AMENDMENTS 1-10NOTES

VOCABULARY Press - Assemble - Petition - Militia - Bear Arms - Seizure - Federal - Criminal Court - Civil Court- Written publishing To gather together To ask the government State-sanctioned army Own weapons To take National For a crime For money

The Bill of Rights The Bill of Rights are the first ten Amendments

Amendment 1 Freedom of speech, religion, and press. Right to assemble and petition.

An easy way to remember Amendment 1 Religion Assemble Press Petition Speech

Four Times When Freedom Of Speech Does Not Apply Obscenity – Cussing Fighting Words – Threatening Libel – Public Written Lie Slander – Public Spoken Lie LIBEL AND SLANDER DEFAME CHARACTER

Does Freedom of Religion Apply at School? Yes – just like you have a Bible study club, students can participate in religious groups at school, but the teacher or principal cannot force the issue of religion on the students.

Freedom of Press: People have the right to read or write anything they want Even the KKK can write bad things about minorities unless… –Prior Restraint: The government can censor writing before it’s published

Right to Petition: You can ask the government, but they don’t have to say yes

Right to Assemble Why did the Founding Fathers add this to the Constitution? Can you Protest at School? –Yes you can but it must be peaceful and not blocking any walk ways.

Amendment 2 The right to bear arms and create a militia.

Right to Bear Arms You have the right to own weapons. However, you must stay within the law. Right to Create a Militia Must be recognized by the state

Amendment 3 Don’t have to feed & house soldiers. “Quartering”

Do we have to worry about Amendment 3 today? Not really – so why was it added and why has it not been removed? The only way to “remove” an amendment is to amend it, like amendments 18 and 21.

Amendment 4 No illegal search and seizure

The police must have one of two things in order to search your home: –Probable Cause – an idea that you are doing something wrong –Search Warrant – An order from a judge to search your property

Does Amendment 4 apply at school? No – Anything brought onto school property is subject to search by anyone, just like an airport or courthouse.

Amendment 5  Due process – correct procedure  Double jeopardy – can’t be tried twice for the same crime  Plead the fifth – don’t have to speak AGAINST YOURSELF

Due Process Before your life, liberty, or property can be taken from you, the correct procedure must be followed.

Double Jeopardy 2 Exceptions –Multiple times means multiple crimes. –Multiple names for the same crime.

Plead the 5th Self incrimination In court you must tell the truth. If you cannot tell the truth without incriminating yourself, you don’t have to speak. Listen to your lawyer.

Amendment 6 Right to a quick and public trial by jury. Right to be told what you’re accused of and the right to a lawyer

Quick – this means as quickly as possible for the judicial system, not necessarily quickly.Quick – this means as quickly as possible for the judicial system, not necessarily quickly. Public – this means you have the right to call witness to support your case. They cannot hold your trial in secret.Public – this means you have the right to call witness to support your case. They cannot hold your trial in secret. Jury of your peers – Your peers are not just like you but they are people from your area.Jury of your peers – Your peers are not just like you but they are people from your area. Being told what you’re accused of doesn’t mean at the scene.Being told what you’re accused of doesn’t mean at the scene. Right to a lawyer – if you can afford it, get your own.Right to a lawyer – if you can afford it, get your own.

Amendment 7 Right to take someone to civil court if they owe you $20.00 or more

Is it a good idea to sue someone for $20.00? Not really since it cost $25.00 to file a civil court case, but when the Constitution was written, $20.00 was a lot of money.

Amendment 8 No cruel or unusual punishment

Amendment 9 People cannot be denied any right just because it is not listed in the Constitution.

Amendment 10 States have rights not given to the Federal Government, but states also cannot go against Federal law.