Survival Island Worksheet Survival Island
Foundational Liberties Simulation
DOC ID: CL-01-A
The Scenario
You and your classmates have been stranded on a remote island. You are tasked with building a new society from scratch. However, the Island Council has decreed that you can only bring **three** specific constitutional protections with you from your former home. Choose wisely—once your society begins, these are the only rights that will be legally protected.
1. Freedom of Speech
The right to criticize the government and speak your mind freely.
2. Right to Bear Arms
The right to own weapons for protection and hunting.
3. Protection from Unreasonable Search
Government needs a warrant/reason to look through your home.
4. Right to a Fair Trial
You are innocent until proven guilty by a jury of peers.
5. Freedom of Religion
The right to practice any faith or no faith at all.
6. No Cruel & Unusual Punishment
The government cannot torture or use excessive force as punishment.
Which 3 rights did you choose? List them below:
The Sacrifice: Which right was the hardest to leave behind? Why?
The Risk: Describe a specific problem that might occur on your island because you DID NOT choose one of the other rights.
Bill of Rights Blueprint
Mapping the First Ten Amendments
NAME: __________________________
DATE: ___________________________
The Bill of Rights was added to the Constitution to satisfy Anti-Federalist concerns about federal overreach. Review the summaries below and categorize each amendment into one of the three logical groupings.
1st
Speech, Religion, Press, Assembly, Petition.
2nd
Right to bear arms.
3rd
No quartering of soldiers in private homes.
4th
No unreasonable searches or seizures; warrant requirement.
5th
Due process, double jeopardy, self-incrimination, eminent domain.
6th
Speedy and public trial, impartial jury, right to counsel.
7th
Jury trial in civil cases.
8th
No excessive bail or cruel and unusual punishments.
9th
Rights retained by the people (unenumerated rights).
10th
Powers reserved to the states or the people.
Individual Liberties
Protections of personal freedoms and expression.
Rights of the Accused
Protections for those interacting with the legal system.
General Protections
Broad limits on government power and states' rights.
Reflect: Why separate these?
Looking at your categories, which group of amendments do you think is most "at risk" in a time of national crisis (like a war or pandemic)? Explain your reasoning.
Bill of Rights Intro Slides Civil Liberties Sequence
Liberty & Law
Lesson 1: Categorizing the Bill of Rights & The Survival Island Dilemma
Essential Question
"How should a democratic society balance individual liberties with the collective need for security and order?"
Survival Island
The Ultimate Choice
You are stranded. You can only keep THREE rights for your new island civilization.
Which did you choose?
What was the hardest one to leave?
What happens when someone breaks a rule you didn't protect?
Discuss in Groups
Can your island survive without the right to bear arms? Without a fair trial?
The Bill of Rights (1791)
Who?
Demanded by the Anti-Federalists.
What?
The first ten amendments to the Constitution.
Why?
To prevent the new federal government from becoming tyrannical.
Key Concept: These rights are NOT granted by the government; they are protected from the government.
Organizing Liberty
1
Individual Liberties
Expression and personal freedoms (Amd 1, 2, 9)
2
Rights of the Accused
Legal protections for suspects and defendants (Amd 4, 5, 6, 8)
3
General Protections
Structural limits and government boundaries (Amd 3, 7, 10)
Exit Reflection
"Without a Bill of Rights, the Constitution is just a skeleton without skin."
If you could add an 11th Amendment today, what right would it protect?
Internet?
Healthcare?
Environment?
Speech and Religion Cases Worksheet The T-Shirt Trial
Case Study: 1st Amendment in Schools
NAME: __________________________
DATE: ___________________________
The Hook: Student Expression
A student arrives at school wearing a t-shirt that says: "This School is a Prison: Teachers are Guards, Students are Inmates." The principal orders the student to change or go home, claiming it is "disruptive to the educational environment."
Argument for the Student:
Argument for the School:
Freedom of Religion
Establishment Clause: The government (including schools) cannot promote or "establish" a specific religion.
Free Exercise Clause: The government cannot stop you from practicing your faith, unless it breaks a law.
Freedom of Speech
Pure Speech: Spoken or written words.
Symbolic Speech: Actions or objects that convey a message (like an armband or a flag).
Precedent Watch
Tinker v. Des Moines (1969)
Context
Students wore black armbands to protest the Vietnam War.
Ruling & Impact
Students don't "shed their constitutional rights... at the schoolhouse gate." Speech is protected unless it causes a substantial disruption.
Schenck v. United States (1919)
Context
Schenck distributed flyers urging people to resist the draft during WWI.
Ruling & Impact
Speech can be limited if it creates a "clear and present danger" (like shouting fire in a crowded theater).
Religion Case Studies
Engel v. Vitale (1962)
A public school district required students to recite a non-denominational prayer every morning. Several families sued, claiming it violated their 1st Amendment rights.
Does this violate the Establishment Clause or Free Exercise? Explain.
Wisconsin v. Yoder (1972)
Amish families refused to send their children to high school, citing their religious beliefs. The state had a law requiring school attendance until age 16.
Whose interest is stronger: the state's interest in education, or the families' right to free exercise?
The Balancing Act
In 11th Grade, we don't just look at what the rights are, but how they conflict. Complete the sentence below:
"The most difficult part of protecting First Amendment rights is deciding where one person's freedom ends and the safety of the community begins, because..."
Speech and Religion Slides Can You Say That?
The Limits of the 1st Amendment
Scenario: A student wears a shirt with a controversial political slogan. The principal says "Take it off, it's a distraction."
Protected?
Banned?
Freedom of Religion
Establishment
The government cannot set up a state church or favor one religion over others.
"Wall of Separation"
Free Exercise
The government cannot stop you from practicing your faith.
"Except when laws are broken"
1969
Tinker v. Des Moines
Students wore black armbands to school to protest the Vietnam War. They were suspended.
The Ruling
"Students do not shed their constitutional rights... at the schoolhouse gate."
The "Tinker Test"
Speech is protected unless it causes a...
SUBSTANTIAL DISRUPTION
1919
Schenck v. United States
During WWI, Schenck mailed flyers urging men to resist the draft. The US government charged him with sedition.
The Analogy
"The most stringent protection of free speech would not protect a man in falsely shouting FIRE in a theatre and causing a panic."
The Limit:
The Standard
Clear and Present Danger
Quick Quiz: Tinker or Schenck?
A student starts a rumor that there's a bomb in the cafeteria.
Schenck
Students wear orange ribbons to support climate action.
Tinker
Rights of the Accused Worksheet The Shield of Due Process
Investigating Rights of the Accused
NAME: __________________________
DATE: ___________________________
FORM 4-8-INCIDENT
Hook: Spot the Violation
Analyze the police report excerpt below. Your job is to flag any moment where the constitutional rights of the suspect might have been compromised.
"Officer Miller observed Subject X walking in a high-crime area carrying a heavy backpack. Without identifying himself, Officer Miller ordered the subject to stop and open the bag. Subject X refused. Officer Miller forcibly took the bag and found a laptop. Miller then took Subject X to the precinct. During a 4-hour interrogation, Subject X asked for a lawyer, but Miller stated, 'You don't need one if you're innocent.' Subject X eventually confessed to stealing the laptop."
Potential Violation 1:
Amendment Number:
4
Search & Seizure
Standard: Reasonable Expectation of Privacy / Warrant
Exclusionary Rule: Evidence obtained illegally cannot be used in court. (Mapp v. Ohio)
5
Self-Incrimination
Standard: Right to remain silent / Miranda Rights
Includes Double Jeopardy and the right to Due Process (fundamental fairness).
6
Right to Counsel
Standard: Fair and Speedy Trial
Gideon v. Wainwright: If you cannot afford an attorney, the state must provide one.
8
Cruel & Unusual
Standard: Proportionality of Punishment
Prohibits excessive bail and fines, as well as "barbaric" or excessive punishments.
The Exclusionary Rule Debate
Police find a murder weapon in a suspect's house, but they entered without a warrant and without a valid reason. Under the Exclusionary Rule, that weapon cannot be used as evidence. A guilty person might walk free.
Is it better to let 100 guilty people go free, or to let the government ignore the Constitution one time? Justify your stance.
The Criminal Justice Maze
Trace the journey of a suspect through the system. For each stage, identify which Amendment protects them and why it matters.
Stage Amd. Specific Protection / Precedent 1. Investigation 4th Example: Police need a warrant based on probable cause.
|
| 2. Interrogation | 5th |
|
| 3. Arraignment / Bail | 8th |
Rights of the Accused Slides You're Under Arrest
When does the Constitution step in?
"You have the right to remain silent..."
5th Amendment 6th Amendment
4
Search & Seizure
The Standard
Citizens have a reasonable expectation of privacy.
Warrant Requirements
Must have Probable Cause. Must be specific about place/items.
Mapp v. Ohio (1961)
"The Exclusionary Rule"
If police find evidence illegally, it is "fruit of the poisonous tree" and cannot be used in court.
Due Process Rights
5
Protection from Self-Incrimination
Right to remain silent
No Double Jeopardy
Grand Jury Indictment
6
Right to a Fair Trial
Right to Counsel (Lawyer)
Speedy & Public Trial
Impartial Jury
"You have the right to an attorney. If you cannot afford one, one will be provided for you." Gideon v. Wainwright (1963)
8
Punishment & Bail
Cruel and Unusual Punishment
The punishment must fit the crime. The Supreme Court constantly re-interprets what "cruel" means (e.g., the death penalty for minors).
Excessive Bail
Bail is money used to ensure a defendant returns for trial. It cannot be set arbitrarily high just to keep someone in jail.
Discussion Question:
Is the death penalty constitutional? Does the definition of "cruel" change over time?
The Miranda Rule
Because of Miranda v. Arizona (1966), police must notify you of your rights before questioning.
Right to Silence
Anything you say can be used...
Right to an Attorney
Why does this "notification" matter? Does it protect the innocent or the guilty?
Incorporation Worksheet The Bridge of Incorporation
Selective Incorporation & The 14th Amendment
NAME: __________________________
DATE: ___________________________
The Hook: Can a State Establish a Religion?
In 1791, the 1st Amendment said "Congress shall make no law respecting an establishment of religion." It did not say "Massachusetts shall make no law..." In fact, Massachusetts had an official state religion until 1833!
Why can't Utah or Texas establish a state religion today? What changed in the Constitution to stop them?
The "Incorporation" Clause
The 14th Amendment (1868) contains the magic words that changed everything:
"...nor shall any State deprive any person of life, liberty, or property, without due process of law..."
Selective Incorporation: The Supreme Court uses this "Due Process" clause to apply specific pieces (selectively) of the Bill of Rights to state governments, one court case at a time.
Timeline of Incorporation
1833: Barron v. Baltimore
SCOTUS says the Bill of Rights ONLY applies to the federal government, not states.
1925: Gitlow v. New York
The first time SCOTUS says Free Speech is a "fundamental liberty" that states must protect under the 14th Amd.
1963: Gideon v. Wainwright
Incorporates the 6th Amendment's right to counsel (states must provide lawyers).
2010: McDonald v. Chicago
Incorporates the 2nd Amendment (right to bear arms) to the states.
Synthesis: How it Works
The Formula for Incorporation
Original Right
Bill of Rights (Amd 1-10)
The "Vehicle"
14th Amd. Due Process Clause
=
Result
State Compliance
Selective Incorporation Challenge
Why didn't the Supreme Court just incorporate the entire Bill of Rights all at once in 1868? Why do it "selectively" case-by-case?
Reflection: Federalism vs. Civil Liberties
Does incorporation make the federal government too powerful over the states, or is it necessary to ensure all Americans have the same rights regardless of where they live?
Key Takeaway
Incorporation means that Federal Courts now have the power to tell State Governments they are violating your civil liberties.
Incorporation Slides 50 States, 50 Rules?
The Story of Selective Incorporation
"Can Massachusetts have a state religion? Can Chicago ban all handguns?"
NOT ANYMORE.
Before 1868...
Barron v. Baltimore (1833)
The Supreme Court ruled that the Bill of Rights only limited the federal government.
States could (and did) restrict speech, press, and assembly without violating the U.S. Constitution.
The Danger
A "Patchwork of Liberty" — your rights depended on which side of a state line you stood on.
The Game Changer
The 14th Amendment (1868)
"...nor shall any STATE deprive any person of life, liberty, or property, without due process of law..."
This single sentence gave the Supreme Court the "hook" it needed to force states to follow the Bill of Rights.
Selective Incorporation
The Court didn't apply the whole Bill of Rights at once. They did it case-by-case over 100+ years.
The Standard
Is the right "fundamental to the American scheme of justice"?
Incorporated Rights:
1st Free Speech (Gitlow, 1925)
6th Right to Lawyer (Gideon, 1963)
2nd Bear Arms (McDonald, 2010)
? 3rd & 7th (Not yet!)
The Power Shift
How does selective incorporation change the balance of power between States and the Federal Government?
States lose the power to restrict certain rights.
Federal Courts gain the power to review state laws.
Digital Privacy Docket Worksheet The Digital Rights Docket
Modern Privacy & The 4th Amendment
NAME: __________________________
DATE: ___________________________
Hook: What do they know?
Take 2 minutes to check your phone settings (Privacy > Location Services or Tracking). Note three pieces of data your phone is currently collecting about you:
Do you have a "reasonable expectation of privacy" for this data if the police want it without a warrant?
Precedent: Carpenter v. US (2018)
The Facts: Police obtained months of cell-site location information (CSLI) for a robbery suspect from his phone provider without a warrant.
The Ruling: The Supreme Court ruled (5-4) that the government must have a warrant to access such data because location tracking is a "detailed chronicle of a person's physical presence."
The "Third-Party Doctrine" Challenge:
Historically, you have NO privacy for info you give to a "third party" (like a bank or phone company). Why did the Court make an exception for cell phone data?
Supreme Court Simulation: Evergreen v. State (Hypothetical)
The Situation: A city installs "Smart Streetlights" that record high-definition audio and video 24/7. They use AI to flag "aggressive voices." Police arrested Alex after the AI flagged a conversation he had on a public sidewalk. Alex sues, claiming his 4th Amendment rights were violated because he wasn't "doing anything illegal" and had a right to a private conversation.
Arguments for Privacy:
Arguments for Security:
Supreme Court of the United States
October Term, 2026
ALEX EVERGREEN, Petitioner
v.
STATE OF NEW CALEDONIA
CHIEF JUSTICE _______________ delivered the opinion of the Court.
I. The Decision (Who wins?)
We hold that the government's use of AI-monitored streetlights ( does / does not ) constitute an "unreasonable search" under the Fourth Amendment because...
II. Legal Reasoning (Apply Tinker, Schenck, or Carpenter)
The Fourth Amendment's purpose is to protect people, not places. In this case, the expectation of privacy is...
III. The Balancing Test (Liberty vs. Security)
While the State has a compelling interest in public safety, we must balance this against...
Associate Justice Signature
Modern Privacy Slides Is Your Phone a Snitch?
Privacy in the Digital Age
"Check your 'Location History' settings. The government didn't exist when this tech was made... does the 4th Amendment still work?"
The "Reasonable Expectation"
Old Standard
Privacy is about places (your house, your papers).
New Standard
Privacy is about information that reveals your whole life.
Katz v. US (1967)
"The Fourth Amendment protects people, not places."
If you seek to keep something private, even in a public booth, it can be protected.
2018
Carpenter v. United States
Police tracked a suspect's location data for 127 days without a warrant.
The Issue
Usually, you lose privacy when you give data to a company (Third-Party Doctrine).
The Verdict
The government MUST have a warrant. Cell phones are "indispensable" and reveal too much for the old rules to apply.
Mock Trial Case Study
Evergreen v. State
"Smart Streetlights" use AI to record and flag aggressive conversations in public. Police arrest Alex based on an AI-flagged sidewalk chat.
Argue for Privacy
Sidewalks shouldn't be "police states." AI makes mistakes.
Argue for Security
Public spaces have no privacy. AI prevents crime before it happens.
Become the Court
Your job: Write the Majority Opinion.
1. State who wins the case.
2. Explain the legal reason using the 4th Amendment.
3. Create a rule for future technology.
