The Bill of Rights

1st Affords us freedom of religion, speech and press 1st Affords us freedom of religion, speech and press. Allows us to peaceably assemble (come together in protest or hold meetings to discuss problems), and gives you the right to ask the government to set right what you believe to be wrong (you can ask a Congressperson to pass/correct a law…).

2nd Each state has the right to a militia (today the National Guard serves this purpose) and citizens have a right to own weapons or bear arms (such as a gun)

3rd Quartering of soldiers: this amendment says that in times of peace, citizens never have to take soldiers into their homes. In times of war = only if Congress says so (this amendment is obsolete!)

4th This amendment gives you freedom from unreasonable searches and seizures. A law enforcement officer can’t enter your home w/o a warrant. To get a warrant he/she needs probable cause (more evidence for something than against it). Your car/person can’t be searched without probable cause (there are exceptions!) This right is limited in schools: staff need only reasonable suspicion (less evidence than probable cause) to search a student.

5th To be held for a capital crime (such as murder or drug trafficking) you must be indicted by a Grand Jury (a panel of people that decide if there’s enough evidence to formally accuse you). This amendment also says you can’t be tried for the same crime twice (no double jeopardy-- unless there’s been a legal error). You cannot be forced to testify against yourself (thus, “taking the 5th”). You also may not be deprived of life, liberty or property without due process of law. Finally, private property cannot be taken for public use without fair compensation (this is called eminent domain).

6th In all criminal prosecutions (criminal case = typically crimes against the body…where the prosecution is seeking punishment through prison/death etc), the accused has the right to a fast and public trial by an impartial jury. You also have the right to know what you’re accused of and to hear witnesses against you. You have the right to a lawyer and to obtain witnesses in your defense.

7th You have the right to a trial by jury in civil cases that exceed $20 (a civil case is typically a crime against property and prosecution seeks $$$, not prison…)

8th You have the right to fair bail and punishments-- excessive bail and fines can’t be imposed and punishments can’t be cruel and unusual (mean and weird!)

9th Not every right that citizens have can be listed in this document (like the right to travel etc.)-- just because they are not listed here doesn’t mean you don’t have them!

10th Powers not delegated to the US (as a whole) by the Constitution go to the states.