Bill of Rights: The 1st Amendment February 17, 2016

/ Anti-Federalists would NOT ratify Constitution unless Bill of Rights added / Bill of Rights: 1st 10 amendments to the Constitution / Rights of the PEOPLE / Place limits on power of Gov’t / Amend: change/ addition / 1st Amendment: freedom of EXPRESSION 1. Religion 2. Speech 3. Press 4. Assembly 5. Petition the Gov’t / Anti-Federalists would NOT ratify Constitution unless Bill of Rights added / Bill of Rights: 1st 10 amendments to the Constitution / Rights of the PEOPLE / Place limits on power of Gov’t / Amend: change/ addition / 1st Amendment: freedom of EXPRESSION 1. Religion 2. Speech 3. Press 4. Assembly 5. Petition the Gov’t

Freedom of Religion 1. Establishment Clause: gov’t cannot establish their own national religion 2. Separation between Church & State o Government STAY OUT of Church 3. Right to practice religion as wish o As long as you DON’T BREAK LAWS Freedom of Religion 1. Establishment Clause: gov’t cannot establish their own national religion 2. Separation between Church & State o Government STAY OUT of Church 3. Right to practice religion as wish o As long as you DON’T BREAK LAWS

Freedom of Speech / Free to say whatever is on mind without punishment from gov’t / Includes: music, internet, speaking, art, clothing, tattoos, etc. / Not ABSOLUTE FREEDOM: / No endanger gov’t/people (ex: FIRE!!) / Provoke riot / Speech that leads to criminal acts / Slander: spoken lies Freedom of Speech / Free to say whatever is on mind without punishment from gov’t / Includes: music, internet, speaking, art, clothing, tattoos, etc. / Not ABSOLUTE FREEDOM: / No endanger gov’t/people (ex: FIRE!!) / Provoke riot / Speech that leads to criminal acts / Slander: spoken lies

Freedom of Press / Gov’t cannot CENSOR / Censor: ban printed materials/ films because offensive / Newspapers, books, internet, movies, radio, TV, etc. But… / LIBEL: Lies that are PRINTED / Cannot threaten National Security / Print “obscene” materials Freedom of Press / Gov’t cannot CENSOR / Censor: ban printed materials/ films because offensive / Newspapers, books, internet, movies, radio, TV, etc. But… / LIBEL: Lies that are PRINTED / Cannot threaten National Security / Print “obscene” materials

Bill of Rights Continued… February 18, 2016

Freedom of Assembly 1. Right to gather in group / As long as peaceful (no riots) / Meetings, parades, rallies, celebrations, etc. / Rules about where/ when take place (i.e. permit) / But…Gov’t CANNOT ban 2. Right to join club/ social groups / Political party; labor unions Freedom of Assembly 1. Right to gather in group / As long as peaceful (no riots) / Meetings, parades, rallies, celebrations, etc. / Rules about where/ when take place (i.e. permit) / But…Gov’t CANNOT ban 2. Right to join club/ social groups / Political party; labor unions

Freedom to Petition Gov’t / Petition: formal request / Signed document; ; letter / Complaint; recommendation / Submit to gov’t / President/ Congress Freedom to Petition Gov’t / Petition: formal request / Signed document; ; letter / Complaint; recommendation / Submit to gov’t / President/ Congress

2 nd Amendment: The right for citizens to bear ARMS Weapons Controversy: don’t specify TYPE of weapons 3 rd Amendment: don’t have to quarter soldiers Don’t have to feed/ house soldiers during times of peace Unless homeowner wants to 4 th Amendment: Protects unreasonable search & seizure Gov’t cannot search/ take without probable (valid) cause Need a search warrant (court order allowing search) Need PROBABLE CAUSE for search warrant 2 nd Amendment: The right for citizens to bear ARMS Weapons Controversy: don’t specify TYPE of weapons 3 rd Amendment: don’t have to quarter soldiers Don’t have to feed/ house soldiers during times of peace Unless homeowner wants to 4 th Amendment: Protects unreasonable search & seizure Gov’t cannot search/ take without probable (valid) cause Need a search warrant (court order allowing search) Need PROBABLE CAUSE for search warrant

5 th Amendment: protects rights of ACCUSED criminals 1. No one can be put on trial without indictment (formal charge) 2. Double jeopardy: can’t be charged for the same crime TWICE 3. Right to remain silent: don’t have to say anything that could incriminate you 4. Due process: everyone entitled to legal process to determine guilt/ innocence 5. Eminent domain: gov’t cannot take property without due cause and proper reimbursement Has to be for public use Must pay fair price to do so 5 th Amendment: protects rights of ACCUSED criminals 1. No one can be put on trial without indictment (formal charge) 2. Double jeopardy: can’t be charged for the same crime TWICE 3. Right to remain silent: don’t have to say anything that could incriminate you 4. Due process: everyone entitled to legal process to determine guilt/ innocence 5. Eminent domain: gov’t cannot take property without due cause and proper reimbursement Has to be for public use Must pay fair price to do so

Civil vs. Criminal February 19, 2016 Civil Case: Court case involving $$$ Ex: Sue McDonald’s for $1 million Criminal Case: Court case involving criminal offense Ex: 1 st degree murder Civil Case: Court case involving $$$ Ex: Sue McDonald’s for $1 million Criminal Case: Court case involving criminal offense Ex: 1 st degree murder

Sixth Amendment (Criminal Cases) MUST be told exact nature of crime charged with Choice of trial by jury or judge Trial must be speedy Jurors must be impartial Impartial: Non-biased/ fair If possible – trial should take place in same area where crime committed Accused have right to hear & question all witnesses Accused allowed to have own witnesses for their defense Entitled to lawyer (supplied if you cannot afford one) Seventh Amendment (Civil Cases) Jury trial allowed in Civil Cases if amount of money involved is over $20 (Today: $75,000) Sixth Amendment (Criminal Cases) MUST be told exact nature of crime charged with Choice of trial by jury or judge Trial must be speedy Jurors must be impartial Impartial: Non-biased/ fair If possible – trial should take place in same area where crime committed Accused have right to hear & question all witnesses Accused allowed to have own witnesses for their defense Entitled to lawyer (supplied if you cannot afford one) Seventh Amendment (Civil Cases) Jury trial allowed in Civil Cases if amount of money involved is over $20 (Today: $75,000)

Eighth Amendment Sometimes months before trial starts: 1. Stay in Jail 2. Remain free by paying bail Bail: sum of money used as security deposit that you will show up for court If you show up to court, the bail is returned If you refuse to show, the bail is forfeited to the courts Judge determines bail: 1. Type of crime committed 2. Record of accused person 3. Likelihood that accused will appear in court Cruel and unusual punishment Can be cruel, can be unusual – but can’t be BOTH Eighth Amendment Sometimes months before trial starts: 1. Stay in Jail 2. Remain free by paying bail Bail: sum of money used as security deposit that you will show up for court If you show up to court, the bail is returned If you refuse to show, the bail is forfeited to the courts Judge determines bail: 1. Type of crime committed 2. Record of accused person 3. Likelihood that accused will appear in court Cruel and unusual punishment Can be cruel, can be unusual – but can’t be BOTH

Ninth Amendment States that citizens have other rights besides the rights listed in the Bill of Rights Tenth Amendment Any right NOT listed in Constitution, are given to the PEOPLE (states) Example: Marriage; education Ninth Amendment States that citizens have other rights besides the rights listed in the Bill of Rights Tenth Amendment Any right NOT listed in Constitution, are given to the PEOPLE (states) Example: Marriage; education