The Bill of Rights

1 st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

1 st Amendment translation… There are 5 rights protected by the First Amendment: – Freedom of religion – Freedom of speech – Freedom of the press – Freedom of assembly – Freedom to petition the Government for a redress of grievances

2 nd Amendment A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

2 nd Amendment translation… In 2010, the Supreme Court decided that the Second Amendment was written to allow individuals to own firearms – Right to bear arms

3 rd Amendment 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.

3 rd Amendment translation Protection against quartering (forcing you to provide housing and food for soldiers)

4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

4 th Amendment translation… Protection against unreasonable searches and seizures Protection against unwarranted searches – Warrant must be specific in what can be searched

5 th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment of indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

5 th Amendment translation… There are 5 rights protected by the fifth Amendment – Grand Jury for capital crimes (except military) – Protection against double jeopardy (being tried twice for the same crime) – Protection against self-incrimination (testifying against yourself) – Due process of law – Just compensation for seized property

6 th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trail, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

6 th Amendment translation… There are 6 rights in the 6 th amendment; collectively they are known as the “rights of the accused” – Right to a speedy and public trial – Right to an impartial jury – Right to know the charges – Right to confront the accuser – Right to obtain witnesses for defense – Right to have an attorney

7 th Amendment In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of common law.

7 th Amendment translation… Guarantees trial by jury in civil cases (cases having to do with money) Once a jury has reached a decision, that decision cannot go back to court

8 th Amendment Excessive bail shall not be required, nor excessive fine imposed, nor cruel and unusual punishments inflicted.

8 th Amendment translation… 2 rights are protected by the 8 th Amendment – Bail and punishments must fit the crime – Protection against cruel and unusual punishment (torture)

9 th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

9 th Amendment translation… You have other rights besides those listed in the Constitution (Just because it’s not written doesn’t mean you don’t have it!)

10 th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

10 th Amendment translation… The Federal government is limited to the powers granted by the Constitution. If it is not in the Constitution, the states get the power and authority.

Amendment Scenarios For each scenario, decide which Amendment is in question, and how that Amendment has been violated. All scenarios will be unconstitutional.

Scenario #1 Mr. McComas is told by a police officer that he is not allowed to own a gun ever under any circumstance.

Scenario #2 Ajariel is arrested for trespassing into a park after it closes, but she is never told why she was arrested and her bail is posted at $1,000,000.

Scenario #3 Officer Marquell searches all of Marcus’ house without a warrant while Marcus is away.

Scenario #4 The city of Chicago does not allow teachers to gather and hold a rally.

Scenario #5 Eboni sues Kionte for a sum of $100,000, but the judge does not allow a jury during the case.

Scenario #6 Mariah is arrested for a crime and sent directly to prison without having a court hearing.

Scenario #7 A federal judge declares that people and state governments can only do what is written in the Constitution.

Scenario #8 The federal government seizes Kierra’s house for soldiers to stay in during peacetime.