Other Guarantees in the Bill of Rights The Constitution describes the powers of the national government.

The Bill of Rights First 10 amendments of the Constitution Describes the powers and rights of Americans Reflects limited government -places strict limits on how the national government can use its power over the people

The Second, Third, and Fourth Amendments protects citizens from abuses of power by the government

The Second Amendment Guarantees the right to bear arms and serve in a state militia Developed because soldiers in the state militia (volunteer armies) supplied their own weapons in the late 1790s

The Third Amendment Guarantees that citizens can not be forced to house soldiers in their homes during peacetime – Protects from the abuse of military authority Also protects during war time except when the people are requested to do so by law

The Fourth Amendment Guarantees against unreasonable searches and seizures Property can not be searched nor taken without a search warrant -must be issued by a judge who is convinced by law enforcement that the search will yield specific evidence

Protecting the Accused The Fifth, Sixth, Seventh, and Eighth Amendments deal with the rights of people accused of committing crimes and the court process Ensure fair and equal treatment

The Fifth Amendment Protects the rights of people accused of a crime No one can be placed on trial without being indicted by a grand jury -just because someone is indicted, does not mean guilty -Simply indicates that there is enough evidence to believe that the person committed the crime

Protects from double jeopardy -person can not be tried for the same crime twice after being found not guilty Protects an accused person’s right to remain silent Protects against self-incrimination -cannot be forced to testify against oneself

Guarantees that no one can be denied life, liberty, or property without due process of law Guarantees a person’s right to property by limiting eminent domain of the government -taking of private property for public use example: St. Tammany Parish Judicial Complex -government must compensate at a fair price

Graphic Organizer You will complete a graphic organizer on the 5 basic rights of the 1 st Amendment. You will fold the paper until you get six boxes. In the top left box, you will put “The 1 st Amendment” and then put the 5 basic rights in the other boxes. You will answer in each box “What is your opinion of that right?” and “Should there be any limitations of the right?” On the opposite side of the sheet you will create an illustration about the right.

The Sixth Amendment Requires that an accused person be told the exact nature of the charges against them Allows for a speedy, public, impartial trial by jury, if requested by the defendant Trial should take place in the same area that the crime was committed

Accused has the right to hear and question all witnesses against them, as well as, to call witnesses in their own defense Guarantees the accused the right to an attorney -Supreme Court ruled in Gideon v. Wainwright that if the accused cannot afford a lawyer, the government must provide one free of charge (pro bono)- indigent defender -the government pays for the lawyer

The Seventh Amendment Guarantees the right to a trial by jury in civil cases if disputed amount is $20 or more -a civil case involves no crime -plaintiff or defendant may ask for a trail by jury -if not requested, a judge will hear the case

The Eighth Amendment Guarantees those accused of a crime the right to bail while waiting for trial -bail allows the accused to get out of jail while waiting for trial -when person shows up at trial, bail is returned -if person does not show up at trail, bail is forfeited

Guarantees against excessive bail -judge sets the amount; determined by factors, such as, crime committed, the accused’s record, likelihood of person fleeing Guarantees the convicted the protection of paying excessive fines Forbids cruel and unusual punishment Death Penalty???

Protecting Other Rights Writers of the Bill of Rights realized that they could not list every right that citizens have under the Constitution, but wanted to guarantees them

The Ninth Amendment Specifies that the rights listed were not the only rights of American citizens Examples: freedom to choose a spouse, friends, careers, etc.

The Tenth Amendment Any powers that the Constitution does not specifically give the federal government is reserved for the states examples: education, marriage Prevents Congress or the President from becoming too powerful