Chapter 4 Notes Civics

1. Adding Bill of Rights Between 1787 and 1790 the 13 states ratified the constitution Some people felt it did not protect their individual rights Many wanted rights written down on a list They needed a bill of rights

Continued… Bill of Rights- the first 10 amendments to the U.S. constitution Became a model used around the world to protect human rights

a. 1 st Amendment Of the 10 amendments of the Bill of Rights most people known the 1 st one best Why? Because it touches our lives everyday It protects basic freedoms we have today

Rights the 1 st Amendment Protects Freedom of Religion “Congress shall make no law respecting an establishment of religion” What does this mean? Congress cannot establish an official national religion Americans have the right to practice any religion they wish

Continued… Separation of Church and State There should be a clear division between government and religion By upholding this decision the Supreme Court banned school sponsored prayers in public schools

i. Freedom of Speech “Congress shall make no law…limiting the freedom of speech” What does this mean? Gives Americans the right to express our ideas and opinions openly Allows Americans to criticize the gov’t if we do not like it

Continued… People who criticize their gov’t in other countries can be punished or killed Part of the 1 st amendment!

ii. Freedom of the Press “Congress shall make no law…limiting the freedom…of the press” Colonial times= newspaper could NOT criticize the government (even if they were true) What is freedom of the press? The right to express ideas in writing Included in the 1 st Amendment!

Freedom of Assembly “Congress shall make no law…limiting the right of the people to peacefully assemble” Hold meeting Meet to discuss problems Protest gov’t decisions Also to socialize Part of the 1 st Amendment

Freedom of Petition “Congress shall make no law…limiting…the right of the people…to petition the Gov’t for a redress of grievances” What does this mean? You have the right to ask the gov’t to address your concerns Examples: 1. Ask representatives to pass you like 2. Change laws you do not like Part of the 1 st Amendment!

Other Rights Guaranteed by BOR Bill of Rights grants more rights than just: Freedom of Speech Freedom of Press Freedom of Religion Freedom of Assembly Freedom of Petition **It guarantees rights for the accused, establishes the rights of states and citizens**

Protecting Citizens The 2 nd and 3 rd Amendment are designed to protect citizens

2 nd Amendment Americans have the right to keep and bear arms What does this mean? To own and carry weapons

3 rd Amendment In colonial days British soldiers could enter homes and force colonists to quarter them What does that mean? Colonists had to give them housing and food The 3 rd amendment stops this by prohibiting quartering of soldiers without permission

Rights of the Accused Amendments 4 through 8 of the BOR protect citizen abuses in the criminal justice system These amendments establish codes of conduct for police and courts

4 th Amendment Protects citizens from unreasonable search and seizure What does this mean? Police officers must have a search warrant or have probably cause to search a specific place Officers must believe there is a danger to public safety or a criminal activity is involved

5 th Amendment Before a person can go to trial for a crime a jury must indict them Indict- formally accuse an individual of a crime Jury must decide if there is enough evidence to go to trial Also protects accused person from self- incrimination Self-incrimination- having to testify against oneself Protects against double jeopardy Double Jeopardy- Being tried twice for the same crime

5 th Amendment Continued… Also protects a person from being denied life, liberty, or property without due process of law Due Process of Law: A person cannot be punished for a crime until the law has been fairly applied What does that mean? Gov’t must act within the law

5 th one more time…. Protects a person’s right to own private property However… Gives gov’t power of eminent domain Eminent Domain- Power to take public property for public use Example: Gov’t needs to take land to build a new highway or school Gov’t forces owner to sell land, but at a fair price

6 th Amendment A person accused has a right to a public trial decided by a jury Must be informed of the charges against them Also have right to an attorney If person can’t afford one, one will be provided for free

7 th Amendment Same as 6 th amendment Is less known Provides a trial by jury But….. Cases involving money or property These are called civil cases

8 th Amendment Makes sure that people accused of crimes appear at their trial Judges can order people to pay bail Bail- money or property that he accused gives the court to hold Only way to get it back it to show up for trial 8 th amendment- courts cannot set excessive (too much) bail

Continued… 8 th amendment also: Forbids cruel and unusual punishment Such as: 1. Branding 2. Whipping **Debate today is whether the death penalty is cruel and unusual punishment**

Right of States and Citizens Authors of the Bill of Rights Did not want to say that citizens only had the rights set out in the constitution and the first 8 amendments As a result they wrote 2 amendments to make sure Americans have other rights

9 th Amendment Americans enjoy rights not listed in the constitution Rights are open to interpretation

10 th Amendment Final guarantee to citizens rights Deal with powers not specifically given to the federal gov’t by the constitution nor forbidden to the states These powers belong to the states or the people Gives states power to act independently