The Bill of Rights Amendments 1-10

THE BILL OF RIGHTS Amendment 1Freedom of religion, speech, press, petition, and to peaceably assemble Amendment 2Rights to bear arms Amendment 3Right to not quarter soldiers Amendment 4Protection from search and seizure without warrant or probable cause Amendment 5Due process, double jeopardy, self incrimination, eminent domain Amendment 6Right and speedy trial Amendment 7Trial by jury of peers Amendment 8Cruel and unusual punishment Amendment 9Non-Enumerated Rights Amendment 10Powers of the state and people Ratification date December 15, 1791

The Bill of Rights  The Bill of Rights were proposed by the first session of the First Congress in 1789 and were ratified by the States in  The Bill of Rights set out the great constitutional guarantees of freedom of belief and expression, of freedom and security of the person, and of fair and equal treatment before the law.  The first ten amendments were added to the Constitution so quickly, that for all intents and purposes they might just as well be regarded as a part of the original Constitution.

The First Amendment  Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.  Freedom of religion, speech, press, petition, and peaceable assemble  Ratification date December 15, 1791

The First Amendment Court Cases  Hazelwood S.D. vs. Kuhlmeir – 1998  Freedom of Press – Reasonable authority of the schools  The Court noted that the paper was sponsored by the school and, as such, the school had a legitimate interest in preventing the publication of articles that it deemed inappropriate and that might appear to have the imprimatur of the school.  Tinker vs. Des Moines – 1969  Symbolic Speech Symbolic Speech  Ruled in the favor of the students  “Students don't shed their constitutional rights at the school house gates.”

Lemon Test  Lemon Test 1. A law must have a secular, not religious, purpose 2. It must neither advance nor inhibit religion 3. It must not foster am “excessive entanglement” of government and religion  The Lemon Test stems from Lemon vs. Kurtzman, 1971  Endorsement  Laws cannot endorse certain religion

The Second Amendment  A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.  Rights to bear arms  Ratification date December 15, 1791

The Third 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.  Right to not quarter soldiers  Ratification date December 15, 1791.

The Fourth Amendment  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.  Protection from search and seizure without warrant or probable cause  Ratification date December 15, 1791.

The Fifth Amendment  No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.  Due process, double jeopardy, self incrimination, eminent domain  Ratification date December 15, 1791.

‘Just Compensation’  Or fair market value  Compensation provided to an owner whose private real property is seized by the government's power of eminent domain, which allows it to take such property for public use.  For example, when the national highway system was being constructed in the 1950s, many homeowners had their property seized through eminent domain because the government wanted the land to build the highway system.  The just compensation remedy is provided by the Fifth Amendment's taking clause, and is usually considered to be fair market value.  However, what the government considers just compensation may not be considered as such by the person whose property is seized.  Eminent Domain  the right of a government or its agent to expropriate private property for public use, with payment of compensation.

The Sixth Amendment  In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.  Right and speedy trial  Ratification date December 15, 1791

The Seventh Amendment  In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.  Trial by jury of peers  Ratification date December 15, 1791

The Eighth Amendment  Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.  Cruel and unusual punishment  Ratification date December 15, 1791

The Ninth Amendment  The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.  Non-Enumerated Rights  Ratification date December 15, 1791

The Ninth Amendment Court Cases  Griswold vs. Connecticut – 1965  The 1879 law provided that “any person who uses any drug, medicinal article or instrument for the purposes of preventing conception shall be fined not less than forty dollars or imprisoned not less than sixty days.”  Estelle Griswold, the executive director of Planned Parenthood League of Connecticut, and Dr. C. Lee Buxton, doctor and professor at Yale Medical School, were arrested and found guilty as accessories to providing illegal contraception  The Supreme Court, in a 7-2 decision written by Justice William O. Douglas, ruled that the law violated the "right to marital privacy" and could not be enforced against married people.  The right to use contraceptives for a married couple.

The Ninth Amendment Court Cases  Roe v. Wade – 1973  Roe, a Texas resident, sought to terminate her pregnancy by abortion. Texas law prohibited abortions except to save the pregnant woman's life.  The district court held that the Texas abortion statutes were void as vague and for over broadly infringing the Ninth and Fourteenth Amendment rights of the plaintiff.  Siding with Roe, the court struck down the Texas law.  In its ruling, the court recognized for the first time that the constitutional right to privacy “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.”  Allowing abortion accessible to women – personal liberty  Roe has come to be known as the case that legalized abortion nationwide. At the time the decision was handed down, nearly all states outlawed abortion except to save a woman’s life or for limited reasons such as preserving the woman’s health, or instances of rape, incest, or fetal anomaly.  Roe rendered these laws unconstitutional, making abortion services safer and more accessible to women throughout the country.

The Tenth 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.  Powers of the state and people  Ratification date December 15, 1791