1. Chapter Four A Tradition of Democracy Rights and Responsibilities
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The Bill of Rights

3. A Ratification Promise
Framers wrote => Secure the blessings of liberty
Americans wanted => actual list of protected rights
100 amendment proposals discussed by Congress
12 proposals presented to the states for approval
10 amendments ratified by the states
100 12 10

4. Protecting American Freedoms
Bill of Rights = The first 10 amendments to the U.S. Constitution, which set forth basic rights guaranteed to all Americans
1791
All rights listed in the Bill of Rights have their origins in issues from colonial times.

5. First Amendment the most familiar rights - so close to our daily lives
the basic rights that are essential to a free people

6. First Amendment Freedom of Religion Separation of Church and State =
the right to practice any religion - or to practice no religion at all
forbids Congress from establishing an official national religion
forbids Congress from favoring one religion in any way
Separation of Church and State =
The division between religion and
government.
established by Supreme Court decisions interpreting
the First Amendment
example: no school-sponsored prayers in public schools
mixed message? early 1950's Congress added the words "under God" to the Pledge of Allegiance and adopted "In God We Trust" as the national motto, which was also then printed on all U.S. money.
LIMITS
 no bigamy or polygamy
 no human or animal sacrifices
 no illegal drug use

7. First Amendment Freedom of Speech Slander = Spoken false statements
the right to express ideas and opinions through speech
the right to listen to the ideas and opinions of others
guarantees open expression of thoughts and ideas
right to express opinions about the government
right to criticize the actions of government officials
LIMITS
 cannot use speech to injure others or cause physical harm
 no right to tell lies or to spread false rumors about others
 cannot be linked to an unlawful act – clear and present danger
 cannot threaten national security or government overthrow
Slander = Spoken false statements
that damage another person’s reputation.

8. First Amendment Freedom of Press
right to express ideas in writing
protects written works – books, newspapers, magazines
the courts have decided that freedom of the press also applies to:
television, radio, internet, artwork, lyrics, photos, films, video games, software
LIMITS
 cannot publish falsehoods that harm reputations
 cannot be linked to an unlawful act – clear and present danger
 cannot threaten national security or government overthrow
Libel = Written falsehoods that damage
another person’s reputation.
               

9. First Amendment Freedom of Assembly freedom to hold meetings
the right to meet to discuss problems and plan actions
gather to express views about government decisions
freedom of association – clubs, unions
freedom of assembly applies to:
meetings, rallies, demonstrations, pickets, marches, parades, protests
LIMITS
 meetings must be peaceful
 no criminal trespass, buffer zones
 crowd congestion, required permits
 cannot be linked to an unlawful act – clear and present danger
 cannot threaten national security or government overthrow

10. First Amendment Freedom of Petition
the right to ask the government to do something or stop doing something
the right to contact representatives and ask them to pass laws you favor
the right to ask representatives to change laws you do not like
LIMITS
 must follow legal format

11. Second Amendment Right to Bear Arms the right to own and carry guns
LIMITS
 restrictions on types of guns
 regulations for use of guns
 registrations and permits for possessing guns

12. Third Amendment No Quartering of Soldiers
government cannot house soldiers in private citizens' homes during peacetime without the owners' consent
LIMITS
 wartime

13. Fourth Amendment No Unreasonable Search or Seizure
protects people from unreasonable searches and seizures
persons or property cannot be searched without just cause
property cannot be taken from us by the government without just cause
requires a search warrant
Implied right of privacy
LIMITS
 plain view
destruction of evidence
Search Warrant = A legal document granted by a judge that permits police to enter and search a place where there is reason to believe evidence of a crime will be found.

14. Fifth Amendment Rights of the Accused
indictment by grand jury - formally accuse an individual of a crime
a grand jury decides if there is enough evidence to go to trial
no self-incrimination - having to testify against oneself (plead the fifth)
no double jeopardy - being tried twice for the same crime
due process of law - cannot be denied life, liberty, or property until the
law has been fairly applied
implies government power to execute and incarcerate citizens
right to own private property
basis of U.S. economic system
government authority of eminent domain - right to take private property
for public use
to build a road or a school or other public need
owner must surrender property but must be paid a fair price 14

15. Sixth Amendment Rights of Fair Trail prompt (speedy) trial
public trial
trial by a jury
must be informed of the charges
right to hear and question all witnesses against them
right to call witnesses to appear in court
right to have a lawyer
if an accused person cannot afford to hire a lawyer, one will be
provided by the courts and the government pays the lawyer's fee
Some of these rights are also associated with the Miranda warning 15

16. Seventh Amendment Right of Jury Trial in Civil Cases
provides for a trial by jury in civil cases
involves conflicts over money or property
lawsuits with a minimum of $20 at stake 16

17. Eighth Amendment No Excessive Bail or Punishment
courts cannot set bail that is too high for the crime
bail is money or property an accused person gives a court to
guarantee that he or she will appear for their trial
allows the accused to remain free until trial concludes
no excessive fines (money penalty)
forbids "cruel and unusual" punishment
punishment must fit the crime
no torture or brutal execution methods 17

18. Ninth Amendment More Rights for the People
the people of the United States enjoy many other basic rights
that are not listed in the Constitution
not just those rights that are specifically mentioned in the
Constitution and in the first eight amendments
these rights have not been specifically defined
ensures that Americans enjoy every right and freedom possible
the Supreme Court has sometimes uses it as a tool to support
people's claims to specific rights
the right to political activity and the right to privacy 18

19. Tenth Amendment Reserved Powers of the States and People
all powers not expressly given to the federal government nor forbidden to
the states by the Constitution are reserved to the states or to the people
gives the states the power to act to guarantee citizens' rights.
serves as a final guarantee of citizens' rights. 19