1. Exam Prep Section 2 Parts 3 and 4: The Bill of Rights

2. The Bill of Rights
The Bill of Rights is the first 10 amendments to the US Constitution. They include:
Amendment 1: Freedom of assembly, petition, the press, freedom of religion, and freedom of speech.
Amendment 2: Right to bear arms
Amendment 3: Right not to have soldiers stay in your home without your permission
Amendment 4: Right to unreasonable search and seizure
Amendment 5: Right to remain silent, right to own property and the right not to lose life, liberty and property without due process of law. People can’t be accused of the same crime twice- double jepordy
Amendment 6: Right to a fair and speedy trial
Amendment 7: Right to a trial by judge and jury
Amendment 8: Right not to be subject to cruel and unusual punishment or fines.
Amendment 9: States can offer people more rights, just not less than those in the US constitution.
Amendment 10: What is not given to the Federal Government by the Constitution, are reserved for the states.

3. Protecting our Rights
Bill of Rights after the Constitution was adopted.
Article 1 Section 9: Peoples rights cannot hold people in jail without a just cause, example a revolution or an issue with public safety. This called the right of “Habeas Corpus”
Ex-post-facto: This means that a government can’t arrest you and put you in jail for a crime that was legal when you did it!

4. Judicial Branch protects our rights.
The courts are independent of the executive and legislative branches. That means that the courts can protect our rights without the fear of judges being fired or having their salaries reduced because a politician does not like the judgment of the court. Article three- Protects and gives a judge his or her powers under the constitution. Judges do not have to be concerned that other branches of government will punish them if they do not agree with a ruling. This is designed to help judges protect our rights and allow them to make rulings without fear of harm or punishment.

5. Limiting our Rights
Our rights are not absolute. We must remember not to interfere with the rights of others so as to protect the common good.
Court cases have also limited our rights in some instances. Example: Yelling “fire” in a crowded theatre. War and natural disaster can sometimes make it difficult to fight the war. Sometimes it might be necessary to limit freedoms to protect national security.

6. When should a court/government limit your rights?
Is there a clear and present danger to the nation- a war or revolution that causes the government to limit or suspend some rights.
Are you promoting heat speech?
Are you spreading information that you know to be untrue?
Are you doing something that is a conflict to the interests of the government? This may be difficult for everyone to agree with. However, if you are giving information to an enemy nation OR if you are telling people not to sign up or fight in a foreign war when the government has instituted the draft, and you are telling people not to sign up. You could be arrested in this case.