The Bill of RightsAmendments 1 -10

1st AmendmentFreedom of

SpeechPressReligionAssemblyPetition

Freedom of ReligionEstablishment Clause:

Creates a separation of church and state

Free Exercise Clause:Protects people’s right to believe what thy wish in matters of religion

Speech & PressGuarantee the right to speak,

write, and symbolically communicate most ideas

Ensure people’s rights to hear those ideas

Press and SpeechSlander:

False SPEECH intended to hurt a person’s reputation

Libel: False written word intended to hurt a person’s reputation

What is not protected?Endangering Nation’s safety

Violating another person’s individual rights

Example: Fire & Bomb

Assembly & PetitionProtect the people’s right to

assemble peaceably to express their views

Ensure people’s right to bring their views to public attention

2nd AmendmentRight to bear arms Individual or state militia?Brady Bill (November 30, 1993)

Waiting Period Criminal Background Check

3rd Amendment Quartering of Troops Why did the framers put this into

the Constitution? Are we concerned with this

amendment today? Forgotten Amendment

4th Amendment Protects against unreasonable

searches and seizures Search or arrest must be based on

probable cause Search or arrest requires a search

warrant / arrest warrant Reasonable suspicion

Probable CausePolice must have evidence to believe that a person is linked to a crime

Search warrant

Reasonable Suspicion

Police must have reasonable basis to searchCarStop & Frisk on the street if

officer feels that someone is a threat

Reasonable Suspicion in SchoolTeachers & Administrators

BackpacksLockersCarsAnything on school property

5th Amendment Habeas Corpus Eminent Domain Double Jeopardy Ex Post Facto

Grand Jury Self Incrimination Miranda Rights Due Process

Habeas Corpus Latin for “ They shall have the body” You can be kept in jail until your trial or

hearing legally without bail Danger to yourself Danger to the public Commit another crime Not return for your trial (flight risk)

Eminent Domain Government can take your private

property for public use. They must pay fair market value Example: Grandma lives on 20 acres in

the center of Anytown, USA. The government of Anytown decides that they would like to put a park where Granny’s house is. They can do it!

Due Process Government must follow

constitutional procedures in trials. No loss of life, liberty, or prosperity

with out due process Warrant – Arrest- Miranda Rights –

Hearing – Trial – Incarceration

Ex Post Facto After the fact Example: Today the federal government

makes it illegal to eat a Snickers bar. Are you breaking the law if you eat a Snickers

today? Are you breaking the law if you ate a Snickers

yesterday?

Grand JuryJury of 12 to 15 membersDecide whether there is enough evidence to hold a trial

Self IncriminationYou do not have to bear

witness against yourselfImmediate family are also

includedPlea the 5th

Double JeopardyCan’t be tried twice for the same crime

5th Amendment Review Habeas Corpus

Eminent Domain

Double Jeopardy

Ex Post Facto

Grand Jury

Self Incrimination

Due Process

Miranda Rights

6th Amendment Speedy Public Trial Right to a Jury Trial Right to a Lawyer

court appointed if you can not afford one

Accused can ask to be tried by Judge Change of Venue:

Move to another location if the accused feels won’t have a fair trial in original location

Miranda Rights 5th & 6th Amendments – Due Process & Rights of the Accused

Established by the Supreme Court case Miranda v. Arizona

The court has ruled that nothing an arrested person says can be used against them in a trial unless they are told they have certain rights. Included are the right to remain silent &

the right to a lawyer

7th Amendment Jury trial in Civil Suits that are for

more than $400.00 1791 dollars vs. 2004 dollars

Civil Suit: One person suing another – no crime has been committed Example: Judge Judy

8th Amendment Prohibits excessive bail or fines –

Must match the crime Prohibits cruel and unusual punishments

Cutting off your hand for stealing Stocks Guillotine Stoned to death

9th Amendment Rights that are not stated in the

Constitution are given to the people “People Powers” Too many to list in the Constitution

Un-enumerated Rights

10th Amendment Powers that are not delegated to the

National government or denied to the states are reserved to the states

“State’s Rights” Reserved Powers

Education – Police - Fire