The Bill of Rights The First 10 Amendments
The Bill of Rights The First 10 Amendments to the Constitution • James Madison wrote the Bill of Rights after being convinced by Jefferson • Approved in 1791 give all Americans basic rights that can’t be taken away
1 st Amendment • The 1 st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. • • • This means that we all have the right to: practice any religion we want to to speak freely to assemble (meet) peacefully to address the government (petition) to publish newspapers, TV, radio, Internet (press)
Limits on Free Speech • Cannot endanger the safety of others • Examples: • Yelling “fire” in a movie theatre to cause a panic • Saying “bomb” on an airplane to scare other people • Reporters can’t intentionally spread lies to try to damage someone’s reputation
Limits on Protests / Meetings • The First Amendment DOES NOT give people the right to protest violently • Parades, protest marches, and political rallies, as long as they are peaceful meetings / demonstrations, can occur on public property under the First Amendment
Separation of Church & State • Government & religion must remain separate • In 1971 S. C. case Lemon v. Kurtzman, Court ruled that a law that used public tax $ to pay for books & teachers’ salaries at private religious schools in Pennsylvania was unconstitutional
2 nd Amendment • The 2 nd Amendment protects the right to bear arms, which means the right to own a gun. • Must be an adult in order to register the gun (illegal to own otherwise)
3 rd Amendment • The 3 rd Amendment says “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. ” • This means that we cannot be forced to house or “quarter” soldiers.
4 th Amendment • The 4 th Amendment protects the people from unreasonable searches and seizures. • This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason).
4 th Amendment Cont. • Cannot be arrested / property searched unreasonably / without good cause • In most cases, a police officer does not have time to receive a warrant from a judge & return to a car, etc. & doing so would endanger his or her safety so the officer needs a good reason to search property before receiving the warrant
5 th Amendment • The 5 th Amendment protects people from being held for committing a crime unless they are properly indicted (accused) • You may not be tried twice for the same crime (double jeopardy) • You don’t have to testify against yourself in court. (Self-incrimination)
6 th Amendment • The 6 th Amendment guarantees a speedy trial (you can’t be kept in jail for long periods of time without a trial) • an impartial jury (doesn’t already think you are guilty) • that the accused can confront witnesses against them • the accused must be allowed to have a lawyer
7 th Amendment • The 7 th Amendment guarantees the right to a jury trial in all but the most minor civil cases • A civil trial differs from a criminal trial. Civil trial = disputes between people or businesses over $, property, or family matters such as divorce. • Criminal trial is when the state tries to convict someone of a crime.
8 th Amendment • The 8 th Amendment guarantees that punishments will be fair and not cruel, and that extraordinarily large fines will not be set.
Death Penalty • In the 1976 S. C. • Still debated case Gregg v. today: some Georgia, the people argue that Court ruled that executing anyone the punishment of is a cruel and death for murder unusual does not violate punishment the 8 th Amendm.
9 th Amendment • All rights not stated in the Constitution and not forbidden by the Constitution belong to the people. • Example: Right to Privacy
10 th Amendment • The 10 th Amendment states that any power not granted to the federal government belongs to the states or to the people.
Powers The Federal System Delegated to National Powers Reserved Government to States Regulate interstate & Foreign trade Establish foreign policy Create corporation laws Raise taxes Start banks Create & maintain armed forces Make copyright & patent laws Borrow money Coin money Administer criminal justice Declare War Provide for public welfare Admit new states Create federal courts Establish postal offices Set standard weights & measures Regulate trade within state Establish & maintain schools Establish local governments Make laws about marriage & divorce Conduct elections Provide for public safety
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