THE BILL OF RIGHTS

REASONS AND CONTENTS

REASONS CREATED• RIGHTS WERE NOT LISTED IN THE ORIGINAL CONSTITUTION

• ANTI-FEDERALISTS WANTED A GUARANTEE THAT THE POWER OF THE NEW NATIONAL GOVERNMENT WOULD BE LIMITED

• PROTECTS RIGHTS WHILE LIMITING GOVERNMENT

• AFTERMATH OF ABUSES SUFFERED AT THE HANDS OF ENGLISH RULE

THE BILL OF RIGHTS• PROTECTS INDIVIDUAL RIGHTS

• “CIVIL LIBERTIES”

• PERSONAL FREEDOMS

• LIMITS THE POWER OF THE GOVERNMENT

• CREATES DUE PROCESS

• RULES AND PROCEDURES THAT GOVERNMENT OFFICIALS MUST FOLLOW

• POLICE. ATTORNEYS, JUDGES, ELECTED OFFICIALS, ETC.

1ST AMENDMENT• PROTECTS KEY CIVIL LIBERTIES

• SPEECH

• PRESS

• PETITION

• ASSEMBLY

• RELIGION

• CANNOT ESTABLISH AN OFFICIAL RELIGION OR FAVOR ONE RELIGION OVER ANOTHER

• INDIVIDUALS MAY WORSHIP AS THEY SEE FIT, SO LONG AS IT DOES NOT INFRINGE UPON THE RIGHTS OF OTHERS

2ND AMENDMENT• “A WELL REGULATED MILITIA, BEING NECESSARY TO THE

SECURITY OF A FREE STATE, THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, SHALL NOT BE INFRINGED”

• CREATED – ENGLAND HAD LIMITED THESE RIGHTS; COLONISTS IN SOME AREAS WERE FORCED TO TURN IN WEAPONS

• EFFECTS – LONG LASTING DEBATE OVER MEANING

• INDIVIDUAL RIGHTS INTERPRETATION = ALL CITIZENS HAVE THE RIGHT TO OWN GUNS

• COLLECTIVIST INTERPRETATION = AMENDMENT WAS AIMED AT GROUPS, SUCH AS MILITIAS AND THE MILITARY

3RD AMENDMENT

4TH AMENDMENT

THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST UNREASONABLE SEARCHES AND SEIZURES, SHALL NOT BE VIOLATED, AND NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SEIZED.

Beginning of the “due process” amendments – relates to your rights when suspected of a crime

PRIVACYa

s

REASON AND

SUPPORT

5TH AMENDMENT

• MUST BE OFFICIALLY CHARGED WITH CRIME BY A GRAND JURY

• CANNOT BE TRIED FOR THE SAME CRIME TWICE

• FREEDOM FROM “DOUBLE JEOPARDY”

• NOT FORCED TO BEAR WITNESS AGAINST YOURSELF

• “PLEAD THE 5TH” = RIGHT TO REMAIN SILENT

• CANNOT BE “DEPRIVED OF LIFE, LIBERTY OR PROPERTY WITHOUT DUE PROCESS OF LAW”

• MUST BE PAID FOR PRIVATE PROPERTY TAKEN FROM YOU

• EMINENT DOMAIN

Continuation of the “due process” amendments – relates to your rights when arrested for a crime

6TH AMENDMENT• ENTITLED TO A FAIR AND SPEEDY TRIAL

• IMPARTIAL JURY, PUBLICLY HELD, IN STATE WHERE CRIME OCCURRED

• INFORMED OF CHARGES

• ABILITY TO CONFRONT WITNESSES

• RIGHT TO AN ATTORNEY

Continuation of the “due process” amendments – relates to your rights when tried for a crime

7TH AMENDMENT•“IN SUITS AT COMMON LAW, WHERE THE VALUE IN

CONTROVERSY SHALL EXCEED TWENTY DOLLARS, THE RIGHT OF TRIAL BY JURY SHALL BE PRESERVED, AND NO FACT TRIED BY A JURY, SHALL BE OTHERWISE RE-EXAMINED IN ANY COURT OF THE UNITED STATES, THAN ACCORDING TO THE RULES OF THE COMMON LAW”

8TH AMENDMENT •NO EXCESSIVE BAIL

•NO EXCESSIVE FINES

•NO CRUEL OR UNUSUAL PUNISHMENT

Continuation of the “due process” amendments – relates to your rights when convicted of a crime

9TH AND 10TH AMENDMENTS• 9TH AMENDMENT

• “THE ENUMERATION IN THE CONSTITUTION, OF CERTAIN RIGHTS, SHALL NOT BE CONSTRUED TO DENY OR DISPARAGE OTHERS RETAINED BY THE PEOPLE. “

• JUST BECAUSE A RIGHT ISN’T SPECIFICALLY LISTED DOESN’T MEAN THAT THE CITIZENS DON’T HAVE THAT RIGHT

• 10TH AMENDMENT

• “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.”

• ANYTHING NOT SPECIFICALLY LISTED AS A NATIONAL POWER IS A STATE POWER