Chapter 13 CIVIL LIBERTIES: Ordered Liberty in America Institutional Focus: The Bill of Rights © 2011 Taylor & Francis

Introduction The Bill of Right includes the first ten Amendments to the U.S. Constitution plus the Civil War Amendments, specifically, the 13th, 14th, and 15th Amendments. An easy way to remember what comprises the Bill of Rights is to categorize them by purpose. © 2011 Taylor & Francis

The Original Bill of Rights—Freedom of Expression Freedom of Expression is protected by the First Amendment prohibiting the government from establishing a religion; protects freedom of religious expression, freedom of speech and press, the right of assembly, and the right to petition the government. © 2011 Taylor & Francis

Amendments addressing Arms and Troops The Second Amendment protects the right to bear arms. The Third Amendment prohibiting the government from quartering (house, feed) troops in citizens' homes in peacetime. © 2011 Taylor & Francis

Rights of Accused Persons Fourth Amendment Fifth Amendment Sixth Amendment Seventh Amendment Eighth Amendment © 2011 Taylor & Francis

Addendum to the Rights of the Accused Take a look at the two following charts which show where America stands in relation to other countries in the employment of the death penalty and in the number of people that are imprisoned in the country per 100,000 persons. Is this in comportment with the “Rights of the Accused?” How you answer this tells a great deal about your philosophical stances regarding the paradoxical concepts of liberty versus order. © 2011 Taylor & Francis

Addendum to Rights of the Accused

Addendum to the Rights of the Accused

Rights of the Accused: Fourth Amendment Protects persons from unreasonable search and seizure. © 2011 Taylor & Francis

Rights of the Accused: Fifth Amendment Requires indictment by grand jury for the prosecution of a person accused of a crime. Protects against double jeopardy: prohibits the government from trying a person twice for the same offense. Protects the right of silence: an individual cannot be required to be a witness against oneself. Prohibits the government from taking life, liberty, or property without due process. Eminent domain: prohibits the government from taking private property for public use without fair compensation. © 2011 Taylor & Francis

Rights of the Accused: Sixth Amendment Protects the right of individuals to receive a speedy and public jury trial for crimes Ensures the right to have legal counsel for defense Protects the right to be informed of accusation and confront witnesses. © 2011 Taylor & Francis

Rights of the Accused: Seventh and Eighth Amendments Seventh: protects the right to a jury trial in civil cases involving more than twenty dollars. Eighth: prohibits the government from setting excessive bail or fines and inflicting cruel and unusual punishment. © 2011 Taylor & Francis

Rights of People and States The Ninth Amendment protects other, unspecified rights (rights not enumerated in the Constitution). The Tenth Amendment reserves to the states those powers neither granted to the federal government nor prohibited to the states. © 2011 Taylor & Francis

Restrictions and Duties of State Governments The 13th Amendment prohibits slavery in every state of the Union. The 14th Amendment applies due process (equal protection under the law) to the states and obligates the state governments to protect citizens from illegal acts perpetrated by a government entity or individual (this overturns Barron v. Baltimore). The 15th Amendment prohibits states from preventing men from voting based upon “race, color or previous condition of servitude.” © 2011 Taylor & Francis