Chapter Four A Tradition of Democracy Rights and Responsibilities ~~~~~ The Bill of Rights

A Ratification Promise Framers wrote => Secure the blessings of liberty Americans wanted => actual list of protected rights 100 amendment proposals discussed by Congress 12 proposals presented to the states for approval 10 amendments ratified by the states 100 12 10

Protecting American Freedoms Bill of Rights = The first 10 amendments to the U.S. Constitution, which set forth basic rights guaranteed to all Americans 1791 All rights listed in the Bill of Rights have their origins in issues from colonial times.

First Amendment the most familiar rights - so close to our daily lives the basic rights that are essential to a free people

First Amendment Freedom of Religion Separation of Church and State = the right to practice any religion - or to practice no religion at all forbids Congress from establishing an official national religion forbids Congress from favoring one religion in any way Separation of Church and State = The division between religion and government. established by Supreme Court decisions interpreting the First Amendment example: no school-sponsored prayers in public schools mixed message? early 1950's Congress added the words "under God" to the Pledge of Allegiance and adopted "In God We Trust" as the national motto, which was also then printed on all U.S. money. LIMITS -------------------------------------------------------  no bigamy or polygamy  no human or animal sacrifices  no illegal drug use

First Amendment Freedom of Speech Slander = Spoken false statements the right to express ideas and opinions through speech the right to listen to the ideas and opinions of others guarantees open expression of thoughts and ideas right to express opinions about the government right to criticize the actions of government officials LIMITS -------------------------------------------------------------------------------------  cannot use speech to injure others or cause physical harm  no right to tell lies or to spread false rumors about others  cannot be linked to an unlawful act – clear and present danger  cannot threaten national security or government overthrow Slander = Spoken false statements that damage another person’s reputation.

First Amendment Freedom of Press right to express ideas in writing protects written works – books, newspapers, magazines the courts have decided that freedom of the press also applies to: television, radio, internet, artwork, lyrics, photos, films, video games, software LIMITS -------------------------------------------------------------------------------------  cannot publish falsehoods that harm reputations  cannot be linked to an unlawful act – clear and present danger  cannot threaten national security or government overthrow Libel = Written falsehoods that damage another person’s reputation.                

First Amendment Freedom of Assembly freedom to hold meetings the right to meet to discuss problems and plan actions gather to express views about government decisions freedom of association – clubs, unions freedom of assembly applies to: meetings, rallies, demonstrations, pickets, marches, parades, protests LIMITS ---------------------------------------------------------------  meetings must be peaceful  no criminal trespass, buffer zones  crowd congestion, required permits  cannot be linked to an unlawful act – clear and present danger  cannot threaten national security or government overthrow

First Amendment Freedom of Petition the right to ask the government to do something or stop doing something the right to contact representatives and ask them to pass laws you favor the right to ask representatives to change laws you do not like LIMITS -------------------------------------------------------------------------------------  must follow legal format

Second Amendment Right to Bear Arms the right to own and carry guns LIMITS --------------------------------------------------------------  restrictions on types of guns  regulations for use of guns  registrations and permits for possessing guns

Third Amendment No Quartering of Soldiers government cannot house soldiers in private citizens' homes during peacetime without the owners' consent LIMITS -------------------------------------------------  wartime

Fourth Amendment No Unreasonable Search or Seizure protects people from unreasonable searches and seizures persons or property cannot be searched without just cause property cannot be taken from us by the government without just cause requires a search warrant Implied right of privacy LIMITS ---------------------------------------  plain view destruction of evidence Search Warrant = A legal document granted by a judge that permits police to enter and search a place where there is reason to believe evidence of a crime will be found.

Fifth Amendment Rights of the Accused indictment by grand jury - formally accuse an individual of a crime a grand jury decides if there is enough evidence to go to trial no self-incrimination - having to testify against oneself (plead the fifth) no double jeopardy - being tried twice for the same crime due process of law - cannot be denied life, liberty, or property until the law has been fairly applied implies government power to execute and incarcerate citizens right to own private property basis of U.S. economic system government authority of eminent domain - right to take private property for public use to build a road or a school or other public need owner must surrender property but must be paid a fair price 14

Sixth Amendment Rights of Fair Trail prompt (speedy) trial public trial trial by a jury must be informed of the charges right to hear and question all witnesses against them right to call witnesses to appear in court right to have a lawyer if an accused person cannot afford to hire a lawyer, one will be provided by the courts and the government pays the lawyer's fee Some of these rights are also associated with the Miranda warning 15

Seventh Amendment Right of Jury Trial in Civil Cases provides for a trial by jury in civil cases involves conflicts over money or property lawsuits with a minimum of $20 at stake 16

Eighth Amendment No Excessive Bail or Punishment courts cannot set bail that is too high for the crime bail is money or property an accused person gives a court to guarantee that he or she will appear for their trial allows the accused to remain free until trial concludes no excessive fines (money penalty) forbids "cruel and unusual" punishment punishment must fit the crime no torture or brutal execution methods 17

Ninth Amendment More Rights for the People the people of the United States enjoy many other basic rights that are not listed in the Constitution not just those rights that are specifically mentioned in the Constitution and in the first eight amendments these rights have not been specifically defined ensures that Americans enjoy every right and freedom possible the Supreme Court has sometimes uses it as a tool to support people's claims to specific rights the right to political activity and the right to privacy 18

Tenth Amendment Reserved Powers of the States and People all powers not expressly given to the federal government nor forbidden to the states by the Constitution are reserved to the states or to the people gives the states the power to act to guarantee citizens' rights. serves as a final guarantee of citizens' rights. 19