OVERVIEW OF AMENDMENTS FOCUS ON BILL OF RIGHTS + OTHER KEY AMENDMENTS
Difference between Civil Liberties & Civil Rights Civil Liberties Protection against the government Guarantees of protection of opinions, property from gov’t Civil Rights Positive acts by gov’t to guarantee Constitutional rights are given to all Civil Rights Act of 1964
Are rights guaranteed to all people? All Citizens Not foreign born Not in jail or out on bail Not for those in an institution Wartime limits--
Federalism & Individual rights Some rights guaranteed by Federal gov’t; others by state Gov’t is limited by the Bill of Rights Some laws restrict actions at state level only—gun laws Due Process—any right essential to liberty Rights are relative not absolute!
1 ST AMENDMENT “One man’s vulgarity is another man’s lyric” ~Justice John Harlan Freedom of Speech, Press, religion, assembly, petition gov’t
2 nd Amendment The right to bear arms (guns) Limits on the private possession & use of firearms
3 rd Amendment No quartering of troops in private homes without consent of owner Revolutionary War time common practice Bring soldiers into troops against privacy of home
4 th Amendment Be secure in your persons, papers, houses against unreasonable search and seizure Need a court ordered warrant to search
5 th Amendment No double jeopardy Can’t be tried for a crime without being accused of it Can’t self-incriminate Can’t take property without paying the owner for it
6 th Amendment Right to speedy and public trial Defendant informed of charges Right to cross examine witnesses Right to an attorney
7 th Amendment Deals with Civil cases in Federal court only Right to trial by jury
8 th Amendment Excessive bail is not allowed No cruel or unusual punishment
9 th Amendment Constitution specifically lists many civil rights, but not all. There are other rights not listed
10 th Amendment Powers not given to the Federal gov’t are reserved for the State gov’t
14 th Amendment Rights found in 1 st 8 amendments are extended to the states. Due Process—state and local gov’t can’t act unfairly Equal Protection-states can’t discriminate against people
Right to Privacy Not specifically mentioned in Constitution “the right to privacy is a person’s right to be left alone by the government.. The right most valued by civilized men”~Justice Louis Brandeis