Bill of Rights
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Transcript of Bill of Rights
THE BILL OF RIGHTS
NOTES
General Information• First 10 Amendments to the Constitution• Ratified in 1791• Essential component of LIMITED
GOVERNMENT in the United States (Hmmm…I wonder if Mrs. C. is going to expect me to explain this on a test?)
The FIRST Amendment• Protects 5 basic freedoms
o Freedom of RELIGIONo Freedom of SPEECHo Freedom of the PRESSo Freedom of ASSEMBLYo Freedom to PETITION the government
(Hmmm…Mrs. C. is probably going to want to know if I think the government should ever limit these rights…)
Freedom of RELIGION• First Amendment protects religious
freedom in two ways:o The government can not establish an
official religiono Americans have the right to practice
religion as they wish
Freedom of SPEECH• Limiting Free Speech
o The Constitution does not permit speech that harms other people, SLANDER for example
• Extending Free Speecho The Constitution does protect SYMBOLIC
SPEECH
(Hmmm…What about burning an American flag in protest? Is that protected?)
Freedom of the PRESS• Limited in many of the same ways as
freedom of speech. For example, you cannot commit LIBEL.
• Also prohibits the government from banning books, magazines, newspapers, or other printed materials.
(But shouldn’t the government be able to ban some offensive materials?)
Freedom of ASSEMBLY• Protects our right to attend meetings,
parades, rallies, etc. • Also protects our right to form and join
organizations.
(Hmmm…but some organizations are mean. Shouldn’t the government ban those?)
Freedom to PETITION• Protects our right to express our ideas
to the government.
The SECOND Amendment• Guarantees the right to BEAR ARMS
(…So do gun control measures like the BRADY LAW violate the Constitution?)
The THIRD Amendment• Limits the power of the national
government to force Americans to QUARTER soldiers
• Least controversial amendment
The FOURTH Amendment• Protects against unreasonable
searches and seizures• Key Terms
o Search Warrant
(What if we could guarantee an end to murder in the United States? Would it be worth giving up the 4th Amendment?)
The FIFTH Amendment• Protects the rights of people accused
of a crime• Key Terms
o Double Jeopardyo Right to Remain Silento Due Process of Lawo Eminent Domain
The SIXTH Amendment• Guarantees additional rights to people
accused of crimes, including the rights to:o Be told the charges against youo A speedy and public trial by a juryo Confront your accuserso Call witnesses in your behalfo Have a lawyer
The SEVENTH Amendment• Guarantees the right to a jury trial in
civil cases
The EIGHTH Amendment• Forbids “excessive” bail and “CRUEL
AND UNUSUAL PUNISHMENTS”
(Does this include the death penalty…?)
The NINTH Amendment• Protects rights not specifically
mentioned in the Constitution
The TENTH Amendment• Maintains that powers not specifically
given to the federal government are reserved for the states
THE BIG QUESTION…
How do we balance the rights of one individual against the rights of others and against the rights of the community?
(Suggestions…anyone? Anyone?)