Q: What is the Bill of Rights and why do we have them? A: The Bill of Rights lists certain basic rights given to the people by the United States to protect from an abuse of power by the government. The Bill of Rights protects us from the federal government, not from principals, baby sitters, or parents. It is through the Fourteenth Amendment's due process clause that most of the first ten amendments have been incorporated to apply against the states. In this way, principals, teachers, police and others acting with authority from the state are limited by the Bill of Rights.

What is the Bill of Rights? A formal listing of the basic rights of U.S. Citizens The first 10 Amendments to the Constitution

James Madison – Crafted the Bill of Rights – Originally 12 amendments First two dealt with congressional pay raises and size of congressional districts – Some people saw Bill of Rights as useless– for over 200 years they have been stronger than Madison might have hoped

First Amendment Rights Religion Press Assemble Speech Petition the Government

The Right to Worship Freely “Congress shall make no law respecting and establishment of Religion” – No official religion in United States – Separation of Church and State Lemon v. Kurtzman, 1971 – Public tax money cannot be used to pay for books and teachers’ salaries at private religious schools

…a second guarantee “Congress shall make no law …prohibiting the free exercise” of religion – People can hold any religious belief without fear of punishment – Cannot do whatever they want in the name of religious freedom Parents cannot deny their children medical treatment or vaccinations because of their religious beliefs

The rights of Free Expression Freedom of the Press – Allows for free flow of ideas – Without a free press democratic self-government would be impossible – Responsibilities: Take care not to spread false accusations Publish information that would be helpful to an enemy in wartime

……continued Freedom of Speech – Right to speak freely in public places – Not unlimited – Limits: Speech that endangers public safety- Cannot yell “fire” in a crowded theater causing a panic Includes symbolic speech or actions people take to express their opinions – Texas v. Johnson: flag burning- arrested and then overturned

Right to peaceably assemble & petition the government Citizens can use public property for meetings & demonstrations Parades, protest marches & political rallies Do not have right to protest violently

Citizen Protections Second Amendment: The right to bear arms – Rights to own guns if only in militia (army) or for self defense also? District of Columbia v. Heller- held up an individual’s right to own a gun for personal use including self- defense Third Amendment: Quartering troops in Homes – “A man’s house shall be his own castle, privileged against all civil and military intrusion”

Fourth Amendment: Searches and Seizures Protects against “unreasonable searches and seizures” Seizure: forcibly taking control of a person or property Show a Judge a good reason Judge issues a warrant that says exactly who or what

The Fifth Amendment: Legal Rights 1.Right to a grand jury hearing- decide whether a trial is justified 2.Double Jeopardy- cannot be tried more than once for the same crime 3.Self-incrimination- cannot be forced to say things that might be used against you in a trial (“I plead the 5 th ”) – Miranda warning: “You have the right to remain silent….” – Do not have to testify in court

5 th …continued 4.Due Process: Government must follow clear rules and act responsibly as it carries out laws – Innocent until proven guilty – Prove beyond a reasonable doubt 5.Just compensation- government must pay a fair price if it takes over someone’s property

6 th : Criminal Trial Rights 1.Speedy and public trial by and impartial jury 2.Accused must be told charge and time & place of crime 3.Right to hear and question all witnesses 4.Right to an attorney to assist in his/her defense

7 th : Civil trial rights Disputes between people and businesses Money, property or family matters such as divorce After a jury decides a case, no judge can overrule their decision

8 th : Bail and Punishments Forbids “excessive” bail – Money or property to ensure the accused shows up for trial Forbids excessive fines and Cruel and unusual punishments

9 th : Rights retained by the people Rights listed in the constitution are not the only rights people have Example: Right to privacy

10 th : Powers reserved to the States Powers not given to the federal government are given to the States Speed limits, public schools, elections, regulate businesses, licenses