of the car. On her way to the crowd, she started yelling at the kids to stop. Several kids recognized the teacher and started yelling at the girls to stop, which they did. At the same time, and as luck would have it, a Grand Rapids patrol officer was driving by and saw the kids still in the circle formation. He knew this behavior signaled trouble. The officer did not see the fight; however, he did a U- turn, called out his position and asked for back-up. He pulled up to the bus stop to see what was going on. As he was getting out of the patrol vehicle, some of the kids were walking away. He yelled at everyone to stop and told them that they could not leave until he talked to them. Meanwhile, the kids who had their phones out, were still recording. The officer saw Ms. Nicolas and asked her what was going on. She assured him that everything was under control and that the school would handle the issue internally. Not liking that answer and seeing that at least two girls looked disheveled, (clothes were twisted and their hair was all over the place), the officer demanded to see any video that the kids had taken. None complied with the demand. The officer asked Derek if he could see his phone. Not wanting to get into trouble, Derek gave the officer his phone. However, his phone was locked. The officer asked Derek to unlock his phone, and Derek refused to unlock the phone. The officer kept Derek’s phone. Next, the officer went over to the girls and tried to talk to them. Neither of the girls would talk to him. At this point, 5 patrol cars pulled up and surrounded the kids at the bus stop. The kids recorded all of this. Interested in what was going on, more kids began to walk toward the commotion. As expected, everyone had their phones out and were recording the scene. The officers kept the new arrivals away from the scene. Despite the officer’s demands to stop recording, the kids did not comply. Now, more officers arrived at the scene and the neighbors began to come out of their houses to see what was going on. Seeing that the situation was getting out of hand and the underlying issue was a mutual fight between teenagers, the officers dispersed the crowd. DISCUSSION QUESTIONS (10 minutes) 1. Was a stop made in this scenario? If so, when and who was stopped? 2. Was the stop reasonable? If yes, why? If not, why not? 3. Was there a seizure? When did it occur and what was seized? 4. Was the seizure reasonable? DEBATE QUESTION (5 minutes) 1. Could the officer force Derek to unlock his phone? Could the officer keep Derek’s phone?68

FACT PATTERN #2 (15 MINUTES) Scenario: Maria is a 16-year-old student at Ottawa Hills High School. At the beginning of the school year, each student receives a copy of the student handbook and is told to review the same. Guns, knives and sharp objects, which could be considered weapons, are strictly prohibited, even if the object is sold for recreational purposes. (Examples are pellet guns, laser tag guns, even water guns are prohibited. In the knife category, letter openers which contain a razor, and even knitting needles are prohibited.) One day, the principal receives an anonymous tip that Maria is carrying a weapon in her purse. Her purse is in her locker, as students are not allowed to carry them to class. Without informing Maria, the principal searches her purse while she is in class and finds a small plastic multipurpose tool that Maria uses for her after-school job. The multipurpose tool is made of plastic and does not look like a regular multipurpose tool, so it was not picked up by the metal detector, nor did it catch the resource person’s attention. One of the tools had a sharp side which is able to cut open boxes and cut small twine but not sharp enough to cut a person’s skin. Maria is called to the principal’s office and disciplined for having the multipurpose tool on school property. The tool is taken in the search. DISCUSSION QUESTIONS (10 minutes) 1. Did the principal have the right to search Maria’s purse without her knowledge? 2. How does the school's interest in maintaining safety balance with Maria's Fourth Amendment rights? 3. Should the multipurpose tool be considered a weapon since it was incapable of cutting skin? 4. What steps could Maria take to challenge the search and any resulting discipline? 5. Should Maria be able to get her multipurpose tool back from the school? DEBATE QUESTION (5 minutes) 1. Did the principal have the right to seize the multipurpose tool and discipline Maria for possessing it?69

LESSON 5: STUDENT WORK SHEET THE FOURTH AMENDMENT “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.” SMALL GROUP DISCUSSION You have the right to be free from unreasonable searches and seizures. This right also extends to places and things. In other words, the right to be free from unreasonable searches and seizures includes the property (items such as your phone, your wallet, etc.) on your body, in your house, or in your car. So the police cannot search you or your property or take anything away from you unless it is reasonable, and the police have a search warrant or one of the many exceptions to the search warrant requirement applies (discussed later). A search is when the Government invades your expectation of privacy to obtain information for evidence of a crime. Before your right to be free from a search is violated, you must (1) believe that you have an expectation of privacy, and (2) society must believe that expectation is reasonable. In other words, do you actually expect that you have privacy in a particular place, and do you think other people would consider that expectation reasonable? For example, think about your school restroom. When you go into a stall, you expect that area to be private when you’re in it and society would also believe that expectation of privacy is reasonable. In other words, it is reasonable to believe that when you go into a bathroom stall and close the door behind you that there is an expectation of privacy. For another example, think about your trash. When you throw something away, you may believe that what you toss is private, but society may not believe that your expectation of privacy is reasonable. Rather, the U.S. Supreme Court ruled that because your trash is now on the curb and exposed to the public, there is no longer an expectation of privacy. A seizure is when an officer takes by force or by show of authority. An officer seizes you if you are arrested, and an officer seizes your property if the officer takes control of your belongings. Unless an exception applies, an officer must also have a search warrant before they can legally search you or your property. The search warrant must be issued upon probable cause, supported by Oath or Affirmation, and it must particularly describe the place to be searched or people or things to be seized. Probable cause is a reasonable belief that a crime has been or is being committed and that the person, place, or thing is involved in the crime. An oath or affirmation is testimony given subject to perjury. Particularly describing means that each place, person, or thing must be provided in enough detail so that confusion is unlikely. A judge will look at the information and the facts to decide whether to issue a search warrant. EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT 1. Search incident to an arrest: An officer can search you after you have been arrested. 2. Consent search: If you voluntarily consent to a search, no warrant is needed.70

3. Plain view: If contraband (items illegal to possess, such as heroin) is in plain view (plain sight), it can be seized because there is no expectation of privacy. 4. Stop and frisk/pat-down/Terry search: If an officer has a reasonable suspicion of criminal activity, the officer can conduct a limited search for weapons to protect the officer and others from harm. The U.S. Supreme Court case that gave rise to this exception was Terry v. Ohio, where a policeman did a stop and frisk of a suspect outside of a jewelry store. 5. Hot pursuit: If in hot pursuit of a suspected criminal, the police can enter without a warrant (example: murder suspect running from police goes into the suspect’s home and shuts the door). 6. Automobile search: There is less of an expectation of privacy in a moving vehicle than in a home because vehicles can quickly leave the scene so a warrant is not required if the officer has probable cause to believe drugs or other evidence of criminal activity are in the vehicle. An officer can search the entire area that could reasonably contain the contraband. 7. Inventory search: If a vehicle is taken into possession, an officer is permitted to conduct an inventory of its contents to determine what is in it so that there is no claim later that something was taken (example: car towed because a driver had no license and when an inventory search is performed, drugs are found in the trunk). 8. Government agency/administrative searches: Certain government agencies can conduct searches without warrants (examples: school officials can search student lockers; border guards can search vehicles and people when they attempt to enter the country). 9. Exigent circumstances: Emergency situations that make it reasonable to enter without obtaining a warrant (example: police hear someone in a home scream, “Don't kill me!"). 10. Parolees and Probationers: A person on probation or parole status has a greatly reduced expectation of privacy. EXCLUSIONARY RULE What happens when an officer conducts an illegal search? In other words, what happens when the government violates your Fourth Amendment right by not obtaining a valid search warrant, before an officer searches you or your property, and no exception applies? There has been a longstanding debate about whether any contraband from an illegal search should be used as evidence against a defendant. Two U.S. Supreme Court cases that address this issue are Mapp v. Ohio (1961) and Miranda v. Arizona (1966). In Mapp, the Court ruled that the police illegally obtained evidence because the police did not have a valid search71

warrant (or a valid exception to a search warrant) when the police searched Ms. Mapp’s home and seized things (pornographic materials). The Court held that these materials must be excluded at Ms. Mapp’s trial even though it was illegal to possess the materials. The Court reasoned that excluding the evidence would deter the police from conducting improper searches even though it may result in some criminals going free. We call this the Exclusionary Rule. In other words, sometimes if an officer illegally searches you or your property, and the officer finds evidence that may link you to a crime, that evidence may be excluded at trial (or not used against you). In Miranda, the Court extended the exclusionary rule to statements obtained from suspects before they were informed of their right to not incriminate themselves ("Miranda Warnings”). In 2018, the Supreme Court decided an important search and seizure question arising out of new technology. In Carpenter v. United States, 138 S. Ct. 2206 (2018), the Court held that an individual has an expectation of privacy under the Fourth Amendment in the record of his physical movements. As a result, the Court held that the government ordinarily must obtain a search warrant, supported by probable cause, before accessing historical location information from a wireless carrier. Also in 2018, the Supreme Court decided that, while police may look closely at cars that are parked along public roads without a warrant, an officer may not go on private property to lift up a tarp covering a motorcycle to determine if it looked like the vehicle they were searching for. Collins v. Virginia, 138 S. Ct. 1663 (2018). REASONABLENESS OF EXECUTION OF SEARCH OR SEIZURE In addition to its effect on whether a search or seizure is permissible at all, the Fourth Amendment’s reasonableness requirement limits the way in which a search or seizure is conducted. (George Floyd and other excessive-force cases.) The right to make an arrest or investigatory stop has long permitted “some degree of physical coercion or threat thereof to effect it.” Graham v. Connor, 490 U.S. 386, 396 (1989) (quoting U.S. Const. amend. IV). Id. at 396 (citing Terry v. Ohio, 392 U.S. 1, 22–27 (1968)). Determining whether the force used in a seizure was “reasonable” within the meaning of the Fourth Amendment requires consideration of “the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Id. (citing Tennesee v. Garner, 471 U.S. 1, 8–9 (1985)). The inquiry is “whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.” Id. at 397 (citing Scott v. United States, 436 U.S. 128, 138 (1978)). The reasonableness of the force is judged from the perspective of a reasonable officer on the scene, “rather than with the 20/20 vision of hindsight.” Id. at 396. QUESTIONS 1. In the case of George Floyd, which factors weigh against the reasonableness of kneeling on George Floyd’s neck for 9 minutes? 2. What factors weigh in favor of the officer’s action?72

FACT PATTERN #1 (15 MINUTES) School had let out, and Ty (short for Tyrone) and Derek were walking to the bus stop to catch the bus home. Both guys were high school students. The bus stop is not on campus. As they got to the bus stop, Ty and Derek noticed that the kids had formed a circle. Everyone knew what this meant, a fight was about to pop off. As they got closer, both guys pulled out their phones to record what was happening. Many of the kids who were in the circle were doing the same thing. As usual, no one was trying to stop the fight. Before the guys could hit the record button, the fight began. (The fight was between two girls, and they were going at it.) Although the crowd was reacting to the fight, no one jumped in the melee. Ms. Nicolas, a teacher at the school, was on her way home and saw the commotion. She immediately pulled onto a side street and got out of the car. On her way to the crowd, she started yelling at the kids to stop. Several kids recognized the teacher and started yelling at the girls to stop, which they did. At the same time, and as luck would have it, a Grand Rapids patrol officer was driving by and saw the kids still in the circle formation. He knew this behavior signaled trouble. The officer did not see the fight; however, he did a U- turn, called out his position and asked for back-up. He pulled up to the bus stop to see what was going on. As he was getting out of the patrol vehicle, some of the kids were walking away. He yelled at everyone to stop and told them that they could not leave until he talked to them. Meanwhile, the kids who had their phones out, were still recording. The officer saw Ms. Nicolas and asked her what was going on. She assured him that everything was under control and that the school would handle the issue internally. Not liking that answer and seeing that at least two girls looked disheveled, (clothes were twisted and their hair was all over the place), the officer demanded to see any video that the kids had taken. None complied with the demand. The officer asked Derek if he could see his phone. Not wanting to get into trouble, Derek gave the officer his phone. However, his phone was locked. The officer asked Derek to unlock his phone, and Derek refused to unlock the phone. The officer kept Derek’s phone. Next, the officer went over to the girls and tried to talk to them. Neither of the girls would talk to him. At this point, 5 patrol cars pulled up and surrounded the kids at the bus stop. The kids recorded all of this. Interested in what was going on, more kids began to walk toward the commotion. As expected, everyone had their phones out and were recording the scene. The officers kept the new arrivals away from the scene. Despite the officer’s demands to stop recording, the kids did not comply. Now, more officers arrived at the scene and the neighbors began to come out of their houses to see what was going on. Seeing that the situation was getting out of hand and the underlying issue was a mutual fight between teenagers, the officers dispersed the crowd. DISCUSSION QUESTIONS (10 minutes) 5. Was a stop made in this scenario? If so, when and who was stopped? 6. Was the stop reasonable? If yes, why? If not, why not? 7. Was there a seizure? When did it occur and what was seized? 8. Was the seizure reasonable? DEBATE QUESTION (5 minutes) 1. Could the officer force Derek to unlock his phone? Could the officer keep Derek’s phone?73

FACT PATTERN #2 (15 MINUTES) Scenario: Maria is a 16-year-old student at Ottawa Hills High School. At the beginning of the school year, each student receives a copy of the student handbook and is told to review the same. Guns, knives and sharp objects, which could be considered weapons, are strictly prohibited, even if the object is sold for recreational purposes. (Examples are pellet guns, laser tag guns, even water guns are prohibited. In the knife category, letter openers which contain a razor, and even knitting needles are prohibited.) One day, the principal receives an anonymous tip that Maria is carrying a weapon in her purse. Her purse is in her locker, as students are not allowed to carry them to class. Without informing Maria, the principal searches her purse while she is in class and finds a small plastic multipurpose tool that Maria uses for her after-school job. The multipurpose tool is made of plastic and does not look like a regular multipurpose tool, so it was not picked up by the metal detector, nor did it catch the resource person’s attention. One of the tools had a sharp side which is able to cut open boxes and cut small twine but not sharp enough to cut a person’s skin. Maria is called to the principal’s office and disciplined for having the multipurpose tool on school property. The tool is taken in the search. DISCUSSION QUESTIONS (10 minutes) 6. Did the principal have the right to search Maria’s purse without her knowledge? 7. How does the school's interest in maintaining safety balance with Maria's Fourth Amendment rights? 8. Should the multipurpose tool be considered a weapon since it was incapable of cutting skin? 9. What steps could Maria take to challenge the search and any resulting discipline? 10. Should Maria be able to get her multipurpose tool back from the school? DEBATE QUESTION (5 minutes) 2. Did the principal have the right to seize the multipurpose tool and discipline Maria for possessing it?74

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LESSON 6: RIGHTS SEARCH AND SEIZURE (PART 2) CRIMINAL LAW PRESENTATION (WHOLE CLASS) (Led by faculty member with criminal law experience or team leader) (8 MINUTES) We are going to discuss important issues surrounding interactions with police in terms of your rights, responsibilities, and realities. Our goal is to help you to not only recognize your rights, but also to understand that the first goal is to ensure that you go home safely from any interaction. A. Rights 1. If you are under 18, you have the right to contact your parents or guardians. 2. If arrested, you have the right to remain silent and request legal representation/counsel. 3. You have the right to not consent to a search of your person or property without a court warrant. B. Responsibilities 1. It is important to remain respectful and not escalate any interaction with police. 2. Telling the truth, not obstructing justice, and being honest with the police is vital and can mitigate any potentially disagreeable interactions. 3. If you are asked, you must identify yourself to law enforcement. C. Realities 1. Everyone will have interactions with the police. 2. Some individuals are treated differently because of the systemic and historic discrimination against traditionally marginalized groups representing diverse communities. 3. Certain circumstances will bring attention to yourself, and there are consequences associated with this reality. 4. Remember, you can and should tell officers that you want to invoke your rights, but you should not get loud or argumentative. If the police violate your rights, you will have a later opportunity to challenge those violations. Don’t try to do it during the encounter. CRIMINAL LAW DISCUSSION & TAKEAWAY (WHOLE CLASS) (8 MINUTES) A. Ask questions like, “Who has had an interaction with the police?”; “Was your interaction positive or negative?”; “What made it so?” B. Please be clear with students when discussing “Realities” that, just because they have a right, they should not engage in a “back and forth” with the police, because the goal is to get home safely. SMALL GROUP DISCUSSION (20 MINUTES) (Note that the substantive information about the Fourth Amendment, below, is the same as the substantive information provided in last month’s lesson. The debate questions, however, are new. As a result, the substance of the lesson should be a review for students, which may alter your timing of various aspects of the lesson. You may be able to take more time for the debate or cover more than one fact pattern/debate topic. Feel free to adjust the lesson, as necessary.)76

THE FOURTH AMENDMENT “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.” You have the right to be free from unreasonable searches and seizures. This right also extends to places and things. In other words, the right to be free from unreasonable searches and seizures includes the property (items such as your phone, your wallet, etc.) on your body, in your house, or in your car. So, the police cannot search you or your property or take anything away from you unless it is reasonable, and the police have a search warrant or one of the many exceptions to the search warrant requirement applies (discussed later). A search is when the Government invades your expectation of privacy to obtain information for evidence of a crime. Before your right to be free from a search is violated, you must (1) believe that you have an expectation of privacy and (2) society must believe that expectation is reasonable. In other words, do you actually expect that you have privacy in a particular place, and do you think other people would consider that expectation reasonable? For example, think about your school restroom. When you go into a stall, you expect that area to be private when you’re in it, and society would also believe that expectation of privacy is reasonable. In other words, it is reasonable to believe that when you go into a bathroom stall and close the door behind you that there is an expectation of privacy. Another example: think about your trash. When you go to throw something away, you may believe that what you toss is private, but society may not believe that your expectation of privacy is reasonable. Rather, the U.S. Supreme Court ruled that your trash is now exposed to the public so there is no longer an expectation of privacy when you throw an item away and leave it on the curb for someone to come collect it. A seizure is when an officer takes by force or by show of authority. An officer seizes you if you are arrested, and an officer seizes your property if the officer takes control of your belongings. Unless an exception applies, an officer must also have a search warrant before they can legally search you or your property. The search warrant must be issued upon probable cause, supported by Oath or Affirmation, and it must particularly describe the place to be searched or people or things to be seized. Probable cause is a reasonable belief that a crime has been or is being committed and that the person, place, or thing is involved in the crime. An oath or affirmation is testimony given subject to perjury. Particularly describing means that each place, person, or thing must be provided in enough detail so that confusion is unlikely. A judge will look at the information and the facts to decide whether to issue a search warrant. EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT 1. Search incident to an arrest: An officer can search you after you have been arrested. 2. Consent search: If you voluntarily consent to a search, no warrant is needed. 3. Plain view: If contraband (items illegal to possess, such as heroin) is in plain view (plain sight), it can be seized because there is no expectation of privacy. 4. Stop and frisk/pat-down/Terry search: If an officer has a reasonable suspicion of criminal activity, the officer can conduct a limited search for weapons to protect the officer and others from harm. The U.S. Supreme Court case that gave rise to this exception was Terry v. Ohio, where a policeman did a stop and frisk of a suspect outside of a jewelry store.77

5. Hot pursuit: If in hot pursuit of a suspected criminal, the police can enter without a warrant (example: murder suspect running from police goes into the suspect’s home and shuts the door). 6. Automobile search: There is less of an expectation of privacy in a moving vehicle than in a home because vehicles can quickly leave the scene, so a warrant is not required if the officer has probable cause to believe drugs or other evidence of criminal activity are in the vehicle. An officer can search the entire area that could reasonably contain the contraband. 7. Inventory search: If a vehicle is taken into possession, an officer is permitted to conduct an inventory of its contents to determine what is in it so that there is no claim later that something was taken (example: car towed because a driver had no license and when an inventory search is performed, drugs are found in the trunk). 8. Government agency/administrative searches: Certain government agencies can conduct searches without warrants (examples: school officials can search student lockers; border guards can search vehicles and people when they attempt to enter the country). 9. Exigent circumstances: Emergency situations that make it reasonable to enter without obtaining a warrant (example: police hear someone in a home scream, “Don't kill me!"). 10. Parolees and Probationers: A person on probation or parole status has a greatly reduced expectation of privacy. EXCLUSIONARY RULE What happens when an officer conducts an illegal search? In other words, what happens when the government violates your Fourth Amendment right by not obtaining a valid search warrant before officer searches you or your property, and no exception applies? There has been a longstanding debate about whether any contraband from an illegal search should be used as evidence against a defendant. Two U.S. Supreme Court cases that address this issue are Mapp v. Ohio (1961) and Miranda v. Arizona (1966). In Mapp, the Court ruled that the police illegally obtained evidence because the police did not have a valid search warrant (or a valid exception to a search warrant) when the police searched Ms. Mapp’s home and seized things (pornographic materials). The Court held that these materials must be excluded at Ms. Mapp’s trial even though it was illegal to possess the materials. The Court reasoned that excluding the evidence would deter the police from conducting improper searches even though it may result in some criminals going free. We call this the Exclusionary Rule. In other words, sometimes if an officer illegally searches you or your property, and the officer finds evidence that may link you to a crime, that evidence may be excluded at trial (or not used against you). In Miranda, the Court extended the exclusionary rule to statements obtained from suspects before they were informed of their right to not incriminate themselves ("Miranda Warnings”). REASONABLENESS OF EXECUTION OF SEARCH OR SEIZURE In addition to its effect on whether a search or seizure is proper, the Fourth Amendment’s reasonableness requirement limits the way in which a search or seizure is conducted. (George Floyd and other excessive-force cases)78

The right to make an arrest or investigatory stop has long permitted “some degree of physical coercion or threat thereof to effect it.” Graham v. Connor, 490 U.S. 386, 396 (1989) (quoting U.S. Const. amend. IV). Id. at 396 (citing Terry v. Ohio, 392 U.S. 1, 22–27 (1968)). Determining whether the force used in a seizure was “reasonable” within the meaning of the Fourth Amendment requires consideration of “the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Id. (citing Tennesee v. Garner, 471 U.S. 1, 8–9 (1985)). The inquiry is “whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.” Id. at 397 (citing Scott v. United States, 436 U.S. 128, 138 (1978)). The reasonableness of the force is judged from the perspective of a reasonable officer on the scene, “rather than with the 20/20 vision of hindsight.” Id. at 396.79

FACT PATTERN #1 (15 MINUTES TOTAL) Natasha had great news: Michigan State University offered her a full ride scholarship to play basketball, and she accepted their offer. Natasha was extremely excited. Natasha told Sam that she wanted to celebrate. Sam agreed so Natasha picked Sam up. Sam grabbed his backpack as he ran out of the house. He jumped into Natasha’s car and said, “I got some wine to celebrate. Let’s go drink it.” They sat at a park in Natasha’s car, drank the wine, and talked about their futures. Natasha said she felt a little “buzzed” from the wine. So, Sam drove home because he thought that he felt “just fine.” But the roads were snow covered and slippery. When Sam turned a corner, Natasha’s car fishtailed. Fortunately, no one got hurt, but Sam looked into the rearview mirror and saw the flashing lights of a police car and heard the siren. Sam and Natasha could not believe what was happening. Sam pulled over. A police officer knocked on the window and asked Sam for his driver’s license and proof of insurance. Sam gave the officer his license and told the officer that it wasn’t his car but Natasha’s car. Natasha gave the officer her proof of insurance and registration. The officer asked Sam and Natasha if they had been drinking. They both quickly said “no.” The officer couldn’t see the empty wine bottle. The officer stated that he would be right back. When the officer went back to his car, Sam and Natasha grabbed some gum, hoping that the officer would not smell alcohol on their breath. When the officer returned, he asked Sam if he knew why he was pulled over. Sam stated that he thought it was because he spun out as he was turning. The officer nodded and told Sam to be careful. The officer was about to let them go, but then he saw the empty wine bottle on the floor of the car. Natasha’s heart sank. The officer ordered Sam and Natasha out of the car, and then he searched the car. He found the empty wine bottle, two paper cups, and Sam’s backpack. The officer again asked Sam and Natasha if they had been drinking. They confessed that they drank some wine to celebrate Natasha’s decision to play basketball at MSU. In response, the officer stated that he graduated from MSU and played on the men’s basketball team. Sam and Natasha pleaded with the officer to not arrest them. After some consideration, the officer was about to let them go, but then he saw a bag of marijuana that was sticking out of Sam’s backpack. So, the officer arrested Sam and Natasha. Sam explained that he had never used marijuana and had no idea where it came from. Both Sam and Natasha took urine and blood tests. The tests showed that neither one of them had any marijuana in their system, but they both had illegal blood alcohol levels. Sam and Natasha were charged with possession of a controlled substance (marijuana); minor in possession of alcohol; and operating a motor vehicle with an unlawful blood alcohol level (drunk driving). Sam and Natasha hired an attorney and claimed that the officer’s search violated their Fourth Amendment rights because the officer did not have a search warrant for the car or for the backpack. DISCUSSION QUESTIONS (10 MINUTES) 1. Was the officer’s action in pulling over Sam and Natasha and searching their vehicle a violation of their Fourth Amendment rights? 2. What if Sam and Natasha had not been drinking alcohol that evening but were pulled over because of Sam’s driving. Could the officer search their vehicle and Sam’s backpack?80

3. What if Sam and Natasha had not been drinking that evening but were pulled over for Sam’s driving and the officer saw a plastic bag sticking out of a pocket in Sam’s backpack but did not actually see marijuana. Could the officer search the vehicle and Sam’s backpack? 4. What if Sam and Natasha had been arrested for drunk driving and the police took Natasha’s car into custody without finding any marijuana in Sam’s backpack but found marijuana in the glove box after towing the car to the impound lot. Could they charge Sam and/or Natasha with possession of marijuana? Would the evidence be admissible against them? DEBATE QUESTION (5 MINUTES) 1. Was the officer’s action in searching Sam’s backpack a violation of their Fourth Amendment rights? FACT PATTERN #2 (15 minutes total) Detective Sam received an anonymous tip that a woman named Natasha, who turned out to be his friend from high school, was selling high-quality drugs out of her apartment at 1002 Smith Street, Apartment A. The landlord told Sam that Natasha had rented that apartment. Detective Sam arrived with his K-9 partner, McGruff, who was a certified drug detection dog. He opened the door to the apartment building, which was unlocked. Based on the information he received from the tip, he commanded McGruff to sniff all the doors in the hallway. McGruff gave a positive alert to the door of Apartment A, but did not alert on doors to Apartment B, C, or D. Detective Sam repeated the test with McGruff, but the results were the same. Detective Sam requested and received a search warrant based on the anonymous tip and the test. When Natasha came home the next day, Detective Sam knocked on the door. He asked Natasha if he could search her apartment, and she said no. He then showed her the warrant and proceeded to search. He found a large box with about a hundred bags of drugs in inside. He looked at Natasha and said, “You’re under arrest!” and placed handcuffs on her. Sam was so excited to make his first big arrest, he said to her, “If you just tell me your side of the story, I’ll try to make it easy on you.” Natasha, remembering that she and Sam were high school friends, wanted to take advantage of this offer. She told him everything. Just before trial, Natasha’s lawyer filed a motion to suppress the drugs on the grounds that the sniff by the dog was an unlawful search. He also filed a motion to suppress any statements Natasha made to Sam. DISCUSSION QUESTIONS (10 minutes) 1. Should Natasha’s statements be used against her or suppressed? Why or why not? 2. Was the warrant to search Natasha’s apartment valid? Why or why not? 3. What will happen to the evidence if it gets suppressed? What does that mean for Natasha? DEBATE QUESTION (5 minutes) 1. Should the Judge grant Natasha’s motion to suppress the drugs? Why or why not?81

LESSON 6: STUDENT WORK SHEET CRIMINAL LAW PRESENTATION We are going to discuss important issues surrounding interactions with police in terms of your rights, responsibilities, and realities. Our goal is to help you to not only recognize your rights, but also to understand that the first goal is to ensure that you go home safely from any interaction. D. Rights 1. If you are under 18, you have the right to contact your parents or guardians. 2. If arrested, you have the right to remain silent and request legal representation/counsel. 3. You have the right to not consent to a search of your person or property without a court warrant. E. Responsibilities 1. It is important to remain respectful and not escalate any interaction with police. 2. Telling the truth, not obstructing justice, and being honest with the police is vital and can mitigate any potentially disagreeable interactions. 3. If you are asked, you must identify yourself to law enforcement. F. Realities 1. Everyone will have interactions with the police. 2. Some individuals are treated differently because of the systemic and historic discrimination against traditionally marginalized groups representing diverse communities. 3. Certain circumstances will bring attention to yourself, and there are consequences associated with this reality. 4. Remember, you can and should tell officers that you want to invoke your rights, but you should not get loud or argumentative. If the police violate your rights, you will have a later opportunity to challenge those violations. Don’t try to do it during the encounter.82

THE FOURTH AMENDMENT “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.” You have the right to be free from unreasonable searches and seizures. This right also extends to places and things. In other words, the right to be free from unreasonable searches and seizures includes the property (items such as your phone, your wallet, etc.) on your body, in your house, or in your car. So, the police cannot search you or your property or take anything away from you unless it is reasonable, and the police have a search warrant or one of the many exceptions to the search warrant requirement applies (discussed later). A search is when the Government invades your expectation of privacy to obtain information for evidence of a crime. Before your right to be free from a search is violated, you must (1) believe that you have an expectation of privacy and (2) society must believe that expectation is reasonable. In other words, do you actually expect that you have privacy in a particular place, and do you think other people would consider that expectation reasonable? For example, think about your school restroom. When you go into a stall, you expect that area to be private when you’re in it, and society would also believe that expectation of privacy is reasonable. In other words, it is reasonable to believe that when you go into a bathroom stall and close the door behind you that there is an expectation of privacy.83

Another example: think about your trash. When you go to throw something away, you may believe that what you toss is private, but society may not believe that your expectation of privacy is reasonable. Rather, the U.S. Supreme Court ruled that your trash is now exposed to the public so there is no longer an expectation of privacy when you throw an item away and leave it on the curb for someone to come collect it. A seizure is when an officer takes by force or by show of authority. An officer seizes you if you are arrested, and an officer seizes your property if the officer takes control of your belongings. Unless an exception applies, an officer must also have a search warrant before they can legally search you or your property. The search warrant must be issued upon probable cause, supported by Oath or Affirmation, and it must particularly describe the place to be searched or people or things to be seized. Probable cause is a reasonable belief that a crime has been or is being committed and that the person, place, or thing is involved in the crime. An oath or affirmation is testimony given subject to perjury. Particularly describing means that each place, person, or thing must be provided in enough detail so that confusion is unlikely. A judge will look at the information and the facts to decide whether to issue a search warrant. EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT 1. Search incident to an arrest: An officer can search you after you have been arrested. 2. Consent search: If you voluntarily consent to a search, no warrant is needed. 3. Plain view: If contraband (items illegal to possess, such as heroin) is in plain view (plain sight), it can be seized because there is no expectation of privacy. 4. Stop and frisk/pat-down/Terry search: If an officer has a reasonable suspicion of criminal activity, the officer can conduct a limited search for weapons to protect the officer and others from harm. The U.S. Supreme Court case that gave rise to this exception was Terry v. Ohio, where a policeman did a stop and frisk of a suspect outside of a jewelry store. 5. Hot pursuit: If in hot pursuit of a suspected criminal, the police can enter without a warrant (example: murder suspect running from police goes into the suspect’s home and shuts the door). 6. Automobile search: There is less of an expectation of privacy in a moving vehicle than in a home because vehicles can quickly leave the scene, so a warrant is not required if the officer has probable cause to believe drugs or other evidence of criminal activity are in the vehicle. An officer can search the entire area that could reasonably contain the contraband. 7. Inventory search: If a vehicle is taken into possession, an officer is permitted to conduct an inventory of its contents to determine what is in it so that there is no claim later that something was taken (example: car towed because a driver had no license and when an inventory search is performed, drugs are found in the trunk). 8. Government agency/administrative searches: Certain government agencies can conduct searches without warrants (examples: school officials can search student lockers; border guards can search vehicles and people when they attempt to enter the country). 9. Exigent circumstances: Emergency situations that make it reasonable to enter without obtaining a warrant (example: police hear someone in a home scream, “Don't kill me!"). 10. Parolees and Probationers: A person on probation or parole status has a greatly reduced expectation of privacy.84

EXCLUSIONARY RULE What happens when an officer conducts an illegal search? In other words, what happens when the government violates your Fourth Amendment right by not obtaining a valid search warrant before officer searches you or your property, and no exception applies? There has been a longstanding debate about whether any contraband from an illegal search should be used as evidence against a defendant. Two U.S. Supreme Court cases that address this issue are Mapp v. Ohio (1961) and Miranda v. Arizona (1966). In Mapp, the Court ruled that the police illegally obtained evidence because the police did not have a valid search warrant (or a valid exception to a search warrant) when the police searched Ms. Mapp’s home and seized things (pornographic materials). The Court held that these materials must be excluded at Ms. Mapp’s trial even though it was illegal to possess the materials. The Court reasoned that excluding the evidence would deter the police from conducting improper searches even though it may result in some criminals going free. We call this the Exclusionary Rule. In other words, sometimes if an officer illegally searches you or your property, and the officer finds evidence that may link you to a crime, that evidence may be excluded at trial (or not used against you). In Miranda, the Court extended the exclusionary rule to statements obtained from suspects before they were informed of their right to not incriminate themselves ("Miranda Warnings”). REASONABLENESS OF EXECUTION OF SEARCH OR SEIZURE In addition to its effect on whether a search or seizure is proper, the Fourth Amendment’s reasonableness requirement limits the way in which a search or seizure is conducted. (George Floyd and other excessive-force cases) The right to make an arrest or investigatory stop has long permitted “some degree of physical coercion or threat thereof to effect it.” Graham v. Connor, 490 U.S. 386, 396 (1989) (quoting U.S. Const. amend. IV). Id. at 396 (citing Terry v. Ohio, 392 U.S. 1, 22–27 (1968)). Determining whether the force used in a seizure was “reasonable” within the meaning of the Fourth Amendment requires consideration of “the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Id. (citing Tennesee v. Garner, 471 U.S. 1, 8–9 (1985)). The inquiry is “whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.” Id. at 397 (citing Scott v. United States, 436 U.S. 128, 138 (1978)). The reasonableness of the force is judged from the perspective of a reasonable officer on the scene, “rather than with the 20/20 vision of hindsight.” Id. at 396.85

FACT PATTERN #1 (15 MINUTES TOTAL) Natasha had great news: Michigan State University offered her a full ride scholarship to play basketball, and she accepted their offer. Natasha was extremely excited. Natasha told Sam that she wanted to celebrate. Sam agreed so Natasha picked Sam up. Sam grabbed his backpack as he ran out of the house. He jumped into Natasha’s car and said, “I got some wine to celebrate. Let’s go drink it.” They sat at a park in Natasha’s car, drank the wine, and talked about their futures. Natasha said she felt a little “buzzed” from the wine. So, Sam drove home because he thought that he felt “just fine.” But the roads were snow covered and slippery. When Sam turned a corner, Natasha’s car fishtailed. Fortunately, no one got hurt, but Sam looked into the rearview mirror and saw the flashing lights of a police car and heard the siren. Sam and Natasha could not believe what was happening. Sam pulled over. A police officer knocked on the window and asked Sam for his driver’s license and proof of insurance. Sam gave the officer his license and told the officer that it wasn’t his car but Natasha’s car. Natasha gave the officer her proof of insurance and registration. The officer asked Sam and Natasha if they had been drinking. They both quickly said “no.” The officer couldn’t see the empty wine bottle. The officer stated that he would be right back. When the officer went back to his car, Sam and Natasha grabbed some gum, hoping that the officer would not smell alcohol on their breath. When the officer returned, he asked Sam if he knew why he was pulled over. Sam stated that he thought it was because he spun out as he was turning. The officer nodded and told Sam to be careful. The officer was about to let them go, but then he saw the empty wine bottle on the floor of the car. Natasha’s heart sank. The officer ordered Sam and Natasha out of the car, and then he searched the car. He found the empty wine bottle, two paper cups, and Sam’s backpack. The officer again asked Sam and Natasha if they had been drinking. They confessed that they drank some wine to celebrate Natasha’s decision to play basketball at MSU. In response, the officer stated that he graduated from MSU and played on the men’s basketball team. Sam and Natasha pleaded with the officer to not arrest them. After some consideration, the officer was about to let them go, but then he saw a bag of marijuana that was sticking out of Sam’s backpack. So, the officer arrested Sam and Natasha. Sam explained that he had never used marijuana and had no idea where it came from. Both Sam and Natasha took urine and blood tests. The tests showed that neither one of them had any marijuana in their system, but they both had illegal blood alcohol levels. Sam and Natasha were charged with possession of a controlled substance (marijuana); minor in possession of alcohol; and operating a motor vehicle with an unlawful blood alcohol level (drunk driving). Sam and Natasha hired an attorney and claimed that the officer’s search violated their Fourth Amendment rights because the officer did not have a search warrant for the car or for the backpack. DISCUSSION QUESTIONS (10 MINUTES) 1. Was the officer’s action in pulling over Sam and Natasha and searching their vehicle a violation of their Fourth Amendment rights? 2. What if Sam and Natasha had not been drinking alcohol that evening but were pulled over because of Sam’s driving. Could the officer search their vehicle and Sam’s backpack?86

3. What if Sam and Natasha had not been drinking that evening but were pulled over for Sam’s driving and the officer saw a plastic bag sticking out of a pocket in Sam’s backpack but did not actually see marijuana. Could the officer search the vehicle and Sam’s backpack? 4. What if Sam and Natasha had been arrested for drunk driving and the police took Natasha’s car into custody without finding any marijuana in Sam’s backpack but found marijuana in the glove box after towing the car to the impound lot. Could they charge Sam and/or Natasha with possession of marijuana? Would the evidence be admissible against them? DEBATE QUESTION (5 MINUTES) 1. Was the officer’s action in searching Sam’s backpack a violation of their Fourth Amendment rights? FACT PATTERN #2 (15 minutes total) Detective Sam received an anonymous tip that a woman named Natasha, who turned out to be his friend from high school, was selling high-quality drugs out of her apartment at 1002 Smith Street, Apartment A. The landlord told Sam that Natasha had rented that apartment. Detective Sam arrived with his K-9 partner, McGruff, who was a certified drug detection dog. He opened the door to the apartment building, which was unlocked. Based on the information he received from the tip, he commanded McGruff to sniff all the doors in the hallway. McGruff gave a positive alert to the door of Apartment A, but did not alert on doors to Apartment B, C, or D. Detective Sam repeated the test with McGruff, but the results were the same. Detective Sam requested and received a search warrant based on the anonymous tip and the test. When Natasha came home the next day, Detective Sam knocked on the door. He asked Natasha if he could search her apartment, and she said no. He then showed her the warrant and proceeded to search. He found a large box with about a hundred bags of drugs in inside. He looked at Natasha and said, “You’re under arrest!” and placed handcuffs on her. Sam was so excited to make his first big arrest, he said to her, “If you just tell me your side of the story, I’ll try to make it easy on you.” Natasha, remembering that she and Sam were high school friends, wanted to take advantage of this offer. She told him everything. Just before trial, Natasha’s lawyer filed a motion to suppress the drugs on the grounds that the sniff by the dog was an unlawful search. He also filed a motion to suppress any statements Natasha made to Sam. DISCUSSION QUESTIONS (10 minutes) 4. Should Natasha’s statements be used against her or suppressed? Why or why not? 5. Was the warrant to search Natasha’s apartment valid? Why or why not? 6. What will happen to the evidence if it gets suppressed? What does that mean for Natasha? DEBATE QUESTION (5 minutes) 2. Should the Judge grant Natasha’s motion to suppress the drugs? Why or why not?87

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LESSON 7: DEBATE PREP Instructions for Students Debating in Lesson 8 One faculty team advisor from each hour takes student debaters aside to (1) review how to debate; review the Fourth Amendment and exceptions; (3) read the fact pattern and debate Question 2; and (4) help students prepare arguments and rebuttal on Question 2 for the debate to be held in Lesson 8. LESSON 7: DEBATE PREP - Instructions for Students NOT Debating in Lesson 8 1. INTRODUCTION BY FACULTY TEAM LEADER (5 MINUTES) • Reminder about “How To Debate” from Lesson 2: what a debate is, what it involves, what today’s lesson is, and what to expect from today’s in-class debate. (Refer to Attachment 1: “How to Debate” and Attachment 2: Debate Scoring Sheet) • Assignment: faculty team leader will assign a Pro (valid search) or Con (not a valid search) side to each small group and announce what time the Lesson 7 debate will start. 2. SMALL GROUPS (20 MINUTES) • Review: discuss the 4th Amendment and the exceptions. (See Faculty Attachment 3). • Read the Fact Pattern: small group leader or student can read aloud or have students read silently to themselves. (See Faculty Attachment 4). • Discuss Question 1: small group leader will help students think of reasons why it was (pro) or was not (con) a valid search (may want to write down). (See Faculty Attachment 5 for some arguments that may help you coach students). • Volunteer: each small group leader will encourage one student from his/her group to represent their side for the in-class debate. 3. LARGER GROUP – DEBATE PREP (10 MINUTES) • Some small group leaders will help the student volunteers organize their arguments (selecting their best reasons and preparing responses to the other side). • Other small group leaders will reiterate to the remaining students how we evaluate a debate: (1) did you understand the argument that the presenter made, (2) did the presenter sound confident, and (3) did the presenter persuade you into agreeing with him/her. Small group leaders can explain that we will use a score sheet for the final debate (can also show them the score sheet), but that we will not use it today. (See Attachments 1 & 2.) 4. CLASSROOM DEBATE (15 MINUTES) • Opening Remarks: Faculty Team Leader will ensure that both sides are ready and decide which team will advocate first, then make brief opening remarks about the debate. • Debate: Students will advocate for their side. Five minutes for each side. Three minutes for rebuttal. Faculty Team Leader or small group leader to keep time. • Closing Remarks: Team lead and faculty members will provide positive closing feedback about the students’ performance.89

5. FAREWELLS (2 MINUTES) • Small group leaders to say farewell to students if they do not intend to see them at the final debate.90

LESSONS 7 & 8 Attachment 1: “HOW TO DEBATE” What is Debating? A debate is a structured argument. Two sides speak alternately for and against a particular contention usually based on a topical issue. Unlike the arguments you might have with your family or friends, however, each person is allocated a time they are allowed to speak for, and any interjections are carefully controlled. The subject of the dispute is often prearranged so you may find yourself having to support opinions with which you do not normally agree. You also have to argue as part of a team, being careful not to contradict what others on your side have said. Why debate? It is an excellent way of improving speaking skills and is particularly helpful in providing experience in developing a convincing argument. Those of you who are forced to argue against your natural point of view realize that arguments, like coins, always have at least two sides. The Basic Debating Skills Style Style is the manner in which you communicate your arguments. This is the most basic part of debating to master. Content and strategy are worth little unless you deliver your material in a confident and persuasive way. Speed It is vital to talk at a pace which is fast enough to sound intelligent and allow you time to say what you want, but slow enough to be easily understood. Tone Varying tone is what makes you sound interesting. Listening to one tone for an entire presentation is boring. Volume Speaking quite loudly is sometimes a necessity, but it is by no means necessary to shout through every debate regardless of context. There is absolutely no need speak any more loudly than the volume at which everyone in the room can comfortably hear you. Shouting does not win debates. Speaking too quietly is clearly disastrous since no one will be able to hear you. Clarity The ability to concisely and clearly express complex issues is what debating is all about. The main reason people begin to sound unclear is usually because they lose the "stream of thought" which is keeping them going. It is also important to keep it simple. While long words may make you sound clever, they may also make you incomprehensible.91

Use of notes and eye contact Notes are essential, but they must be brief and well organized to be effective. There is absolutely no point in trying to speak without notes. Of course, notes should never become obtrusive and damage your contact with the audience, nor should they ever be read from verbatim. Most people sketch out the main headings of their speech, with brief notes under each. When writing notes for rebuttal during the debate, it is usually better to use a separate sheet of paper so you can take down the details of what the other speakers have said and then transfer a rough outline onto the notes you will actually be using. Eye contact with the audience is very important but keep shifting your gaze. No one likes to be stared at. Content Content is what you actually say in the debate. The arguments used to develop your own side's case and rebut the opposite side's. The information on content provided below is a general overview of what will be expected when you debate. The final logistics of how long you will be debating, how many people will be in your group, and how the debate will unfold (i.e., which team speaks first, etc.), will all be decided by your tutorial leader. Case (argument) - the whole Introduction - The case your group is making must be outlined in the introduction. This involves stating your main arguments and explaining the general thrust of your case. This must be done briefly since the most important thing is to get on and actually argue it. It is also a good idea to indicate the aspects of the subject to be discussed by each of the team members. Conclusion - At the end, once everyone has spoken, it is useful to briefly summarize what your group has said and why. Case (argument) - the parts Having outlined the whole of your argument, you must then begin to build a case (the parts). The best way to do this is to divide your case into between two and four arguments (or divide your case based on the number of people in your group). You must justify your arguments with basic logic, worked examples, statistics, and quotes. Debating is all about the strategy of "proof." Proof, or evidence, supporting your assertion is what makes it an argument. There are a number of ways of dividing up cases according to groups of arguments (e.g., political/economic/social or moral/practical or international/regional etc.) or just according to individual arguments if you can't group any together. Under each of these basic headings you should then explain the reasoning behind the argument and justify it using the methods outlined above. It is usually best to put the most important arguments first. Here is an example of a case outline: "The media exert more influence over what people think than the government does. This is true for three reasons. Firstly, most people base their votes on what they see and hear in the media. Secondly, the media can set the political agenda between elections by deciding what issues to report and in how much detail. Thirdly, the media have successfully demonized politicians over the last ten years so that now people are more likely to believe journalists than politicians." All of the arguments in this case outline are debatable (almost immediately you can see the counter-arguments), but they give the case a wide range which covers all kinds of issues, the trick is not to come up with a watertight case, but a well-argued one. Think: "Can I argue that?"92

Rebuttal - the parts Arguments can be factually, morally or logically flawed. They may be misinterpretations, or they may also be unimportant or irrelevant. A team may also contradict one another or fail to complete the tasks they set themselves. These are the basics of rebuttal and almost every argument can be found wanting in at least one of these respects. Here are a few examples: 7. "Compulsory euthanasia at age 70 would save the country money in pensions and healthcare." This is true but is morally flawed. 8. "Banning cigarette product placement in films will cause more young people to smoke because it will make smoking more mysterious and taboo." This is logically flawed; the ban would be more likely to stop the steady stream of images which make smoking seem attractive and glamorous and actually reduce the number of young people smoking. 9. "My partner will then look at the economic issues... “Blah… blah… blah... (5 minutes later and still no mention of the economic issues)." This is a clear failure to explain a major part of the case and attention should be drawn to it. Even better is when a speaker starts with, “to win this debate there are three things I must do............................................. " If the speaker fails to do any of those things you can then hang her or him by the noose by repeating their exact words - by his or her own admission he or she cannot have won, the debate. Rebuttal - the whole: It is very important to have a good perspective of the debate and to identify what the key arguments are. It isn't enough to rebut a few random arguments here and there. Of course, the techniques used above are invaluable, but they must be used appropriately. There are a number of things you should do to systematically break down a team's case: 9. Ask yourself how the other side have approached the case. Is their methodology flawed? 10. Consider what tasks the other side set themselves (if any) and whether they have in fact addressed these. 11. Consider what the general emphasis of the case is and what assumptions it makes. Try to refute these. 12. Take the main arguments and do the same thing. It is not worth repeating a point of rebuttal that has been used by someone else already, but you can refer to it to show that the argument has not stood up. It is not necessary to correct every example used. You won't have time and your aim is to show the other side's case to be flawed in the key areas. Sources The information included in the document "How to Debate" was adapted from: Kidd, A. (2002). The oxford union rough guide to debating. The English-Speaking Union. Retrieved August 26, 2002 from the World Wide Web: http:/jwww.britishdebate.com/.resources/hb oxfordquide.html.93

LESSONS 7 & 8 –Attachment 2 DEBATE SCORE SHEET TEAM A Criteria 3 2 1 Score Organization: Did the argument make sense? Yes. The argument made complete sense. Sometimes. The argument made sense only half of the time. No. The argument did not make sense. Argument: How much did the debater persuade you? I am completely persuaded by this debater. I am a little persuaded. I am not at all persuaded. Presentation: Did the debater sound confident? The presenter sounded very confident. The presenter sounded confident, but seemed unsure at times. The presenter sounded very unsure and unprepared. Total: TEAM B Criteria 3 2 1 Score Organization: Did the argument make sense? Yes. The argument made sense. Sometimes. The argument made sense only half of the time. No. The argument did not make sense. Argument: How much did the debater persuade you? I am completely persuaded by this debater. I am a little persuaded. I am not at all persuaded. Presentation: Did the debater sound confident? The presenter sounded very confident. The presenter sounded confident, but unsure at times. The presenter sounded very unsure and unprepared.94

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LESSONS 7 & 8 – Attachment 3 SEARCH AND SEIZURE INTRODUCTION TO LESSON (2 MINUTES) Today we are going to talk about one of the most interesting and controversial areas of the law—the right to be free from unreasonable searches and seizures as guaranteed by the Fourth Amendment to the U.S. Constitution. SMALL GROUP DISCUSSION (25 MINUTES) THE FOURTH AMENDMENT “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 an oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.” [Have a student read this.] You have the right to be free from unreasonable searches and seizures. This right also extends to places and things. In other words, the right to be free from unreasonable searches and seizures includes the property (items such as your phone, your wallet, etc.) on your body, in your house, or in your car. So the police cannot search you or your property or take anything away from you unless it is reasonable, and the police have a search warrant or one of the many exceptions to the search warrant requirement applies (discussed later). A search is when the Government invades your expectation of privacy to obtain information for evidence of a crime. Before your right to be free from a search is violated, you must (1) believe that you have an expectation of privacy and (2) society must believe that expectation is reasonable. In other words, do you actually expect that you have privacy in a particular place, and do you think other people would consider that expectation reasonable? For example, think about your school restroom. When you go into a stall, you expect that area to be private when you’re in it, and society would also believe that expectation of privacy is reasonable. In other words, it is reasonable to believe that when you go into a bathroom stall and close the door behind you that there is an expectation of privacy. Another example: think about your trash. When you go to throw something away, you may believe that what you toss is private, but society may not believe that your expectation of privacy is reasonable. Rather, the U.S. Supreme Court ruled that your trash is now exposed to the public so there is no longer an expectation of privacy when you throw an item away and leave it on the curb for someone to come collect it. A seizure is when an officer takes by force or by show of authority. An officer seizes you if you are arrested, and an officer seizes your property if the officer takes away your belongings. Unless an exception applies, an officer must also have a search warrant before they can legally search you or your property. The search warrant must be issued upon probable cause, supported by Oath or Affirmation, and it must particularly describe the place to be searched or people or things to be seized.96

Probable cause is a reasonable belief that a crime has been or is being committed and that the person, place, or thing is involved in the crime. An oath or affirmation is testimony given subject to perjury. Particularly describing means that each place, person, or thing must be provided in enough detail so that confusion is unlikely. A judge will look at the information and the facts to decide whether to issue a search warrant. EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT 1. Search incident to an arrest: An officer can search you after you have been arrested. 2. Consent search: If you voluntarily consent to a search, no warrant is needed. 3. Plain view: If contraband (items illegal to possess, such as heroin) is in plain view (plain sight), it can be seized because there is no expectation of privacy. 4. Stop and frisk/pat-down/Terry search: If an officer has a reasonable suspicion of criminal activity, the officer can conduct a limited search for weapons to protect the officer and others from harm. The U.S. Supreme Court case that gave rise to this exception was Terry v. Ohio, where a policeman did a stop and frisk of a suspect outside of a jewelry store. 5. Hot pursuit: If in hot pursuit of a suspected criminal, the police can enter without a warrant (example: murder suspect running from police goes into the suspect’s home and shuts the door). 6. Automobile search: There is less of an expectation of privacy in a moving vehicle than in a home because vehicles can quickly leave the scene so a warrant is not required if the officer has probable cause to believe drugs or other evidence of criminal activity are in the vehicle. An officer can search the entire area that could reasonably contain the contraband. 7. Inventory search: If a vehicle is taken into possession, an officer is permitted to conduct an inventory of its contents to determine what is in it so that there is no claim later that something was taken (example: car towed because a driver had no license and when an inventory search is performed, drugs are found in the trunk). 8. Government agency/administrative searches: Certain government agencies can conduct searches without warrants (examples: school officials can search student lockers; border guards can search vehicles and people when they attempt to enter the country). 9. Exigent circumstances: Emergency situations that make it reasonable to enter without obtaining a warrant (example: police hear someone in a home scream, “Don't kill me!"). 10. Parolees and Probationers: A person on probation or parole status has a greatly reduced expectation of privacy.97

EXCLUSIONARY RULE What happens when an officer conducts an illegal search? In other words, what happens when the government violates your Fourth amendment right by not obtaining a valid search warrant, before an officer searches you or your property, and no exception applies? There has been a longstanding debate about whether any contraband from an illegal search should be used as evidence against a defendant. Two U.S. Supreme Court cases that address this issue are Mapp v. Ohio (1961) and Miranda v. Arizona (1966). In Mapp, the Court ruled that the police illegally obtained evidence because the police did not have a valid search warrant (or a valid exception to a search warrant) when the police searched Ms. Mapp’s home and seized things (pornographic materials). The Court held that these materials must be excluded at Ms. Mapp’s trial even though it was illegal to possess the materials. The Court reasoned that excluding the evidence would deter the police from conducting improper searches even though it may result in some criminals going free. We call this the Exclusionary Rule. In other words, sometimes if an officer illegally searches you or your property, and the officer finds evidence that may link you to a crime, that evidence may be excluded at trial (or not used against you). In Miranda, the Court extended the exclusionary rule to statements obtained from suspects before they were informed of their right to not incriminate themselves ("Miranda Warnings”).98

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LESSONS 7 & 8 – Attachment 4 3RS FACT PATTERN/CASE STUDY It was a beautiful Sunday afternoon in June. Sam and Natasha had graduated from high school and decided to go to the park to play Frisbee golf. While playing Frisbee golf, Sam saw his friend, Jim, from his old neighborhood. It looked like Jim and his family were having a barbeque. Sam introduced Natasha to Jim and his parents, who were drinking beer out of a red Solo cup and enjoying the sunny afternoon. Jim offered Sam and Natasha a glass of beer from the keg that was covered with a heavy green tarp. Both Sam and Natasha took a glass of beer and started socializing with Jim’s friends and family members. Jim also introduced Sam and Natasha to his girlfriend, Yvonne, and asked if they wanted to go for a drive in his new red Mustang convertible that his grandmother gave him as a graduation present. They all agreed. Sam and Natasha sat in the backseat of the red Mustang, and Jim drove with Yvonne in the front passenger seat. They left the park and headed down Fulton Street when a police car pulled behind them and activated its flashers. Jim knew he was not speeding and couldn’t imagine why he was being pulled over. Two police officers got out of the police car and approached Jim’s car with their weapons drawn and ordered everyone to get out of the car. The police explained they were looking for two men in a red convertible Mustang who robbed a gas station. The police thought Jim’s car may be fleeing from the scene of the crime. Jim said he knew nothing about the robbery and explained that he was taking his friends for a ride in his new car. The police could tell that Jim, Yvonne, Sam and Natasha were not suspects in the bank robbery and were about to walk back to their police car when one of the officers saw a red Solo cup in the backseat. The police officer immediately asked what was in the red cup. In response, Natasha said it was empty. The cup was, in fact, empty. The police officer picked up the cup without asking permission to do so, and smelled it. There was a distinct odor of beer. The police asked them if they had been drinking. Jim said that they each had one glass of beer at a family picnic in the park. The police immediately arrested all four of them for underage drinking and demanded to search Jim’s car. Jim refused to let the police search his car. The police said they had probable cause to believe they were engaged in criminal activity and started to search the backseat. Under the backseat the police found a bag of marijuana. Jim explained that he never used marijuana and had no idea where it came from. All four of them were arrested for possession of marijuana. At the police station, all four of them took blood and urine tests which showed that none of them had any marijuana in their system, but they all had illegal blood alcohol levels. Sam, Natasha, Jim and Yvonne were all charged with possession of a controlled substance (marijuana); and minor in possession of alcohol. Additionally, Jim was charged with operating a motor vehicle with an unlawful blood alcohol level (drunk driving). They all hired the same attorney and claimed that the officer’s search violated their Fourth Amendment Rights because the officer did not have probable cause to pull them over or search the car. Discussion Questions: 1. Could the officer properly search (and smell) the red Solo cup in the back seat of Jim’s vehicle without violating the Fourth Amendment? (FOR LESSON 7 ONLY) 2. Was the officer’s action in searching the backseat of Jim’s car proper under the Fourth Amendment? (FOR LESSON 8 AND STUDENTS PREPPING FOR LESSON 8)100

LESSONS 7 & 8 – Attachment 5 DEBATE QUESTIONS PROS AND CONS (FOR FACULTY ONLY) 1. Could the officer properly search (and smell) the red Solo cup in the back seat of Jim’s vehicle without violating the Fourth Amendment? A. Yes 1. The cup was in plain view and it was the type of cup used to drink from a keg of beer. It therefore falls within the plain-view exception to the Fourth Amendment. 2. Because the car was a convertible, it was not reasonable for the occupants to believe they had any privacy in the clearly visible items; the expectation of privacy is less than the young people would have had if they occupied a closed vehicle. Just as, under the automobile exception, an individual has less of an expectation of privacy in a car than in a home, an individual has less expectation of privacy in a convertible than in a closed vehicle. 3. Because the officer could see the suspicious cup, he had probable cause to believe that the cup was used to contain an alcoholic beverage, so he could search the cup and seize it under the automobile exception to the Fourth Amendment. B. No 1. While the cup was in plain view, it was clearly empty. The officers were told it was empty, and they could either see into the cup because it was upright, or it was on its side or overturned, in which case it could not contain anything. The cup therefore does not fall within the plain-view exception because the officers had no reason to suspect that it contained an unlawful substance. 2. Solo cups are used at least as much for soft drinks as for beer. The officers had no reason to assume that the contents or former contents were illegal. Therefore, they could have made no reasonable inference that any contraband existed under the plain-view exception. 3. The officers did not obtain consent from Jim or anyone else to seize the cup, so they did not meet the consent exception to the warrant requirement. 4. Because they had already established that the occupants had nothing to do with the robbery, they could not claim to be in hot pursuit or to have exigent circumstances when they picked up the cup.101

2. Was the officer’s action in searching the backseat of Jim’s car proper under the Fourth Amendment? A. Yes 1. Once they found the cup that smelled of beer, the officers had probable cause to believe that beer had been consumed in the car. They therefore could search the vehicle under the automobile exception, to determine if there was other evidence of the crime. 2. Regardless of whether the cup was properly seized, Jim had admitted that they all had consumed one cup of beer, which was unlawful given their ages. The police therefore had probable cause to believe they were engaged in criminal activity and could search under the automobile exception. 3. Because the officers had already arrested the driver and passengers for underage drinking and drunk driving, the officers could search the vehicle under the search- incident-to-arrest and inventory exceptions. 4. The officers were not required to obtain consent and did not have to honor Jim’s refusal of consent because they had other exceptions to the warrant requirement on which to rely (the search-incident-to-arrest, inventory and automobile exceptions). B No 1. Once the officers established that Jim’s car was not involved in a robbery, no further action should have been taken, because there existed no reasonable suspicion to prolong the stop. 2. The officers had no warrant. 3. Jim refused to consent to the search. 4. Because the officers acted illegally in picking up the cup, they should not have been able to use the information they obtained from picking it up. The evidence they obtained from seizing and searching the cup should be stricken under the exclusionary rule.102

LESSONS 7 & 8: DEBATE SCORE SHEET TEAM A Criteria 3 2 1 Score Organization: Did the argument make sense? Yes. The argument made complete sense. Sometimes. The argument made sense only half of the time. No. The argument did not make sense. Argument: How much did the debater persuade you? I am completely persuaded by this debater. I am a little persuaded. I am not at all persuaded. Presentation: Did the debater sound confident? The presenter sounded very confident. The presenter sounded confident, but seemed unsure at times. The presenter sounded very unsure and unprepared. Total: TEAM B Criteria 3 2 1 Score Organization: Did the argument make sense? Yes. The argument made sense. Sometimes. The argument made sense only half of the time. No. The argument did not make sense. Argument: How much did the debater persuade you? I am completely persuaded by this debater. I am a little persuaded. I am not at all persuaded. Presentation: Did the debater sound confident? The presenter sounded very confident. The presenter sounded confident, but unsure at times. The presenter sounded very unsure and unprepared.103

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LESSON 7 STUDENT HANDOUT: “HOW TO DEBATE” What is Debating? A debate is a structured argument. Two sides speak alternately for and against a particular contention usually based on a topical issue. Unlike the arguments you might have with your family or friends, however, each person is allocated a time they are allowed to speak for, and any interjections are carefully controlled. The subject of the dispute is often prearranged so you may find yourself having to support opinions with which you do not normally agree. You also have to argue as part of a team, being careful not to contradict what others on your side have said. Why debate? It is an excellent way of improving speaking skills and is particularly helpful in providing experience in developing a convincing argument. Those of you who are forced to argue against your natural point of view realize that arguments, like coins, always have at least two sides. The Basic Debating Skills Style Style is the manner in which you communicate your arguments. This is the most basic part of debating to master. Content and strategy are worth little unless you deliver your material in a confident and persuasive way. Speed It is vital to talk at a pace which is fast enough to sound intelligent and allow you time to say what you want, but slow enough to be easily understood. Tone Varying tone is what makes you sound interesting. Listening to one tone for an entire presentation is boring. Volume Speaking quite loudly is sometimes a necessity, but it is by no means necessary to shout through every debate regardless of context. There is absolutely no need speak any more loudly than the volume at which everyone in the room can comfortably hear you. Shouting does not win debates. Speaking too quietly is clearly disastrous since no one will be able to hear you. Clarity The ability to concisely and clearly express complex issues is what debating is all about. The main reason people begin to sound unclear is usually because they lose the "stream of thought" which is keeping them going. It is also important to keep it simple. While long words may make you sound clever, they may also make you incomprehensible.105

Use of notes and eye contact Notes are essential, but they must be brief and well organized to be effective. There is absolutely no point in trying to speak without notes. Of course, notes should never become obtrusive and damage your contact with the audience, nor should they ever be read from verbatim. Most people sketch out the main headings of their speech, with brief notes under each. When writing notes for rebuttal during the debate, it is usually better to use a separate sheet of paper so you can take down the details of what the other speakers have said and then transfer a rough outline onto the notes you will actually be using. Eye contact with the audience is very important but keep shifting your gaze. No one likes to be stared at. Content Content is what you actually say in the debate. The arguments used to develop your own side's case and rebut the opposite side's. The information on content provided below is a general overview of what will be expected when you debate. The final logistics of how long you will be debating, how many people will be in your group, and how the debate will unfold (i.e., which team speaks first, etc.), will all be decided by your tutorial leader. Case (argument) - the whole Introduction - The case your group is making must be outlined in the introduction. This involves stating your main arguments and explaining the general thrust of your case. This must be done briefly since the most important thing is to get on and actually argue it. It is also a good idea to indicate the aspects of the subject to be discussed by each of the team members. Conclusion - At the end, once everyone has spoken, it is useful to briefly summarize what your group has said and why. Case (argument) - the parts Having outlined the whole of your argument, you must then begin to build a case (the parts). The best way to do this is to divide your case into between two and four arguments (or divide your case based on the number of people in your group). You must justify your arguments with basic logic, worked examples, statistics, and quotes. Debating is all about the strategy of "proof." Proof, or evidence, supporting your assertion is what makes it an argument. There are a number of ways of dividing up cases according to groups of arguments (e.g., political/economic/social or moral/practical or international/regional etc.) or just according to individual arguments if you can't group any together. Under each of these basic headings you should then explain the reasoning behind the argument and justify it using the methods outlined above. It is usually best to put the most important arguments first. Here is an example of a case outline: "The media exert more influence over what people think than the government does. This is true for three reasons. Firstly, most people base their votes on what they see and hear in the media. Secondly, the media can set the political agenda between elections by deciding what issues to report and in how much detail. Thirdly, the media have successfully demonized politicians over the last ten years so that now people are more likely to believe journalists than politicians." All of the arguments in this case outline are debatable (almost immediately you can see the counter-arguments), but they give the case a wide range which covers all kinds of issues, the trick is not to come up with a watertight case, but a well-argued one. Think: "Can I argue that?"106

Rebuttal - the parts Arguments can be factually, morally or logically flawed. They may be misinterpretations, or they may also be unimportant or irrelevant. A team may also contradict one another or fail to complete the tasks they set themselves. These are the basics of rebuttal and almost every argument can be found wanting in at least one of these respects. Here are a few examples: 10. "Compulsory euthanasia at age 70 would save the country money in pensions and healthcare." This is true but is morally flawed. 11. "Banning cigarette product placement in films will cause more young people to smoke because it will make smoking more mysterious and taboo." This is logically flawed; the ban would be more likely to stop the steady stream of images which make smoking seem attractive and glamorous and actually reduce the number of young people smoking. 12. ......................................................."My partner will then look at the economic issues... “Blah… blah… blah... (5 minutes later and still no mention of the economic issues)." This is a clear failure to explain a major part of the case and attention should be drawn to it. Even better is when a speaker starts with, “to win this debate there are three things I must do " If the speaker fails to do any of those things you can then hang her or him by the noose by repeating their exact words - by his or her own admission he or she cannot have won, the debate. Rebuttal - the whole: It is very important to have a good perspective of the debate and to identify what the key arguments are. It isn't enough to rebut a few random arguments here and there. Of course, the techniques used above are invaluable, but they must be used appropriately. There are a number of things you should do to systematically break down a team's case: 13. Ask yourself how the other side have approached the case. Is their methodology flawed? 14. Consider what tasks the other side set themselves (if any) and whether they have in fact addressed these. 15. Consider what the general emphasis of the case is and what assumptions it makes. Try to refute these. 16. Take the main arguments and do the same thing. It is not worth repeating a point of rebuttal that has been used by someone else already, but you can refer to it to show that the argument has not stood up. It is not necessary to correct every example used. You won't have time and your aim is to show the other side's case to be flawed in the key areas. Sources The information included in the document "How to Debate" was adapted from: Kidd, A. (2002). The oxford union rough guide to debating. The English-Speaking Union. Retrieved August 26, 2002 from the World Wide Web: http:/jwww.britishdebate.com/.resources/hb oxfordquide.html.107

LESSONS 7 & 8 STUDENT HANDOUT SEARCH AND SEIZURE THE FOURTH AMENDMENT “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 an oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.” You have the right to be free from unreasonable searches and seizures. This right also extends to places and things. In other words, the right to be free from unreasonable searches and seizures includes the property (items such as your phone, your wallet, etc.) on your body, in your house, or in your car. So the police cannot search you or your property or take anything away from you unless it is reasonable, and the police have a search warrant or one of the many exceptions to the search warrant requirement applies (discussed later). A search is when the Government invades your expectation of privacy to obtain information for evidence of a crime. Before your right to be free from a search is violated, you must (1) believe that you have an expectation of privacy and (2) society must believe that expectation is reasonable. In other words, do you actually expect that you have privacy in a particular place, and do you think other people would consider that expectation reasonable? For example, think about your school restroom. When you go into a stall, you expect that area to be private when you’re in it, and society would also believe that expectation of privacy is reasonable. In other words, it is reasonable to believe that when you go into a bathroom stall and close the door behind you that there is an expectation of privacy. Another example: think about your trash. When you go to throw something away, you may believe that what you toss is private, but society may not believe that your expectation of privacy is reasonable. Rather, the U.S. Supreme Court ruled that your trash is now exposed to the public so there is no longer an expectation of privacy when you throw an item away and leave it on the curb for someone to come collect it. A seizure is when an officer takes by force or by show of authority. An officer seizes you if you are arrested, and an officer seizes your property if the officer takes away your belongings. Unless an exception applies, an officer must also have a search warrant before they can legally search you or your property. The search warrant must be issued upon probable cause, supported by Oath or Affirmation, and it must particularly describe the place to be searched or people or things to be seized.108

Probable cause is a reasonable belief that a crime has been or is being committed and that the person, place, or thing is involved in the crime. An oath or affirmation is testimony given subject to perjury. Particularly describing means that each place, person, or thing must be provided in enough detail so that confusion is unlikely. A judge will look at the information and the facts to decide whether to issue a search warrant. EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT 1. Search incident to an arrest: An officer can search you after you have been arrested. 2. Consent search: If you voluntarily consent to a search, no warrant is needed. 3. Plain view: If contraband (items illegal to possess, such as heroin) is in plain view (plain sight), it can be seized because there is no expectation of privacy. 4. Stop and frisk/pat-down/Terry search: If an officer has a reasonable suspicion of criminal activity, the officer can conduct a limited search for weapons to protect the officer and others from harm. The U.S. Supreme Court case that gave rise to this exception was Terry v. Ohio, where a policeman did a stop and frisk of a suspect outside of a jewelry store. 5. Hot pursuit: If in hot pursuit of a suspected criminal, the police can enter without a warrant (example: murder suspect running from police goes into the suspect’s home and shuts the door). 6. Automobile search: There is less of an expectation of privacy in a moving vehicle than in a home because vehicles can quickly leave the scene so a warrant is not required if the officer has probable cause to believe drugs or other evidence of criminal activity are in the vehicle. An officer can search the entire area that could reasonably contain the contraband. 7. Inventory search: If a vehicle is taken into possession, an officer is permitted to conduct an inventory of its contents to determine what is in it so that there is no claim later that something was taken (example: car towed because a driver had no license and when an inventory search is performed, drugs are found in the trunk). 8. Government agency/administrative searches: Certain government agencies can conduct searches without warrants (examples: school officials can search student lockers; border guards can search vehicles and people when they attempt to enter the country). 9. Exigent circumstances: Emergency situations that make it reasonable to enter without obtaining a warrant (example: police hear someone in a home scream, “Don't kill me!"). 10. Parolees and Probationers: A person on probation or parole status has a greatly reduced expectation of privacy.109

EXCLUSIONARY RULE What happens when an officer conducts an illegal search? In other words, what happens when the government violates your Fourth amendment right by not obtaining a valid search warrant, before an officer searches you or your property, and no exception applies? There has been a longstanding debate about whether any contraband from an illegal search should be used as evidence against a defendant. Two U.S. Supreme Court cases that address this issue are Mapp v. Ohio (1961) and Miranda v. Arizona (1966). In Mapp, the Court ruled that the police illegally obtained evidence because the police did not have a valid search warrant (or a valid exception to a search warrant) when the police searched Ms. Mapp’s home and seized things (pornographic materials). The Court held that these materials must be excluded at Ms. Mapp’s trial even though it was illegal to possess the materials. The Court reasoned that excluding the evidence would deter the police from conducting improper searches even though it may result in some criminals going free. We call this the Exclusionary Rule. In other words, sometimes if an officer illegally searches you or your property, and the officer finds evidence that may link you to a crime, that evidence may be excluded at trial (or not used against you). In Miranda, the Court extended the exclusionary rule to statements obtained from suspects before they were informed of their right to not incriminate themselves ("Miranda Warnings”).110

LESSONS 7 & 8 STUDENT HANDOUT 3RS FACT PATTERN/CASE STUDY It was a beautiful Sunday afternoon in June. Sam and Natasha had graduated from high school and decided to go to the park to play Frisbee golf. While playing Frisbee golf, Sam saw his friend, Jim, from his old neighborhood. It looked like Jim and his family were having a barbeque. Sam introduced Natasha to Jim and his parents, who were drinking beer out of a red Solo cup and enjoying the sunny afternoon. Jim offered Sam and Natasha a glass of beer from the keg that was covered with a heavy green tarp. Both Sam and Natasha took a glass of beer and started socializing with Jim’s friends and family members. Jim also introduced Sam and Natasha to his girlfriend, Yvonne, and asked if they wanted to go for a drive in his new red Mustang convertible that his grandmother gave him as a graduation present. They all agreed. Sam and Natasha sat in the backseat of the red Mustang, and Jim drove with Yvonne in the front passenger seat. They left the park and headed down Fulton Street when a police car pulled behind them and activated its flashers. Jim knew he was not speeding and couldn’t imagine why he was being pulled over. Two police officers got out of the police car and approached Jim’s car with their weapons drawn and ordered everyone to get out of the car. The police explained they were looking for two men in a red convertible Mustang who robbed a gas station. The police thought Jim’s car may be fleeing from the scene of the crime. Jim said he knew nothing about the robbery and explained that he was taking his friends for a ride in his new car. The police could tell that Jim, Yvonne, Sam and Natasha were not suspects in the bank robbery and were about to walk back to their police car when one of the officers saw a red Solo cup in the backseat. The police officer immediately asked what was in the red cup. In response, Natasha said it was empty. The cup was, in fact, empty. The police officer picked up the cup without asking permission to do so, and smelled it. There was a distinct odor of beer. The police asked them if they had been drinking. Jim said that they each had one glass of beer at a family picnic in the park. The police immediately arrested all four of them for underage drinking and demanded to search Jim’s car. Jim refused to let the police search his car. The police said they had probable cause to believe they were engaged in criminal activity and started to search the backseat. Under the backseat the police found a bag of marijuana. Jim explained that he never used marijuana and had no idea where it came from. All four of them were arrested for possession of marijuana. At the police station, all four of them took blood and urine tests which showed that none of them had any marijuana in their system, but they all had illegal blood alcohol levels. Sam, Natasha, Jim and Yvonne were all charged with possession of a controlled substance (marijuana); and minor in possession of alcohol. Additionally, Jim was charged with operating a motor vehicle with an unlawful blood alcohol level (drunk driving). They all hired the same attorney and claimed that the officer’s search violated their Fourth Amendment Rights because the officer did not have probable cause to pull them over or search the car. Discussion Questions: 1. Could the officer properly search (and smell) the red Solo cup in the back seat of Jim’s vehicle without violating the Fourth Amendment? (FOR LESSON 7 ONLY) 2. Was the officer’s action in searching the backseat of Jim’s car proper under the Fourth Amendment? (FOR LESSON 8 AND STUDENTS PREPPING FOR LESSON 8)111

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VOLUNTEER GUIDELINES AND SUGGESTIONS ✓ Be prepared. Most students will know right away if you are not. The good news is that 3Rs presentations are like weekly “open book/notes quizzes,” and we have already prepared the outline and materials. If you have read over and are familiar with the materials, you will be fine! ✓ Act as a facilitator of discussion. Ask open-ended questions that promote further thoughts and comments. ✓ When appropriate, use pop-culture and current events as examples during your lessons. Doing so may help the students relate the information they are learning to their own experiences. ✓ Be positive. Encourage answers by using phrases like “Good point” or “That’s an interesting idea/way to look at it.” Follow up by asking if anyone else has an answer or idea. ✓ Minimize your use of lecture in presenting the factual material. Highlight the significant aspects of the materials. ✓ In your discussions, try to get beyond knowledge and comprehension to application and analysis. Use the hypotheticals and then vary the facts so that the students will have to analyze the new facts and apply what they are learning to a new scenario. ✓ Students learn in different ways. Supplement your methods of presenting material in different ways to try to better reach each student. For example, use visuals or have the students dramatize a fact pattern. ✓ Begin your small group by asking a question that you will expect your group to answer (based on the material you are about to cover) at the end of the class. Tell them that the information they will need to correctly answer the question will be in the materials you will be going over, so they will need to pay attention. ✓ Remember your audience. If you are a law student, think of how you would explain a case to a non-lawyer friend instead of your professor. If you are an attorney, think of how you would explain an issue to your non- lawyer spouse or partner instead of your colleague. Just as you would present a legal seminar differently to recent graduates than to seasoned professionals, try to factor in differences in your audience to your approach (i.e. what is on the mind of a typical Grand Rapids 9th grader). ✓ Be yourself. Your individual personality, life experiences, and background can be beneficial to the students. The time you have committed to volunteer is greatly appreciated. ✓ Never tell a student that his/her answer is wrong. Even wrong answers generally have some good points that you can emphasize. Use the answer as a springboard to encourage discussion. ✓ Don’t call on students to read unless you are certain they are strong readers. Read the material to the students rather than inadvertently embarrass a poor reader by asking him/her to read. Alternatively, ask for volunteers. ✓ Remember and observe attorney-client privilege. Use care when using a hypothetical based on your own cases or clients. Be sure to change names, dates, and facts that may reveal the identity of your client or specifics regarding your case. One of your students could be related to or have a relationship with someone (client, witness, judge, etc.) involved with your case. ✓ Remember that it is not your job to discipline the students. The classroom teacher should remain in the room at all times. It is okay to ask students to stop unsafe or unkind behavior, but the next step is to let a teacher or other school employee know about the problem. If you are having trouble with a student or group you are supervising, let the teacher know immediately, and ask her how she'd like you to handle similar situations in the future. It is also important to understand the class rules so there are consistent behavior expectations for the students. ✓ Don't gossip! While volunteering, you may occasionally overhear private information about other students' academic progress, family life, or behavior. If you learn any sensitive information, be respectful and don't tell others. ✓ Don’t choose favorites. Impartiality and objectivity is key. Be sure not to favor one student more than another and always set aside your personal feelings and opinions when teaching 3Rs lessons. ✓ Practice safe touching and safe verbal communication. Handshakes and high fives are considered appropriate. Refrain from any other touching of the students. Never touch a child in anger. Let your conversation demonstrate respect for others and yourself. Avoid language that may be perceived as discriminatory, sexist, or offensive.113

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FEDERAL AND STATE COURTS (Court structure as of December 2013) Article III of the Constitution establishes the judicial branch of government. In the United States, we have two separate judicial systems -the federal court system and the state court system. The charts below provide a brief overview of the systems. FEDERAL COURT SYSTEM UNITED STATES SUPREME COURT Cases usually involve important questions about the Constitution or federal law. Cases may come from state or federal court. Original jurisdiction in some instances. UNITED STATES CIRCUIT COURTS OF APPEAL Hear appeals from the district courts located within the circuit. Twelve Regional Courts of Appeal. One U.S. Court of Appeal for Federal Circuit. (Michigan is in the 6th Circuit). UNITED STATES DISTRICT COURTS (Trial Courts, U.S. Bankruptcy Courts) Criminal and civil matters.117

MICHIGAN COURT SYSTEM Michigan (Court structure as of December 2013) Court of Appeals (4 districts) 24 judges sit in 3-Judge panels Case Types: ■ Exclusive appeal by right criminal, civil, administrative agency. ■ Appeal by permission criminal, civil, administrative agency. Interlocutory appeals in criminal, civil, administrative agency. ■ Exclusive original proceeding application for writ. Court of Claims*** 4 Court of Appeals Judges assigned by Michigan Supreme Court. Each case heard by a single judge, assigned by blind draw. No Jury Trials Case Types: ■ Hear and determine all civil actions against state and its agencies. Circuit Courts* (57 courts)** 254 Judges Jury trials except in domestic relations Case Types: ■ Tort, contract, real property ($35,001-no maximum), probate/estate, mental health, administrative agency appeals, miscellaneous civil. Exclusive civil trial court appeals. ■ Exclusive domestic relations. ■ Felony, criminal appeals. ■ Juvenile. District Court (105 courts) 261 judges Jury trials in most cases Case Types: ■ Tort, contract, real property ($0-$25,000), small claims (up to $3,000). ■ Felony, preliminary hearings, misdemeanor. ■ Ordinance violations. Probate Court (78 courts) 108 judges Jury trials in some cases Case Types: ■ Probate/estate, mental health. Municipal Court (4 courts) 4 judges Jury trials in most cases Case Types: ■ Tort, contract, real property ($0- $1,500; $0-$3,000 if approved by local funding unit), small claims (up to $100; up to $600 if approved). ■ Preliminary hearings, misdemeanor. ■ Traffic/other violations. Supreme Court 7 justices sit en banc Case Types: Appeal by permission criminal, civil, administrative agency. Interlocutory appeals in criminal, civil, administrative agency. Exclusive original proceeding bar/judiciary, certified question, advisor opinion.118

MICHIGAN COURT SYSTEM Tribal Courts (Court structure as of December 2013) *The Recorder’s Court of Detroit merged with the Circuit Court effective October 1, 1997. **A Family Division of Circuit Court became operational on January 1, 1998. ***Court of Claims changes became operational on November 12, 2013. Tribal Court Judgments 12 federally recognized Tribes in Michigan Michigan Court Rule 2.615 provides the enforcement of Indian tribal court judgments Tribal court judgment is recognized as long as the tribe or tribal court has enacted a reciprocal ordinance, court rule, or other binding measure that obligates the tribal court to enforce state court judgments, and that ordinance, court rules, or other measure has been transmitted to the State Court Administrative Office119

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CONSTITUTION & GLOSSARY U.S. CONSTITUTION We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I Section 1 All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2 The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of121

Impeachment. Section 3 The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Section 4 The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Section 5 Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such122

Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Section 6 The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. Section 7 All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Section 8 The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the123

United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the Supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Section 9 The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.124

No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. Section 10 No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress. No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay. ARTICLE II Section 1 The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of125

the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"1 do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." Section 2 The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.126

Section 3 He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Section 4 The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. ARTICLE III Section 1 The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office. Section 2 The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Section 3 Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to, the same overt Act, or on Confession in open Court. The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.127

ARTICLE IV Section 1 Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Section 2 The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. Section 3 New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State. Section 4 The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened)' against domestic Violence. ARTICLE V The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. ARTICLE VI All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties128

made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. ARTICLE VII The Ratification of the Conventions of nine States shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. AMENDMENTS TO THE U.S. CONSTITUTION Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine. THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz. ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution. 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 searches129

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 offence 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 re-examined 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. AMENDMENT XI Passed by Congress March 4, 1794. Ratified February 7, 1795. Note: Article III, section 2, of the Constitution was modified by amendment 11. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. AMENDMENT XII Passed by Congress December 9, 1803. Ratified June 15, 1804. Note: A portion of Article, section 1 of the Constitution was superseded by the 12th amendment. The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make130

distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; --the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; --The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and , if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. *Superseded by section 3 of the 20th amendment. AMENDMENT XIII Passed by Congress January 31, 1865. Ratified December 6, 1865. Note: A portion of Article IV; section 2, of the Constitution was superseded by the 13th amendment. Section 1 Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2 Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XIV Passed by Congress June 13, 1866. Ratified July 9, 1868. Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment. Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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. Section 2 Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced131

in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty- one years of age in such State. Section 3 No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two¬ thirds of each House, remove such disability. Section 4 The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void. Section 5 The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. *Changed by section 1 of the 26th amendment. AMENDMENT XV Passed by Congress February 26, 1869. Ratified February 3, 1870. Section 1 The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Section 2 The Congress shall have the power to enforce this article by appropriate legislation. AMENDMENT XVI Passed by Congress July 2, 1909. Ratified February 3, 1913. Note: Article I, section 9, of the Constitution was modified by amendment 16. The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. AMENDMENT XVII Passed by Congress May 13, 1912. Ratified April 8, 1913. Note: Article I, section 3, of the Constitution was modified by the 17th amendment. The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branches of the State legislatures. When vacancies happen in the representation of any State in the Senate, the executive authority of such State132

shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. AMENDMENT XVIII Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21. Section 1 After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2 The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation. Section 3 This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. AMENDMENT XIX Passed by Congress June 4, 1919. Ratified August 18, 1920. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XX Passed by Congress March 2, 1932. Ratified January 23, 1933. Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3. Section 1 The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin. Section 2 The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day. Section 3 If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or133

Vice President shall have qualified. Section 4 The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. Section 5 Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. Section 6 This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission. AMENDMENT XXI Passed by Congress February 20, 1933. Ratified December 5, 1933. Section 1 The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2 The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. Section 3 This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. AMENDMENT XXII Passed by Congress March 21, 1947. Ratified February 27, 1951. Section 1 No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term. Section 2 This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress. AMENDMENT XXIII Passed by Congress June 16, 1960. Ratified March 29, 1961.134

Section 1 The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. Section 2 The Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XXIV Passed by Congress August 27, 1962. Ratified January 23, 1964. Section 1 The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax. Section 2 The Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XXV Passed by Congress July 6, 1965. Ratified February 10, 1967. Note: Article II, section 1, of the Constitution was affected by the 25th amendment. Section 1 In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Section 2 Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. Section 3 Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. Section 4 Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.135

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office. AMENDMENT XXVI Passed by Congress March 23, 1971. Ratified July 1, 1971. Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment. Section 1 The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. Section 2 The Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XXVII Originally proposed Sept. 25,1789. Ratified May 7,1992. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.136

OTHER IMPORTANT CONCEPTS NOT COVERED IN LESSONS: DUE PROCESS CLAUSES: The Fifth Amendment: “No person shall be deprived of life, liberty, or property, without due process of the law…” The 14th Amendment: “No State shall deprive any person of life, liberty, or property, without due process of law…” TWO TYPES OF DUE PROCESS: 1) Procedural Due Process – The protections provided to those accused of a crime or other offense are procedural due process. At a minimum, it means the accused is to be provided notice of the charges and a right to contest or challenge them. The amount of procedural due process to be provided depends on the seriousness of the offense (the degree to which "life, liberty, or property" may be denied if the accused is found guilty). More due process (hearings, right to appeal, etc.) is required for someone accused of murder than for a minor offense such as jaywalking. 2) Substantive Due Process – The U.S. Supreme Court has determined that there are some individual rights that are not specifically identified or referenced in the Constitution but exist as fundamental rights because they can be inferred from other rights stated in the Constitution. One example is the "right to privacy." In Griswold v. Connecticut (1965) the Court held that state laws that ban the sale of contraceptive devices violate this right, and in Roe v. Wade (1973) the Court held that state laws that ban all abortions violate this right. SCHOOL SUSPENSION CASE: Ann Instigator and Billy Bystander, students at George Washington High School, are in the school cafeteria when there is a disturbance. Food is thrown, students start fighting, and school property is ultimately damaged before the situation is brought to an end by some teachers. Following the incident several students, including Ann and Billy, are taken to the principal's office by one of the teachers on lunch duty. The teacher informs the principal that the students, including Ann and Billy, were involved in the disturbance. The principal suspends all of the students for ten days. Ann was in fact involved in a small part of the disturbance, but Billy was not involved at all. The students were not permitted to explain this to the principal. The students sued, challenging their suspension and claiming that their due process rights were violated because they were not given a chance to present their side of the situation. The school argued that it must have broad authority over student behavior and that it would be too much of a burden to require a hearing each time a student is suspended.137

3RS GLOSSARY Fifth Amendment to the U.S. Constitution Guarantees certain due process rights and prohibits the national government from denying such rights. First Amendment to the U.S. Constitution Protects the rights of citizens against government efforts to limit free speech, a free press, the right to assemble and protest peaceably, and the right to petition for redress of grievances, sometimes collectively referenced as "freedom of expression:' Fourteenth Amendment to the U.S. Constitution Guarantees certain due process rights and prohibits the state governments from denying such rights; also forbids the state government from denying citizens equal protection under the law (discrimination). Fourth Amendment to the U.S. Constitution Protects the rights of citizens to be free from unreasonable searches and seizures. Affidavit Written declaration upon oath made before an authorized official. Affirmative Action Name of programs designed to assist minorities in obtaining jobs, school admission, promotions, etc. Automobile Search Search warrant exception where a police officer is permitted to search a vehicle if he or she has probable cause to believe there is contraband in the vehicle. Bill of Rights First ten Amendments to the U.S. Constitution that sets forth certain individual rights. The Bill of Rights were adopted in 1791. Black Codes/Jim Crow Laws Racially discriminatory laws adopted after the Civil War with the intent to limit African-American/Black participation in elections and other aspects of life. Brandenburg v. Ohio (1969) U.S. Supreme Court case in which the Court broadened the limits of the "clear and present danger" test to allow even inflammatory speech unless such speech creates a danger of "imminent (immediate) lawless action:' Brown v. Board of Education (1954) U.S. Supreme Court case that overruled Plessy v. Ferguson and held that "separate but equal" racial segregation is "inherently" unequal. Case Law Law that develops as a result of how the courts rule. Checks and Balances Powers each branch of government (legislative, executive and judicial) has to limit the power of the others. Clear and Present Danger Limit on First Amendment freedoms that permits the government to limit or curtail such freedoms when the exercise of them creates a danger that is clear (apparent) and present (close in time); first established in Debs v. US.138

Compelling (Important) Government Interest High level of proof the government must show for the courts to uphold a law affecting fundamental rights. Consent Search Search warrant exception where a person gives permission for a search. Content-Based Laws Laws that limit constitutional rights based on the content of what is said or who is saying it and are almost always held to be unconstitutional Content-Neutral Laws Laws that limit constitutional rights equally to everyone and are usually designed to protect rights by controlling where, when and how they may be exercised ("time, place and manner restrictions") and are generally held to be constitutional. Contraband Items illegal to possess (example: heroin). De Facto Segregation Segregation not mandated by law, such as that which may result from where people choose to reside. De Jure Segregation Segregation mandated by law. Debs v. U.S. (1919) U.S. Supreme Court case in which the Court refused to grant First Amendment protection to Debs' anti-war speech because it represented a "clear and present danger" to the safety of the U.S. Democracy Form of government in which the people choose their leaders through elections and the government's power to rule is limited by recognition of certain individual rights. Enemy Combatant Prisoners accused of taking up arms against the United States, whose possession of certain due process rights is under dispute. Espionage Act of 1917 Federal law passed during World War I making it a crime to interfere with the operation or success of the U.S. armed forces. Equal Protection Clause Clause in the 14th Amendment of the U.S. Constitution passed in 1866 to outlaw racially discriminatory laws, and that provides that no state shall deny people the equal protection of the laws. Establishment Clause First Amendment freedom that bars too close of a tie between government and religion, such as the establishment of an official government church or religion. Exclusionary Rule Court rule that certain illegally obtained evidence may not be used against the accused; established in Mapp v. Ohio. Executive Branch Branch of Government that carries out/enforces the laws.139

Exigent Circumstances Search warrant exception permitted where circumstances create a reasonable belief that the officer must enter an area to prevent a crime. Federalism System of government that divides governing power between the national government and the 50 state governments. Freedom of Expression Another term that applies to the First Amendment freedoms that involve expression of an opinion or belief. Free Exercise Clause First Amendment freedom that protects citizens' rights to exercise their religious beliefs. Free Press First Amendment freedom of newspapers and others to express their beliefs and opinions in publications. Free Speech First Amendment freedom that permits citizens to state their beliefs. Fighting Words Face-to-face insults not protected by the First Amendment because they are addressed to a specific person and likely to cause an imminent fight. Fundamental Rights Rights guaranteed specifically or expressly in the U.S. Constitution or inferred from it as an individual right. Goss v. Lopez (1975) U.S. Supreme Court case holding that students in effect have a property interest in attending school and must be provided a hearing before they can be expelled. Government Agency/Administrative Searches Search warrant exception extended to certain government agencies such as border patrol, school administrators, airport security, etc. Hot Pursuit Search warrant exception where a police officer is permitted to enter and search a structure if he or she is in close pursuit of a suspected criminal. Inventory Search Search warrant exception where the police tow a vehicle and inventory its contents. Jim Crow Laws/Black Codes Racially discriminatory laws adopted after the Civil War with the intent to limit African-American/Black participation in elections and other aspects of life. Judicial Branch Branch of government that interprets the laws. Judicial Interpretation Power of the judicial branch to determine the meaning of laws. Korematsu v. U. S. (1944) U.S. Supreme Court case that upheld the internment of Japanese-Americans during World War II.140

Legislative Branch Branch of government that makes the laws. Libel Knowingly false statement of fact in a printed form, and as such is not protected under the First Amendment. Loyalty Oaths Sworn statement declaring allegiance to a nation, group or belief system, required of citizens during the Red Scare of World War I and during the McCarthy era after World War II. Magna Carta British charter adopted in 1215 in which the U.S. Constitution's due process language has its roots. Majority Rule Democratic government principle in which control of the government ultimately rests with the people who decide who represents them through elections in which the person and/or issue on the ballot that gets the most votes wins. Mapp v. Ohio (1961) U.S. Supreme Court ruling that illegally obtained evidence must be excluded as evidence (exclusionary rule) against the accused in state court. McCarthyism/McCarthy Era Period immediately following World War II during a second Red Scare, led by Senator Joseph McCarthy in a crusade against the spread of communism in the U.S. Minority Rights Democratic government principle in which certain constitutional rights are guaranteed to individuals and are not subject to majority rule. Miranda v. Arizona (1966) U.S. Supreme Court ruling that held that an accused must be told of certain rights, including his/her right to an attorney and to not make incriminating statements, and that if the rights are not communicated, any information obtained may not be used against the accused. National Security A threat to the security of the United States that rises to a level that it is not protected by the First Amendment, such as giving troop movement information to the enemy. Natural Law/Rights Philosophical idea that holds people have certain inherent rights that the government should not be allowed to violate (examples: personal freedom or property rights). Oath or Affirmation Testimony given subject to perjury (criminal charges for lying under oath). Obscenity Limit on First Amendment freedom where the pornographic material is shown to be well outside community standards of decency, though determining what is or is not obscene has been controversial and difficult in some cases. Pat-Down Search warrant exception where a police officer has reasonable suspicion that a suspect may be armed and permits the officer to stop and frisk the suspect for a weapon.141

Peaceable Assembly First Amendment freedom to gather and protest peacefully. Petition First Amendment freedom that permits citizens to request in writing that government take certain action. Plain View Search warrant exception where an item is in plain view and thus there is no reasonable expectation of privacy. Plessy v. Ferguson (1896) U.S. Supreme Court case that upheld laws segregating the races under the principle of "separate but equal:' Precedent A legal decision serving as an authoritative rule or pattern in future similar cases. Primary Source Documents Records or written accounts created by a person taking part in the event (example: diary entry). Probable Cause Required showing by the government that there is reason to believe that a crime has been or is about to be committed. Procedural Due Process Right to a fair process, including notice and an opportunity to be heard at a minimum, once a life, liberty or property interest is at issue. Quota System that allots positions among various groups based on numbers instead of merit or other factors; racial quotas when used as the sole factor in college admissions were found unconstitutional in University of California v. Bakke and a series of lawsuits involving the University of Michigan. Rational Basis Test Test adopted by the courts to determine whether certain laws are legal that do not impact a constitutional right, under which the law will be upheld upon a showing that there is any rational connection between the law and the goal sought by the law. Reasonable Expectation of Privacy Court looks to whether one has a reasonable expectation of privacy in making a determination of whether a search warrant was required to search/seize. Reasonable Suspicion A reason to believe that criminal activity is at hand. Red Scare Fear of communism, political violence, and labor unrest during World War I. Right to Privacy Fundamental substantive due process right inferred by the courts from the U.S. Constitution, which right was the basis for overruling certain laws banning abortion and the use of contraception. Sacco and Vanzetti Trial (1927) Trial of two immigrant workers convicted of murdering a company payroll master despite weak evidence toward the end of the first Red Scare.142

Search Incident to Arrest A search warrant exception where a person is searched after arrest. Secondary Source Documents Records or accounts created by someone not a participant or eyewitness to the event (example: newspaper article). Separation of Powers Division of governing power between the three branches of government (legislative, executive and judicial). Separate but Equal System of racial division in public services, such as schools or public restrooms; upheld in Plessy v. Ferguson but later overturned in Brown v. Board of Education. Slander Knowingly false statement of fact in a spoken form, and as such is not protected under the First Amendment. Stop and Frisk Search warrant exception where a police officer has reasonable suspicion that a suspect may be armed and permits the officer to stop the suspect and conduct a pat-down or frisk for a weapon. Strict Scrutiny Test Where a law affects a fundamental right, the courts will not uphold the law unless the government can prove a compelling governmental interest and that there is no other way to accomplish that goal. Substantive Due Process Protects certain fundamental rights that are not specifically or expressly set forth in the U.S. Constitution but which the U.S. Supreme Court has inferred are fundamental rights, such as privacy. Terry Search Search warrant exception where a police officer has reasonable suspicion that a suspect may be armed and permits the officer to stop the suspect and conduct a pat-down or frisk for a weapon. Terry v. Ohio (1968) U.S. Supreme Court ruling that upheld the pat-down/frisk of a suspect based on the officer's reasonable belief that a crime was being committed and that he needed to check for weapons. United States Constitution Document adopted in 1787 as our form of national government and includes amendments, including the Bill of Rights (the first ten amendments); also known as the "supreme law of the land:' University of California v. Bakke (1978) U.S. Supreme Court case in which the court upheld affirmative action plans based on guidelines but ruled those based on quotas were unconstitutional Warrant Legal document to be obtained from the court permitting the search and seizure of persons and/or property. Warrantless Searches Searches that are permitted without first obtaining a search warrant. Writs of Assistance British documents used against the American colonists to search for contraband, and which permitted very broad searches with no particular suspicion needed to obtain the writs.143