The Bill of Rights Take that, Federalists!

Amendment 1  Freedom of expression  Congress cannot abridge or “limit”  Protection of minority, “unpopular” though, AKA “the thought we hate”-Oliver Wendell Holmes  Freedom of Religion  Establishment Clause  “High wall of separation”  Lemon v. Kurtzman (1971)  Free exercise  belief vs. practice  Speech and Press  Schenk v. US (1919)  “clear and present danger”  includes symbolic speech  Assembly  regulation of time/place  Petition  for “redress of grievances”

Amendment 2  Right to Bear Arms  guarantees the right of a state militia to keep weapons, gov’t can regulate the ownership of weapons by private citizens

Amendment 3  Quartering of Troops  Restricts gov’t rights to use private residences  none without consent in peace  none without “as prescribed by law” when at war

Amendment 4  Search and Seizure  protects from unreasonable (warrantless)  exclusionary rule (Mapp v. Ohio 1961)

Amendment 5  Rights of the accused  grand jury  double jeopardy  no self-incrimination  due process (fair procedure)  eminent domain

Amendment 6  Trial Rights  speedy and public trial in criminal cases  impartial jury of peers (jurisdiction)  compulsory process (witnesses)  counsel

Amendment 7  Civil Trial rights  Right to jury vs. judge/bench trial  based on monetary amount (over $20)

Amendment 8  Bail and Punishment  prohibits unreasonable denial of bail  prohibits excessive bail  no “cruel or unusual” punishment

Amendment 9  Rights reserved to the people, states  right to privacy

Amendment 10  Powers reserved to the states  limits federal power: states get what is not delegated to federal, nor denied to states  concept of reserved (state) powers

Amendments 9 and 10  The Founders wanted to make sure the Bill or Rights is not a complete statement  Rights not addressed are still valid

Ratification  Bill of Rights proposed Sept. 1789, ratified Dec  designed to restrict the national government