The Bill of

Liberties

The Bill of Rights: A Charter ofLiberties

Although the terms are usedinterchangeably, a useful distinction

can be made between

civil libertiesand

civil rights

Rights and Liberties

CIVIL LIBERTIES are protections of citizens from unwarranted government action.

CIVIL RIGHTS describe government’sresponsibility to protect citizens.The Bill of Rights’ emphasis on limiting the powers of the national government makes it more a “bill of liberties”

Civil LibertiesAs restraints on government action, there are

at least two kinds of civil liberties:

1.Substantive liberties are restraints on what the government shall and shall not have the power to do.

2. Procedural liberties are restraints on how the government is supposed to act when it acts; for example, citizens are guaranteed “due process of law” when accused of a crime.

Nationalizing the Bill of Rights

Throughout American history, the Courts have wrestled with the question of whether the Bill of Rights restrains only the national government or are its protections applicable to the states.

The 1st Amendment

Can• Teach about religions in

school• Allow voluntary prayer in

many examples• Transport students to a

religious school• Read Bible for culture or

literacy content

Cannot• Set a state religion • Government cannot order a

prayer• Teach religious doctrine in

the school• Pay seminary teachers• Teach creationism

Establishment clause of the 1st AmendmentGovernment

Free Exercise clause of the 1st Amendment

People

Can• Choose whatever religion

they wish to worship.• Lead a prayer in most

examples• Ask questions about

religions • Worship whomever want

you

Cannot• Break the law and claim it is

religious belief• Raise children without

education• Deprive children of basic

needs

Free speech– The individual can:

• Profess any political belief• Protest (without getting out of control)• Say things about someone that are true• Burn the flag• Say racist and hate slogans• Free speech means someone might say

something you disagree with

Free speechlimits on the person

• Threaten to blow up airplanes, schools or the president

• Sexual harassment• Create too much social chaos• Extremely crude language in a public form• Disrespectful, vulgar language in schools• Hate crimes

Freedom of the press-the pressCan Cannot

• Print any political position

• Make fun of people, especially politicians

• Expose wrongs by the government

• Say things you might not agree with

• Libel– intentionally injuring a person’s reputation by false facts

• Disclose defense-security secrets

• Detail how to make a certain weapons

The right to assemble is not an absolute right. There are some restrictions on this right as there are with other rights.

The government may place restrictions on the right to assemble that will maintain law and order, facilitate traffic, protect private property and reduce noise congestion.

Reasonable restrictions would include such things as requiring permits to hold a large public gathering in a park or to hold a parade downtown, making local curfews for teenagers or preventing protesters from holding up traffic.

Freedom of Assembly

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.

2nd Amendment

3rd Amendment

This Amendment is a right of states todecide for themselves

The 4th Amendment

Fourth Amendment• What does a police

officer need in order to search your home or seize your property? – A warrant given to

him by a judge – Probable cause is

also needed

The 5th Amendment

Fifth Amendment• You cannot be tried for the same crime twice

called “Double Jeopardy”• You do not have to testify against your self. “I

plead the fifth”• You must have due process of law before you are

convicted• The government cannot take your land unless it

pays you a fair price.• You must be indicted by a Grand Jury before

standing trial for a crime.

Sixth Amendment• Right to speedy trial by

impartial jury—meaning not favoring either side

Sixth Amendment continued

• You must be told of charges

• You must be provided a lawyer if you cannot afford one

The British Crown had created separate courts for the colonists that did not allow juries to decide the cases. Because the colonists' juries were consistently rejecting British law and undermining the wishes of the King and Parliament.

The 7th Amendment

This was one of the colonists' ways of protecting themselves from unjust laws and it leads to the second reason the Founders included the 7th Amendment in the Bill of Rights - trial by jury provides a bulwark for the people against the government. Juries are not required to base their decisions on the wishes of government officials, but can choose to declare a person innocent of a crime they are accused of committing if they think it is the right thing to do so.

The 7th Amendment

The 8th Amendment

Capital punishment or execution is still argued about today and probably always will be. Some argue that it helps stop others from committing crimes because they won't want to be executed. Others argue that no matter how terrible the crime, the state does not have the right to kill a human being. Each state decides whether or not to have executions.

Capital punishment or execution is still argued about today and probably always will be. Some argue that it helps stop others from committing crimes because they won't want to be executed. Others argue that no matter how terrible the crime, the state does not have the right to kill a human being. Each state decides whether or not to have executions.

Capital punishment or execution is still argued about today and probably always will be. Some argue that it helps stop others from committing crimes because they won't want to be executed.Others argue that no matter how terrible the crime, the state does not have the right to kill a human being. Each state decides whether or not to have executions.

Eighth Amendment

• No excessive bail• No cruel and

unusual punishment

Prisoner kissing his Mom in prison

The U.S. Supreme Court rule in 1976 that the death penalty was constitutional.Since 1976 there have been 628 inmates executed.

Firing Squad - 3 Hanging - 4 Lethal Gas - 7 Electric Chair - 11 Lethal Injection - 33

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

9th Amendment

It assures people that there are rights that members of a free society are entitled to, although neither Madison nor any of the other founding fathers ever stated just what they thought these rights were. Some people believe that they include the so-called natural rights including life, liberty, and property, or the right to pursue happiness.

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.

10th Amendment

The governmental powers not listed in the Constitution for the national government are powers that the states, or the people of those states, can have.

Examples: The states determine the rules for marriages, divorces, driving licenses, voting, state taxes, job and school requirements, rules for police and fire departments, and many more.