The Bill of Rights - 1st ten amendments to the Constitution -- designed to protect our individual liberties. Bill of Rights

5 GREAT BASIC FREEDOMS keystone of individual freedom Amendment 1 Guarantees our 5 GREAT BASIC FREEDOMS. “Civil Liberties” or freedom of expressions are the keystone of individual freedom. Freedom of Religion a. Freedom of Religion or not to have a religion. P eople may worship or not worship as they please. The government cannot favor one religion over another. [separation of church and State – no p rayers or devotional reading from the Bible in school.] Freedom of speech slanderspoken b. Freedom of speech – this freedom is restricted if it harms others. We have laws against slander [spoken] or libelwritten statements libel [written statements] intended to damage ones reputation. offends the moral senseobscenity Speech that offends the moral sense [obscenity] of others or speech that endangers the safety of the nation [military secrets] may be punished.

Freedom of the Press no prior restraint c. Freedom of the Press means we can write our opinions and circulate them to others through T.V., newspapers, or magazines. This freedom also protects our right to know. Obscenity cannot be sent through the mail but may be viewed in the privacy of your own house. There can be no prior restraint – stopping the spreading of news before they are published or broadcast. Right to assemble d. Right to assemble for any peaceable purpose. Any political party or interest group has the right to hold a meeting as long as they are peaceful. Right to petition government officials e. Right to petition government officials, or convey our opinions to them. You can get people to sign a petition and send it to government officials.

Amendment 2. Right To Keep And Bear Arms Amendment 2. Right To Keep And Bear Arms The purpose was to prevent Congress from denying States the right to have a militia of armed citizens. The States and federal government can regulate the possession and use of firearms by individuals.

SECOND AMMENDMENT “WOW! I SEE BARE ARMS!”

– (providing food and shelter) of troops during peacetime, and only with authorization of Congress during war. NO QUARTERING – (providing food and shelter) of troops during peacetime, and only with authorization of Congress during war. The 3 3rd 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." This place looks great!! I think I’ll move in.

Think: “3” Little PIGS!…You don’t have to let anyone in! Go ahead huff and puff!

Limits The Conditions Under Which Police May Search for and Seize Evidence and People [Privacy Amendment] AMMENDMENT 4. Limits The Conditions Under Which Police May Search for and Seize Evidence and People [Privacy Amendment] “Fishing Expeditions” A. No “Fishing Expeditions” by public officials [a search must be reasonable and based on probable cause]. warrant specific place persons or things to be seized B. In most cases, a search or arrest warrant will be necessary. The warrant must describe the specific place to be searched and the persons or things to be seized. may chase a suspect into his house & not secure a warrant C. A police officer may chase a suspect into his house & not secure a warrant (this would be probable cause). unlawful search or seizure cannot be used at the trialexcluded D. The Supreme Court has ruled that evidence gained as a result of an unlawful search or seizure cannot be used at the trial. [Exclusionary Rule– has to be excluded]

AMMENDMENT 5. “rights of the accused” AMMENDMENT 5. Rights of Accused Persons [5-8 have to do with “rights of the accused”] can be triedfor a serious crime accused of that crime by a grand jury A. A person can be tried for a serious crime only if he has been accused of that crime by a grand jury. tried twice for the same offense B. No one may be tried twice for the same offense. [Double Jeopardy clause] – no one may be put in jeopardy twice for the same offense] testify against himself Plead the “5 th” C. No one may be forced to testify against himself or his spouse. You don’t have to answer questions by the police or the courts. [Plead the “5 th” ] due process of law D. No one can be deprived of life, liberty, or property without due process of law [fair and equal treatment under the law]. EMINENT DOMAIN taking property for public use E. The government may take private property for a legitimate public purpose; but when it exercises that power of EMINENT DOMAIN [taking property for public use], it must pay a fair price. New Cowboys stadium meant property losses. So, if the jury foreman says? There will be no 2 nd trial.

Right To A Speedy Trial Amendment 6. Right To A Speedy Trial IMPARTIAL JURY A. IMPARTIAL JURY. You do not have to use a jury and can have the case transferred if it has received too much publicity. told what crime you are accused of B. Right to be told what crime you are accused of. question all witnesses C. Right to hear and question all witnesses against you. right to compel D. The right to compel [require their testimony] witnesses to appear at a trial to tell your side of the story. E. Right to a lawyer.

disputes in excess of $20 AMMENDMENT 7 - Jury Trial In Civil Cases [not a criminal matter – but where one person sues another] Applies to all disputes in excess of $20. AMMENDMENT 8 - No Excessive Bail or Fines “Cruel and Unusual Punishment” bread and water AMMENDMENT 8 - No Excessive Bail or Fines, or “Cruel and Unusual Punishment” [like torture and beheading] [The Court of Military appeals has abolished an old Navy punishment of 3 days on bread and water as both cruel and unusual] Tar and Feathering The“Rack”

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The right to a reasonable bail, and the protection from cruel and unusual punishment. Let the punishment fit the crime. In essence this means that you won’t get fined $10,000 for parking in tow- away zone.

The 9th Amendment - “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” WOW!! You mean I get even more rights than what is in the Bill of Rights?!?!? That Flippin’ Rocks!! 9 th Amendment: This is supposed to mean that if the rights were not spelled out specifically in the Constitution, then those rights belonged to the people. For example, the Constitution has nothing in it about who you use for your Internet service provider. Therefore, the government cannot deny you that choice.

The 10th 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.” Meaning… 10 th Amendment If the rights were not spelled out specifically in the Constitution, then those rights belonged to the states. For example, the constitution is silent about driving a car. The power to grant licenses for driving is left to the states. Which is why you can drive a car at 15 in S.C. but not until 16 in Ohio.