Bill of Rights
The Bill of Rights The first 10 Amendments of the Constitution are called the Bill of Rights The Bill of Rights does 2 main things: - Protects Citizen's Rights - Limits the Power of Govt.
1st Amendment Citizens are guaranteed: - Freedom of Speech - Freedom of Religion - Freedom of Press - Freedom of Assembly - Freedom to Petition Govt.
2nd Amendment Guarantees Citizens & States: - The Right to organize & maintain a militia in time of peace - The right of citizens to bear arms to support the militia
3rd Amendment Guarantees Citizens: - Will not have to quarter (house & feed) troops in time of peace - Reaction to what British act (law)?
4th Amendment Protects Citizens against illegal search & seizures Govt. must obtain a search warrant in order to search private domain and confiscate personal property Exception: Probable Cause Plain View Law
5th Amendment Rights of the Accused: - Self-Incrimination Clause -Double Jeopardy - Due Process of Law
6th Amendment Guarantees additional rights to those accused of a crime, including: -Trial by jury -Speedy & Impartial Jury -Entitled to a lawyer
7th Amendment Guarantees citizens: Right to trial in civil cases if amount of money involved exceeds $20 Examples: -Lawsuits -Civil Violations
8th Amendment Guarantees citizens accused of a crime: - Protection from Cruel & Unusual Punishment - Protection against excessive bail excessive fines
9th Amendment States that the rights listed in the Constitution are not the only rights guaranteed to citizens -Ensures private domain - Right to choose our friends - Right to choose our job - Right to have children
10th Amendment States that any powers not given to the National govt. (Delegated Powers) are reserved or held by the states (Reserved Powers)
Powers & Clauses of the Bill of Rights The Bill of Rights has several important clauses that protect our Civil Liberties, including: - Establishment Clause (1st Amend.) - Free Exercise Clause (1st Amend.) - Exclusionary Rule (4th Amend.) - Self-Incrimination Clause (5th Amend.) - Double Jeopardy Clause (5th Amend.) - Confrontation Clause (6th Amend.) - Implied Right to Privacy (3rd, 4th, 9th Amend.)
Establishment Clause Govt. can not set up a church Can't pass laws that target/benefit one particular religion Can't force or deny religion to one person Can't sponsor a religion
Free Exercise Clause No punishments for religious beliefs or rituals No tax can be levied to support any religious activity or institution (like a school) that teaches religion
Examples of 1st Amendment Clauses Denies the following from happening: Teaching the Bible in school Tax money to church-affiliated schools Prayer at graduation ceremonies Religious statues/plaques in govt. buildings and schools
Exclusionary Rule Govt. can not use material / information in a court of law if it was taken during an ILLEGAL search & seizure
Self-Incrimination Clause No person can be forced to be a witness against themselves (I plead the 5th!)
Double Jeopardy You can't be charged with the same crime twice once found guilty or innocent Exception: In appeals from convicted person in jail (re-trial)
Confrontation Clause The right to confront (question) a witness who is accusing you of a crime Important? Protection from: - Lies - Heresay - Revenge Right to question credibility of witness
Implied Right to Privacy Ensures Private Domain What amendments “imply” the right to privacy? What are some example activities protected by this right?
Implied Right to Privacy Wire tapping without a warrant Right to have an abortion Protection from Illegal Search & Seizure Right to home privacy (Video Surveillance, Vulgarity, Right to Die)