THE BILL OF RIGHTS

The first 10 amendments to the Constitution are known as the Bill of Rights. These amendments limit the power of the government.

The personal rights guaranteed in the Bill of Rights can be exercised by all Americans as long as the rights of others are not violated in the process.

THE FIRST AMENDMENT

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The First Amendment protects the civil liberties of the individuals in the United States. There are SIX liberties guaranteed in the First Amendment.

FIRST AMENDMENT

“Congress shall make no law respecting an establishment of religion…” This is known as the ESTABLISHMENT CLAUSE because it prevents the government from establishing a national church of the United States.

FIRST AMENDMENT

How does the Establishment Clause affect students in public schools?

FIRST AMENDMENT

“…or prohibiting the free exercise thereof…” This is the Free Exercise clause. The government cannot prevent people from worshipping in any manner that they please.

FIRST AMENDMENT

Freedom of speech and press—people must be free to question the government, express themselves, and exchange information without the fear of harm or arrest.

LIMITS TO THE FREEDOM OF SPEECH OR PRESS

SLANDER—saying a lie meant to damage a person’s reputation.

LIBEL—slander that is published.

Anything that would endanger the nation or public.

FIRST AMENDMENT

The right to assembly means that people can hold meetings to discuss public issues.

FIRST AMENDMENT

The right to petition the government means that people can ask the government to correct a wrongful situation.

The rights listed in the First Amendment let citizens influence the government peaceably.

SECOND 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”.

SECOND AMENDMENT

The government can pass laws to control weapons possession (for example,no machine guns)…

SECOND AMENDMENT

…and can pass laws to limit gun licenses (convicted criminals cannot obtain gun licenses).

THIRD AMENDMENT

“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.

THIRD AMENDMENT

This amendment was passed to prevent problems that resulted when the British tried to house troops in colonists’ homes.

THIRD AMENDMENT

In times of national emergency, special laws can be passed for temporarily housing troops.

Amendments 4 thru 8 protect the rights of persons accused of crimes.

The American legal system is guided by the idea that each person is “innocent until proven guilty.” Government tries to protect the accused person’s rights throughout the criminal investigation.

FOURTH AMENDMENT

This amendment protects the right to privacy. A judge must issue a search warrant for the police to search private homes; there must be probable cause and the search warrant must be very specific.

FOURTH AMENDMENT

The courts have ruled that items found during an illegal search cannot be used as evidence during a trial.

FIFTH AMENDMENT

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war public danger; nor shall any person be subject for the some offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

FIFTH AMENDMENT

No one can be tried for a major crime without being charged by a grand jury.

No double jeopardy--citizens cannot be tried for the same crime twice.

Citizens cannot be forced to testify against themselves. No one can be imprisoned, executed, or have property

taken without due process. Limits eminent domain--the government’s power to take

private property for public use.

SIXTH AMENDMENT

“In all criminal prosecutions, the accused shall enjoy the right to speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed or the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

SIXTH AMENDMENT

The right to a “speedy trial” means the accused will not have to wait long for a hearing.

SIXTH AMENDMENT

Guidelines to ensure the trial is fair--the jury must swear to be fair when weighing the evidence, the accused must be told the exact charges against them, the trial cannot be secret…

SIXTH AMENDMENT

…the accused must be present at the trial and have a chance to question the witnesses, the accused may call witnesses to testify for them, and the accused has the right to have a lawyer.

SEVENTH AMENDMENT

“In suits at common law, where the value in the controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.”

SEVENTH AMENDMENT

This amendment allows the right to a trial by jury in civil cases involving more than twenty dollars.

EIGHTH AMENDMENT

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

EIGHTH AMENDMENT

In some cases, the court will decide that an accused person who is awaiting trial can be released from jail if he or she pays bail. Bail is a sum of money or property the accused person agrees to give up if he or she fails to return for trial.

EIGHTH AMENDMENT

Bail must fit the crime; punishments themselves cannot be cruel or unusual--a shoplifter cannot be hanged. This amendment has been used to challenge the constitutionality of the death penalty.

NINTH AMENDMENT

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

NINTH AMENDMENT

The rights listed in the Bill of Rights are not the people’s only rights--all of the rights of citizens could not be listed.

TENTH 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.”

TENTH AMENDMENT

This amendment aims to make the state’s relationship to the federal system clear.

The Bill of Rights was added to the Constitution in 1791, during the presidency of George Washington.