Amendments Bill of Rights Background Bill of Rights

Amendments Bill of Rights

Background � Bill of Rights: The first 10 amendments to the U. S. Constitution, which define basic liberties � States ratifying the Constitution made the inclusion of a Bill of Rights a condition of ratification � 10 of the original 12 proposed amendments were passed as the Bill of Rights in 1791 � Restrict the powers of the national government

1 st 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

1 st Amendment. Freedom of Religion � Establishment Clause ◦ stops gov’t from creating a state religion ◦ gov’t cannot favor one religion over another � Free Exercise Clause ◦ Allows people to practice any religion they want � Congress cannot pass laws curbing people’s rights to believe anything they want, but it can pass laws to stop certain religious practices ◦ polygamy

1 st Amendment. Free Speech � “Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech” –Ben Franklin � Most basic human right � Protected Speech includes: ◦ Print materials– books, newspapers, leaflets, rallies ◦ Symbolic speech– nonverbal expression whose purpose is to communicate ideas � Has limitations- speech may be limited if it presents a “clear and present danger. ” ◦ Schenk v. United States

Speech Not Protected by Constitution � “Fighting Words. . . which by their very utterance inflict injury or tend to incite an immediate breach of the peace � Obscenity ◦ Miller v. California– 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a “prurient interest” and being “patently offensive” and lacking in value � Libel ◦ Publication of false or malicious statements that damage someone’s reputation ◦ Public officials/figures must prove that the defamatory statements were made with “actual malice” and “reckless disregard for the truth” to win suit � Slander ◦ Spoken defamation

Regulated Speech � Commercial Speech � Public Airwaves

1 st Amendment. Freedom of the Press � “Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter. ” – Thomas Jefferson � A free and independent press is necessary for democracy � Has limitations- press may also be limited if it presents a “clear and present danger. ” ◦ Schenk v. United States

1 st Amendment. Freedom of Assembly � Literal right to assemble– gather together in order to make a statement-- Rights to parade, picket, and protest ◦ Must be within reasonable limits (time, place, and manner restrictions) ◦ Cannot cause major disruptions/must allow people to go about their normal business ◦ Usually requires application to local city government for a permit and post bond � Right to Associate– right to associate with people who share a common interest, including an interest in politcal change

2 nd Amendment. Right to Bear Arms � Meant to protect citizens and their right to carry guns, safeguarding them against a government that was too strong. Only an armed citizenry could do that. � Not the right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.

3 rd Amendments. Quartering of Soldiers � No quartering of Troops in homes during peacetime � “a man’s house shall be his own castle, privileged against all civil and military intrusion. ” – Justice Joseph Story 1833

4 th Amendment. Searches and seizures � No unreasonable searches and seizures

Amendment 5 Grand juries, double jeopardy, self -incrimination, due process, eminent domain � Grand jury indictment required for prosecution of serious crime � No second prosecution fro the same offense � No compulsion to testify against oneself � No loss of life, liberty, or property without due process of law � No taking of private property for public use without just compensation

Amendment 6 Criminal Court Procedures � Right to a speedy and public trial by a local, impartial jury � Right to be informed of charges against oneself � Right to legal counsel � Right to compel the attendance of favorable witnesses � Right to cross-examine witnesses

Amendment 7 Trial by Jury in Common-Law Cases � Right to jury trial in civil suit where the value of controversy exceeds $20

Amendment 8 Bails, Fines, and Punishment � No excessive bail or fines � No cruel and unusual punishments

Amendment 9 Rights retained by the people � Unlisted rights are not necessarily denied

Amendment 10 Rights reserved to the states � Powers not delegated to the national government or denied to the states are reserved for the states or the people