THE BILL OF RIGHTS Personal protections and liberties

THE BILL OF RIGHTS Personal protections and liberties added to the Constitution for you!

FIRST AMENDMENT

FIRST AMENDMENT ACTUAL TEXT • 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. MEANING Citizens of the United States have the right to freedom of • religion or lack thereof • speech or speaking out • press or media • assemble or protest • petition or disagree by going to court • Terms to Know: • Slander • Libel

FIRST AMENDMENT Click image for 6 min video Congress Cannot: • Make any law about your religion, or stop you from practicing your religion • Keep you from saying whatever you want • Publishing whatever you want (like in a newspaper or a book) • Congress can't stop you from meeting peacefully for a demonstration to ask the government to change something • Signing a document saying you want something to change (petition)

Freedom of Expression TINKER VS. DES MOINES 1969

Freedom of Expression TEXAS VS. JOEY JOHNSON 1989

Freedom of Religion WESTSIDE COMMUNITY SCHOOLS V. MERGENS

SECOND AMENDMENT

SECOND AMENDMENT ACTUAL TEXT MEANING • 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. Right to bear arms: • You can have a weapon in your possession if you go through the proper channels (permits/registration)

SECOND AMENDMENT • State militias are no longer necessary and have been folded in to the national military • Citizens now can keep guns (arms) to protect themselves from criminals • Citizens may keep guns for hunting • Gun owners must acquire a permit • Reserved powers allow states to make laws regarding gun ownership • Concealed Weapons • Waiting periods

THIRD AMENDMENT

THIRD AMENDMENT ACTUAL TEXT • 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. MEANING Right to refuse Quartering by the military • The military cannot take over your home regardless of the circumstances (war or peace) • You do not have to let soldiers live in your house, except if there is a war and only if Congress has passed a law.

FOURTH AMENDMENT

FOURTH AMENDMENT ACTUAL TEXT • 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. MEANING Search & seizures: • You have the right to privacy, no unreasonable search and seizure without official search warrants. • Search must be specific to item on warrant • Nobody can search your body, house, papers and things unless they can prove to a judge (get a search warrant) that they have good reason (probable cause) to think you have committed a crime

FOURTH AMENDMENT

FIFTH AMENDMENT

FIFTH AMENDMENT ACTUAL TEXT MEANING Amendment V 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 or public danger; nor shall any person be subject for the same offence 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. • Rights of ACCUSED persons: • cannot be put on trial for capital crime/felony without Grand Jury indictment – has to be enough evidence to be within reason • double jeopardy-cannot be tried for same crime twice • right to refuse to speak at trial (5 th amendment right) if it will incriminate self • due process (same process for everyone) • private property = not taken w/o compensation (eminent domain)

FIFTH AMENDMENT • If you are accused: • You can't be tried for any serious crime without a Grand Jury meeting first to decide whethere's enough evidence for a trial. • And if the jury decides you are innocent, the government can't try again with another jury. • You don't have to say anything at your trial. • You can't be killed, or put in jail, or fined, unless you were convicted of a crime by a jury. • And the government can't take your property or anything that is yours, unless the government pays for it.

SIXTH AMENDMENT

SIXTH AMENDMENT ACTUAL TEXT Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a 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 of 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 defence. MEANING Right to speedy & fair/public trial: • trial = within a reasonable amount of time • jury = citizens of area where trial held; randomly drawn • no witness = hidden; must face accused (*children) • right to counsel • Must be informed of charges • Miranda rights: “You have the right to remain silent, anything you can say can and will be used against you in a court of law; you have the right to an attorney, if you cannot afford one will be appointed to you by the court of law. Do you understand these rights as I have just read them to you? ”

SIXTH AMENDMENT • If you're arrested: • you have a right to have your trial pretty soon • the government can't keep you in jail without trying you • the trial has to be public, so everyone knows what is happening • the case has to be decided by a jury of ordinary people from your area • You have the right to know what you are accused of • You have the right to see and hear the people who are witnesses against you • You have the right to have the government help you get witnesses on your side • and you have the right to a lawyer to help you.

Right to Counsel MIRANDA V. ARIZONA 1966

SEVENTH AMENDMENT

SEVENTH AMENDMENT ACTUAL TEXT Amendment VII • 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 reexamined in any Court of the United States, than according to the rules of the common law. MEANING • Civil suits: • over $20* can go to court – now = a certain level of $ per state otherwise go to “small claims” court • over certain amount (~$500) = felony

SEVENTH AMENDMENT • You also have the right to a jury when it is a civil case • a law case usually between two people rather than between you and the government. • Usually these cases concern $$

EIGHTH AMENDMENT

EIGHTH AMENDMENT ACTUAL TEXT Amendment VIII • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. MEANING Bail & punishment: • no cruel & unusual punishment • bail must be set to fit crime accused

EIGHTH AMENDMENT • The government can't make you pay more than is reasonable in bail or in fines • The government can't order you to have cruel or unusual punishments (like torture) even if you are convicted of a crime

NINTH AMENDMENT

NINTH AMENDMENT ACTUAL TEXT MEANING Amendment IX • The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Powers reserved to the people: • Anything not written in the Constitution can be examined, added, or revised in the Constitution if it affects a person

NINTH AMENDMENT • Just because these rights are listed in the Constitution doesn't mean that you don't have other rights too.

TENTH AMENDMENT

TENTH AMENDMENT ACTUAL TEXT Amendment X • 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. MEANING Powers reserved to the States: • Anything not written in the Constitution can be examined, added, or revised in the Constitution if it affects a state

TENTH AMENDMENT • Anything that the Constitution doesn't say that Congress can do should be left up to the states, or to the people.