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The Bill of Rights

The Bill of Rights. Chapter 4 Sections 1 and 2. Purpose. Protect individual rights Ex. Freedom of speech, right to bear arms Restrict the government Ex. Quartering troops, property rights, rights to the states Protect the accused Ex. Trial by jury, no cruel or unusual punishment

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The Bill of Rights

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  1. The Bill of Rights Chapter 4 Sections 1 and 2

  2. Purpose • Protect individual rights • Ex. Freedom of speech, right to bear arms • Restrict the government • Ex. Quartering troops, property rights, rights to the states • Protect the accused • Ex. Trial by jury, no cruel or unusual punishment • Antifederalists wanted to add this to the Constitution before it was ratified

  3. 1st Amendment • Freedom of Religion • Freedom of Speech • Freedom of the Press • Government can not censor because it contains offensive ideas • Freedom of Assembly • So long as its peaceful and law abiding • Freedom of Petition • Formal request • Limits: slander and libel • Slander- spreading lies (spoken) • Libel- spreading lies (printed)

  4. 2nd Amendment • The right to bear arms (keep/own guns)

  5. 3rd Amendment • Not forced to quarter troops • Do not have to house troops/soldiers • Memory from Great Britain and the Intolerable Acts

  6. 4th Amendment • Protection against “unreasonable searches and seizures” • Seizure- take • Can not search without probable cause • In order to search, must have a search warrant • Police use probable cause to get a search warrant from a judge • Can search without warrant in some cases: in plain sight, you consent

  7. 5th Amendment • Due Process of Law (can not be deprived life, liberty, or property without all rights guaranteed in the constitution given) • Indictment by a Grand Jury • Officially charged with a felony, enough evidence to do to trial • No double jeopardy • Can not be charged twice for the same crime • No self-incrimination • Plead the 5th, do not have to incriminate yourself in trial • Eminent domain • Private property may be taken, but only with fair compensation

  8. 6th Amendment • Criminal Cases (arrested, guilt vs. innocence) • Speedy, public trial • Not defined, what is it?, who decides?, how? • Decision from an impartial jury • Lawyers decide who is impartial and pick a jury • Right to know the charges • Must tell you the charges • Right to cross-examine witnesses • Right to an attorney

  9. 7th Amendment • Civil Cases (2 parties disagree, lawsuit) • Right to a jury in a civil case with a dispute of more than $20 • Usually don’t have a jury because most cases want to be private (divorce, child custody, sue) • If one side wants a jury, they must have one

  10. 8th Amendment • Punishment • Prohibits “cruel and unusual punishment” • Not defined, what is it?, who decides?, how?, what about capital punishment • Prohibits excessive bail • Bail • Money you pay promising to return to the trial (5% down) • You can pay or if you can’t afford, you use a bail bondsman • You get the money back when you return to the trial • If you do not return you owe all of bail, there is a warrant for your arrest, bounty hunter comes to find you, court can take your personal property

  11. 9th Amendment • Powers of the People • Powers not specifically states are not necessarily denied to the people • This is an example of flexibility left by the founding fathers because they knew times would change and they couldn’t predict future circumstances

  12. 10th Amendment • Powers of the State • Powers not specified are given to the state and people • Ex. Education and public schools • Another show of our founding fathers flexibility

  13. Rights/Powers • Federal- Enumerated Powers (aka Delegated) • Shared- Concurrent Powers • State- Reserved Powers

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