 The Bill of Rights are the first 10 amendments to the Constitution.  They were a concession to the Anti- Federalists to ensure the ratification of the Constitution.  They contain many of Americas most basic freedoms.

 Freedom of Religion  “Congress shall make no law respecting an establishment of religion, or prohibit the free exercise thereof.”  What qualifies as a religion?

Freedom of Speech “Congress shall make no law abridging the freedom of speech.” What qualifies as free speech? TV? Radio? Movies? Must avoid slander or a person can be held libel for what they say.

 Freedom of the Press.  “Congress shall make no law abridging the freedom of the Press.”  Must be careful of slander and Libel.  Is not subject to prior restraint.  Does the Press have any responsibilities to the people?

The Right to Assembly “Congress shall make no law respecting the right of the people to peaceably assemble.” What is included? – Rallies, demonstrations, passing out leaflets, and marches. – Usually need a permit to assemble or march.

 The Right to criticize the government.  “Congress shall make no law respecting the right of the people to peaceably petition the government for a redress of grievances.”  We have the right to criticize gov’t officials and their actions.

The Right to bear arms. “A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.” Does this mean any type of weapon? Are there any limitations that need to be applied?

 Prohibits the housing of government troops in private homes.  Congress may, though, override this, but only in times of War.

Protection against “unreasonable search & seizures”. Probable Cause – Police must have reasonable basis to link person or property to a crime. Search & Arrest Warrant – must be specific in what is being searched for or arrested for. – Has to be signed by a judge

 The Right to a Grand Jury  No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.  Why is a Grand Jury important?

 Double Jeopardy.  No person shall be subject for the same offense to be twice put in jeopardy of life or limb.  What is the value of this liberty?

 Self Incrimination  No person shall be compelled in any criminal case to be a witness against himself.  The most frequently misrepresented part of the 5 th amendment by the general population & Hollywood.  Miranda vs Arizona, 1968

 Due Process Clause  No person shall be deprived of life, liberty, or property, without due process of law.  This provides that the gov’t can not throw you in jail or confiscate your property without following set procedure.  This includes throwing you in jail or gaining a confession.

 Eminent Domain.  Nor shall private property be taken for public use, without just compensation.  The government can not take your land without giving you fair market value for it.

 Rights of the Accused.  Right to a speedy & public jury trial in the local community where crime took place.  Right to be informed of their crime at the time of arrest.  The right to face their accusers as well as find witness to help in their defense.  The right to a lawyer

 The Right to trial in certain civil cases.  In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.Suitscommon lawvalue in controversydollars  The right to have your “Day in Court.”

 No Excessive bail or Cruel & unusual punishment.  Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Excessive bailcruel and unusual punishments  Is the death penalty cruel & unusual punishment?

 Enumeration Clause  “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”  Protects the people from gov’t intrusion on rights not listed in the previous 8 amendments.  Allowed for individual rights that had not been thought of yet, like flying in a plane.

 States Rights  “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.”  States have rights to make their owns laws.