The Bill of Rights The First 10 Amendments to the Constitution James Madison wrote the Bill of Rights after being convinced by Jefferson Approved in 1791-give all Americans basic rights that can’t be taken away

1st Amendment The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. This means that we all have the right to: practice any religion we want to to speak freely to assemble (meet) peacefully to address the government (petition) to publish newspapers, TV, radio, Internet (press)

Limits on Free Speech Cannot endanger the safety of others Examples: Yelling “fire” in a movie theatre to cause a panic Saying “bomb” on an airplane to scare other people Reporters can’t intentionally spread lies to try to damage someone’s reputation

Limits on Protests / Meetings The First Amendment DOES NOT give people the right to protest violently Parades, protest marches, and political rallies, as long as they are peaceful meetings / demonstrations, can occur on public property under the First Amendment

Separation of Church & State Government & religion must remain separate In 1971 S.C. case Lemon v. Kurtzman, Court ruled that a law that used public tax $ to pay for books & teachers’ salaries at private religious schools in Pennsylvania was unconstitutional

2nd Amendment The 2nd Amendment protects the right to bear arms, which means the right to own a gun. Must be an adult in order to register the gun (illegal to own otherwise)

3rd Amendment The 3rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” This means that we cannot be forced to house or “quarter” soldiers.

4th Amendment The 4th Amendment protects the people from unreasonable searches and seizures. This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason).

4th Amendment Cont. Cannot be arrested / property searched unreasonably / without good cause In most cases, a police officer does not have time to receive a warrant from a judge & return to a car, etc. & doing so would endanger his or her safety so the officer needs a good reason to search property before receiving the warrant

5th Amendment The 5th Amendment protects people from being held for committing a crime unless they are properly indicted (accused) You may not be tried twice for the same crime (double jeopardy) You don’t have to testify against yourself in court. (Self-incrimination)

6th Amendment The 6th Amendment guarantees a speedy trial (you can’t be kept in jail for long periods of time without a trial) an impartial jury (doesn’t already think you are guilty) that the accused can confront witnesses against them the accused must be allowed to have a lawyer

7th Amendment The 7th Amendment guarantees the right to a jury trial in all but the most minor civil cases A civil trial differs from a criminal trial. Civil trial = disputes between people or businesses over $, property, or family matters such as divorce. Criminal trial is when the state tries to convict someone of a crime.

8th Amendment The 8th Amendment guarantees that punishments will be fair and not cruel, and that extraordinarily large fines will not be set.

Death Penalty In the 1976 S.C. case Gregg v. Georgia, the Court ruled that the punishment of death for murder does not violate the 8th Amendm. Still debated today: some people argue that executing anyone is a cruel and unusual punishment

9th Amendment All rights not stated in the Constitution and not forbidden by the Constitution belong to the people. Example: Right to Privacy

10th Amendment The 10th Amendment states that any power not granted to the federal government belongs to the states or to the people.

Powers Shared The Federal System Powers Delegated to National Government The Federal System Powers Reserved to States Regulate interstate & Foreign trade Issue licenses Establish foreign policy Regulate trade within state Collect taxes Create & maintain armed forces Charter banks Establish & maintain schools Make copyright & patent laws Create courts Establish local governments Coin money Administer criminal justice / Make and enforce laws Declare War Provide for public welfare Make laws about marriage & divorce Admit new states Powers Shared Create federal courts Conduct elections Establish postal offices