Protecting People’s Rights Chapter 6 Section 2

Key Terms Separation of Church and State Separation of Church and State Eminent Domain Eminent Domain Due Process of Law Due Process of Law Double Jeopardy Double Jeopardy

Protection of Individual Freedom Freedom of Religion Freedom of Religion 1st Amendment- provides that every American can practice or not practice any religion 1st Amendment- provides that every American can practice or not practice any religion Separation of Church and State- The situation in which the government may not favor any religion or establish an official religion Separation of Church and State- The situation in which the government may not favor any religion or establish an official religion

Freedom of Speech Freedom of Speech You have the right to speak and write freely You have the right to speak and write freely You are not allowed to slander or tell lies that could damage some ones reputation You are not allowed to slander or tell lies that could damage some ones reputation

Freedom of the Press Freedom of the Press People can criticize the government without fear of arrest. People can criticize the government without fear of arrest. In many countries the government controls the radio, press and television In many countries the government controls the radio, press and television 1 st amendment helps to guarantee that citizens get information and have different opinions 1 st amendment helps to guarantee that citizens get information and have different opinions Can not print lies or libel someone, can not endanger someone Can not print lies or libel someone, can not endanger someone

Freedom of Assembly Freedom of Assembly Citizens or groups can ask the government to change laws. Citizens or groups can ask the government to change laws. To make new laws or solve problems To make new laws or solve problems A citizen can request by letter, sending , by telephoning or sending a petition (request signed by many persons) to Representative of Congress A citizen can request by letter, sending , by telephoning or sending a petition (request signed by many persons) to Representative of Congress

Protection Against Abuse of Power 2 nd, 3 rd, 4 th, 5 th amendments help protect citizens from abuse of power by police or judges 2 nd, 3 rd, 4 th, 5 th amendments help protect citizens from abuse of power by police or judges Came from colonial experience Came from colonial experience

2 nd Amendment 2 nd Amendment The right to keep and bear arms The right to keep and bear arms During the revolution needed militia to protect themselves During the revolution needed militia to protect themselves Should Americans own guns for personal use? Should Americans own guns for personal use? Should the government restrict the use and sale of guns? Should the government restrict the use and sale of guns?

3 rd Amendment 3 rd Amendment The housing of soldiers The housing of soldiers England allowed their soldiers to be housed in the colonists homes. England allowed their soldiers to be housed in the colonists homes. This amendment states that soldiers can only stay in a home with permission This amendment states that soldiers can only stay in a home with permission During war people can do it only if Congress passes a law During war people can do it only if Congress passes a law

Unreasonable Search and Seizure 4 th Amendment 4 th Amendment Officers can not search a citizens home without a valid reason Officers can not search a citizens home without a valid reason Must obtain a search warrant, written permission from a judge to search home and belongings Must obtain a search warrant, written permission from a judge to search home and belongings Police must convince the judge that they are likely to find evidence of a crime Police must convince the judge that they are likely to find evidence of a crime During Revolution, Parliament allowed officers to make unlimited searches of home and businesses During Revolution, Parliament allowed officers to make unlimited searches of home and businesses Fourth guards against abuse of power by new government Fourth guards against abuse of power by new government

Protecting Property Rights Government can take away property to build a subway, freeway or public project Government can take away property to build a subway, freeway or public project Eminent Domain- the power to take private property for public use. Eminent Domain- the power to take private property for public use. Recognized public includes- schools, parks, highways, police and fire stations Recognized public includes- schools, parks, highways, police and fire stations 5 th protects against the abuse of power by requiring the government to pay the owners a fair price 5 th protects against the abuse of power by requiring the government to pay the owners a fair price

Protections of the Accused Miranda Warnings Miranda Warnings “ You have the right to remain silent. Anything you say can and will be used against you in a court of law. You are entitled to have a lawyer present when you are questioned. If you can not afford an attorney one will be provided for you at the public expense.” “ You have the right to remain silent. Anything you say can and will be used against you in a court of law. You are entitled to have a lawyer present when you are questioned. If you can not afford an attorney one will be provided for you at the public expense.”

Rights of the Accused 5 th,6 th, 7 th and 8th Come from the Magna Carta Come from the Magna Carta No person should be deprived of life, liberty or property, except by “the law of the land.” No person should be deprived of life, liberty or property, except by “the law of the land.” Due Process- a process by which the government must treat the accused person fairly according to the rules established by law. Due Process- a process by which the government must treat the accused person fairly according to the rules established by law.

5 th Amendment 5 th Amendment Miranda warnings (1966) Miranda warnings (1966) Can not be forced to “be a witness against himself” Can not be forced to “be a witness against himself” “I take the 5 th amendment” or “I refuse to answer on the grounds that I may incriminate myself.” “I take the 5 th amendment” or “I refuse to answer on the grounds that I may incriminate myself.” In some countries police use torture In some countries police use torture Under the 5 th confessions must be freely given and not forced Under the 5 th confessions must be freely given and not forced

5 th provides that someone accused of a serious crime must be indicted by a grand jury 5 th provides that someone accused of a serious crime must be indicted by a grand jury Grand Jury decides if there is enough evidence to put a person on trial Grand Jury decides if there is enough evidence to put a person on trial Double Jeopardy- being placed on trial twice for the same crime Double Jeopardy- being placed on trial twice for the same crime

Right to trial Right to trial Guarantees a citizen’s right to a speedy, public, fair trial. Guarantees a citizen’s right to a speedy, public, fair trial. Accused person ahs the right to advice of a lawyer Accused person ahs the right to advice of a lawyer If you can not afford one the government will pay If you can not afford one the government will pay The right to face your accuser in court The right to face your accuser in court

7 th Amendment 7 th Amendment Jury trials in cases of conflicts over property and money Jury trials in cases of conflicts over property and money If value is more than $20.00 If value is more than $20.00

Bail, Fines and Punishment 8 th amendment protects accused from unfair treatment. 8 th amendment protects accused from unfair treatment. Person can play bail. Person can play bail. Person pledges to show up for trial Person pledges to show up for trial 8 th amendment prohibits excessive bail 8 th amendment prohibits excessive bail When you appear in court your bail is returned When you appear in court your bail is returned

Protects against cruel and unusual punishment Protects against cruel and unusual punishment Whipping, branding, were common in England and the colonies in the 1700’s Whipping, branding, were common in England and the colonies in the 1700’s Death penalty is still debated Death penalty is still debated

Protection of Other Rights That not all rights are protected in the Bill of Rights That not all rights are protected in the Bill of Rights Madison suggested an amendment that citizens rights are not limited to the ones listed in the Constitution Madison suggested an amendment that citizens rights are not limited to the ones listed in the Constitution Became the 9th Amendment Became the 9th Amendment

10 th Amendment 10 th Amendment States rights States rights Declares that those powers belong to the state governments or the people Declares that those powers belong to the state governments or the people