04 bill of_rightsm
Transcript of 04 bill of_rightsm
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The Bill of Rights
Yesterday, Today and Worldwide
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Klan protests civil rights legislation. Everyone’s speech is protected as long as it doesn’t incite violence.
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A well regulated militia, being necessary to the security of a free state, the right of people to keep and bear arms, shall not be infringed.
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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.
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• No unreasonable searches and seizures or warrants without probable cause
• Warrant must be supported by oath and particularly describe the persons or things to be seized
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• Must be indicted by grand jury before trial except in military
• No double jeopardy• “Plead the 5th” – don’t
have to testify in own case
• Can’t be deprived of life, liberty or property without due process
• Private property cannot be taken for public use without compensation
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• In criminal prosecutions, right to speedy and public trial by an impartial jury from the place the crime was committed
• Accused must be informed of nature and cause of accusation and may confront all witnesses
• Right to assistance of counsel for defense
The Stock Solution Photo Network
http://www.tssphoto.com/ops_html/E1453.html
AP Photo/Nick Ut
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• Civil cases in excess of $20 also have right to jury trial
• No fact tried by a jury may be reexamined but by the common law (court decisions become law – this is why lawyers cite previous cases)
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• Excessive bail shall not be required, nor excessive fines imposed,
• nor cruel and unusual punishments inflicted.
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• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
• (The Constitution is not a complete list – the people may have other rights not enumerated here.)
Former Pentagon employee Linda Tripp was prosecuted for secretly recording conversations with Monica Lewinsky. A right to privacy is not specifically mentioned in the Constitution, but has been protected by the Courts. (see Amendments IV and V)
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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.