The Bill of Rights The first 10 amendments

The Bill of Rights The first 10 amendments To the U. S. Constitution James Madison drafted 12 amendments at the first federal Congress in 1789 as part of the agreement between the Federalists and Anti. Federalists in approving the Constitution Adopted in 1791 Guaranteed individual rights and freedoms to the citizens of America

The First Amendment— 5 rights mentioned n Freedom of Speech n Freedom of Religion n Freedom of the Press n Freedom of Assembly n Right to petition the government

Second Amendment n The right to keep and bear arms

Third Amendment n The government cannot force you to shelter soldiers in your home without your consent in time of war or peace-quartering soldiers.

Fourth Amendment n Right to privacyn No unreasonable searches or seizures n Probable cause is needed for warrants

Fifth Amendment must have due process of law before you are convicted (treated fairly) n You cannot be tried for the same crime twice—called “Double Jeopardy” n You do not have to testify against yourself. “I plead the fifth” n The government cannot take your land unless it pays. n Right to an indictment by Grand Jury for a capital crime n You

n Right Sixth Amendment to speedy, public trial by impartial jury n Right to be informed of the charges n Right to an attorney n Right to confront witnesses n Right to force witnesses to testifycompulsory process

Seventh Amendment n Right to a jury trial in a civil case

Eighth Amendment n No cruel and unusual punishment n No excessive bail

Ninth Amendment n The listing of rights in the Bill of Rights does not limit the people’s rights

Tenth Amendment n Powers not listed in the Constitution belong to the states or the people

The First Amendment: a. Protects 6 rights or Freedoms 1. The Government may not support religion 2. Freedom to practice religion 3. Freedom of Speech 4. Freedom of Press 5. Freedom to Assemble 6. Right to petition the government

Freedom of Religion “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of” n Two clauses: n – Establishment clause-the government may not support religion – Free Exercise clause-Freedom to practice your own religion

Establishment Clause— Government cannot promote religion

Establishment clause-Government Cans Cannot Teach about religions in school n Allow voluntary prayer in many examples n Transport students to a religious school n Read Bible for culture or literacy content n n n Set a state religion Government cannot order a prayer Teach religious doctrine in the school Pay seminary teachers Teach creationism

Free exercise of religion

Free Exercise—The person Cannot n n Choose whatever n Break the law and religion claim it is religious belief Lead a prayer in most examples n Raise children without education Ask questions about religions n Deprave children of basic needs Worship who ever you want

Freedom of Expression The four rights in the first amendment of speech, press, assembly and petition are collectively known as freedom of expression What is Expression? What is Speech? 1. In addition to words, speech may be symbolic. Actions that express an idea are protected the same as speech. Tinker v. The Des Moines Independent School District 2. Examples: Flag burning, Wearing an armband

Freedom of speech n “Congress shall make no laws. . . abridging the freedom of speech” The main purpose of the first amendment was clearly to protect the right of the people to express opinions about the government

Free speech– The individual can: n Say any political belief n Protest (without getting out of control) n Say things about someone that are true n Burn the flag n Say racist and hate slogans n Free speech means someone might say something you disagree with

Free speech—limits on the person 1. Fighting Words: Words or actions that a reasonable person would expect to cause a violent reaction are not protected. 2. Safety: If the words or actions create a “Clear and Present danger” they are not protected. 3. National Security: If the words incite people to immediate violence then they are not protected. 4. Obscenity: Obscene or pornographic expression is not protected and is strictly limited 5. Education: Schools are special places. Students have the right to free expression except when it interferes with the education process

Freedom of the press n Congress shall make no law. . . abridging. . . the freedom of the press. ”

Freedom of the press-the press Cannot n n Print any political position Make fun of people, especially politicians Expose wrongs by the government Say things you might not agree with Libel– intentionally injuring a person’s reputation by false facts n Disclose defensesecurity secrets n Detail how to make a certain weapons n

Freedom of Assembly n Congress shall make no law. . . Abridging. . . The people to peaceably assemble”

Freedom of Assembly--Individual Cannot n Protest by throwing rocks and breaking n Parade (with a windows permit) n Hang out on n Parade chanting private land against hate slogans owners will— n Gang members can loitering congregate in n Teen curfew public

Petition the Government n “Congress shall make no law. . . Abridging. . . the people. . . to petition the government for a redress of grievances”

Petition the government n You may sue the government for wrongs n You cannot be punished for exposing wrongs by the government n The courts decide the wrongs

2 nd Amendment—Right to bear arms n “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. ”

What is the debate with the right to bear arms? How much can the government keep guns from criminals and youth? n In order to keep guns away from criminals, does that limit the right of law abiding citizens? n

Gun debate continued Thousands of people die every year because of guns n Thousands of crimes are prevented because of guns n Shoes representing gun deaths.

Rights of the Accused Amendments #4 -8 Important to preserve freedom