The Bill of Rights The first 10 amendments
The Bill of Rights: The first 10 amendments to the U. S. Constitution Ø 1 st Ø 2 nd Ø 3 rd Ø 4 th Ø 5 th Ø 6 th Ø 7 th Ø 8 th Ø 9 th Ø 10 th 1
Contents Who determines what the Bill of Rights mean? n n The Supreme Court makes rulings on the meaning. The Supreme Court balances the rights of the individual with the needs of society. 2
Contents 1 st Amendment = 5 rights n n n Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly Freedom to petition the government 3
Contents Free Speech n n “Congress shall make no laws. . . abridging the freedom of speech. ” Limits: n n n Threaten to blow up airplanes, schools, or the president Sexual harassment Create too much social chaos Extremely crude language in a public forum Disrespectful, vulgar language in schools Hate crimes 4
Contents Free Speech: Individuals can… n n n Say any political belief Protest (without getting out of control) Say things about someone that are true Burn the flag Say racist and hate slogans Free speech means someone might say something you disagree with. 5
Contents Freedom of Religion n n “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of. ” Two clauses: n n Establishment clause Free Exercise clause 6
Contents Establishment and free exercise clause often conflict with each other. n n In schools, the religion issue is most prevalent. A student may raise her hand say, “Teacher, can we say an opening prayer before this test? ” n If the teacher says: n n “Yes, ” it looks like establishment of religion. “No, ” it is denying a student free exercise. 7
Contents Establishment Clause: Government cannot promote religion. The separation of church and state is a basic principle of the US Constitution. 8
Contents n n Establishment Clause: Government Cans Cannot Teach about religions in school Allow voluntary prayer in many instances Transport students to a religious school Read Bible for culture or literacy content n n n Set a state religion Cannot order prayer Teach religious doctrine in the school Pay seminary or religious school teachers Teach creationism 9
Contents n n n Free Exercise: People Cannot Choose any religion Lead a prayer in most instances Ask questions about religions n n n Break the law and claim it is religious belief Raise children without education Deprive children of basic needs 10
Contents Freedom of the Press n Congress shall make no law. . . abridging. . . the freedom of the press. ” 11
Contents n n Freedom of the Press: The Press Cannot Print any political position Make fun of people, especially politicians Expose wrongs by the government Say things you might not agree with n n n Libel– intentionally injuring a person’s reputation by false facts Disclose classified government secrets Detail how to make a certain weapon 12
Contents Freedom of Assembly n Congress shall make no law. . . Abridging. . . The people to peaceably assemble. ” 13
Contents n n Freedom of Assembly: People Cannot Protest Parade (with a permit) Parade chanting hate slogans Gather in public n n Protest by throwing rocks and breaking windows Hang out (loiter) on private land without owner’s permission 14
Contents Petition the Government n “Congress shall make no law. . . Abridging. . . the people. . . to petition the government for a redress of grievances. ” 15
Contents Petition the government n n n You may sue the government for wrongs. You cannot be punished for exposing wrongs by the government. The courts decide the wrongs. 16
Contents n 2 nd Amendment: Right To Bear Arms “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed. ” 17
Contents What is the debate with the right to bear arms? n How much can the n government do to keep guns from criminals and youth? In order to keep guns away from criminals, does that limit the right of law abiding citizens? 18
Contents Gun Debate Continued… n n Thousands of people die every year because of guns. Yet, some crimes are prevented because of guns. Shoes representing gun deaths. 19
Contents 3 rd Amendment n The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace. 20
Contents Amendments 4 -8 Preserve the Rights of the Accused. 21
Contents 4 th Amendment n What does the government need in order to search your home? n n Probable cause A warrant given by a judge 22
Contents n n You cannot be tried for the same crime twice; that is called “double jeopardy. ” You do not have to testify against your self. n n n 5 th Amendment “I plead the Fifth!” You must have due process of law before you are convicted. The government cannot take your land unless it pays. 23
Contents 6 th Amendment: Speedy Trial and Lawyer n n n You have the right to speedy trial by an impartial jury (not favoring either side). You must be told of charges. You must be provided a lawyer if you cannot afford one. 24
Contents 7 th Amendment: Civil Trial by Jury n “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 re-examined in any court of the United States, than according to the rules of the common law. ” The $20 in the amendment doesn’t seem significant now. 25
Contents 8 th Amendment: Bail and Punishment n n No excessive bail No cruel and unusual punishment 26
Contents 9 th Amendment: Rights Reserved to the States n “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ” n n Allows states to grant more rights than given under the Constitution Issues such as n n Gay marriage Drinking age Driving age Abortion limitations 27
Contents 10 th Amendment: Rights Reserved to the People n “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. ” n If the federal and state governments do not prohibit something, than the people are allowed to do it. 28
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