Bill of Rights

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Transcript of Bill of Rights

Page 1: Bill of Rights

Bill of rights Are all your rights in the bill of rights?

o No. The bill of rights is essentially just a list of some of your rights. It does not contain all of your rights.

o The bill of rights states most of your major and significant rights

o When you talk of rights, it’s not something you can just ask from anyone

o Bill of Rights are rights you can enforce against the government; you can ask for these rights from the government

Can you use the bill of rights against a person who violated it?

o Generally, the answer is NO. You cannot hold your bill of rights against private

citizens. Right to association: right to group, to associate

o If you commit a crime through that association, then you’re guilty of crime

Due process: right to be heard Section 2:

o They can arrest you without warrant under 3 conditions:1. If you’re caught in action: infrangrante

delicto2. Hot pursuit: if somebody in close

proximity of the crime acts suspicious in relation to the crime, people of authority can arrest the person

3. If the person is already a fugitive of the law

Section 3: Privacyo How about facebook post? Is it private?

No. because it is not intended or expected to be private, then the right of privacy no longer applies as against the government

What if the source is illegally tapped? Am I protected by my right to privacy? Yes. Freedom of speech is not absolute: exceptions are (1)

hate speech; (2) fighting speech Section 6: Right to travel Section 7: Right to information Section 10: Right against non-impairment of contracts: If

we have a contract right now that is valid and legal and the gov’t says tomorrow that it is illegal, our contract would still remain valid; the law would not have a retroactive effect on already existing contract prior to the law

Section 12: Miranda rights- when somebody is arrested, they have to be informed of what crime they committed: it is constitutional right in PH; statutory right in US

Section 13: Right towards bail; not absolute; if the evidence is strong and your crime is strong, they cannot avail the right to bail

Section 15: Writ of habeas corpus

Section 17: Right against self-incrimination; only applies in criminal cases

Section 18: Political rights: the gov’t cannot penalize you for political speech

Section 19: Voluntary servitude Section 21: Double jeopardy Section 22: You cannot criminalize something that is

done yesterday/before