BILL OF RIGHTS (1791)

1. BILL OF RIGHTS (1791) • The Bill of Rights places strict limits on how the national govt. can use its power over the people • First: -Protects five basic freedoms- Religion, Speech, Press, Assembly and Petition • (RAPPS) • Second-Guarantees the right to serve in state militia and bear arms • State militia is a small army • People originally supplied their own weapons for state militias • AMENDMENTS THAT PROTECT US AGAINST THE ABUSE OF POWER • Third-Limits the govt’s power to house soldiers in anyone’s home • Fourth-Protects people from unreasonable search and seizure “(privacy amendment)” • Search warrant-document that allows law enforcement to search a suspect’s home • Judge must be convinced that the search will yield evidence • AMENDMENTS THAT PROTECTS THOSE ACCUSED OF CRIMES AND BROUGHT TO THE COURT • Fifth- Protects the rights of a person accused of a crime and guarantees that no one may be denied life, liberty, or property without due process of law • Due process-set of procedures that must be followed before someone can be denied life, liberty or property • No trial without an indictment-formal accusation by a grand jury • No double jeopardy-second trial for the same accusation • No self-incrimination-testifying against oneself (right to remain silent)

2. AMENDMENTS THAT PROTECTS THOSE ACCUSED OF CRIMES AND BROUGHT TO THE COURT • Fifth- Protects the rights of a person accused of a crime and guarantees that no one may be denied life, liberty, or property without due process of law • Due process-set of procedures that must be followed before someone can be denied life, liberty or property • No trial without an indictment-formal accusation by a grand jury • No double jeopardy-second trial for the same accusation • No self-incrimination-testifying against oneself (right to remain silent) • Laws must be reasonable • Limits on eminent domain-right of the govt. to take private property for public use • Sixth-Lists additional rights of a person accused of a crime, including the right to trial by jury and to be represented by a lawyer • Accused must be told the exact nature of the charges • Trial by jury-speedy, public, impartial jury, trial where crime took place • Accused can ask for a “bench trial”-judge only • Right to hear and question witnesses against accused • Accused can call his/her own witnesses

3. AMENDMENTS THAT PROTECTS THOSE ACCUSED OF CRIMES AND BROUGHT TO THE COURT • Seventh-Guarantees the right to a jury trial in civil cases • Civil case-a non-criminal case • Amount of alleged damage must be over 20.00 • Eighth-Prohibits excessive bail or fines; forbids cruel and unusual punishment • Bail-paid by the accused to make sure that he/she appears in court; returned when he/she shows up • Bail is determined by the type of crime, record of the accused, likelihood of the person appearing • AMENDMENTS THAT ARE REMINDERS OF WHAT THE CONSTITUTION DOES SAY • Ninth-Specifies the rights listed are not the only rights of the people • Tenth-States that powers not specifically assigned to the national govt. belong to the states or the people (reserved powers) • This is an example of federalism!!!! • Source of reserved powers • Regulate trade & commerce within the state • Establish local governments • Conduct elections and determine qualifications for voters • Set up schools • Provide for public safety, health and welfare with the state

4. Exchange of ideas is the hallmark of a free society and the 1st Amendment (religion, assembly, press, petition & speech) are the foundations on which American society rests. • Freedom of Religion • Two ways in which the 1st Amendment safeguards religious freedom • Prohibits Congress from establishing an official religion • Right to practice religion as they wish • Freedom of Speech • Two limits on our freedom of speech • Does not permit speech that hurts others • Slander-speaking lies • Can’t endanger government • Treason-giving military secrets to the enemy • Freedom of expression-art-music-clothing (self-expressing) • Freedom of the Press • Today “the press” means books, newspapers, magazines, radio, TV, computer • Freedom of the press is limited in many of the same was as freedom of speech • Libel-printing lies • Freedom of the press allows us to publish information and read what others publish-govt. can’t ban books or magazines

5. Freedom of Assembly • This right includes assembling peacefully, attend meetings, political rallies, public celebrations and parades • Limits on the freedom of assembly includes where and when and activity can be held • Freedom of assembly also protects our right to form and join organizations • Right to Petition • Petition-formal request signed by a number of people • The right to petition means express our ideas to government • Limits to These Freedoms • First Amendment freedoms do not allow us to break laws • Our rights are relative means that we can’t do whatever we want • When the rights of the individual and the community conflict, rights of the community come first!