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The Bill of Rights

The Bill of Rights. The First Ten Amendments to the U.S. Constitution. Background. The Absence of a “bill of rights” turned out to be an obstacle to the Constitution’s ratification by the states. The Federalist opposed including a bill of rights because they thought it was unnecessary.

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The Bill of Rights

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  1. The Bill of Rights The First Ten Amendments to the U.S. Constitution

  2. Background • The Absence of a “bill of rights” turned out to be an obstacle to the Constitution’s ratification by the states. • The Federalist opposed including a bill of rights because they thought it was unnecessary. • The Anti-federalist, who were afraid of a strong centralized government, and refuse to support the Constitution without BOR.

  3. 1st Amendment Freedom of religion, speech, press, petition and assembly • ( R ) Religion • ( A ) Assembly • ( P ) Press • ( P ) Petition • ( S ) Speech

  4. Two Clauses: • Establish Clause • Free Exercise Clause

  5. Establishment Clause – govT. Cans Cannot • Allows voluntary prayer in many examples • Transport students to a religious school • Read the bible for culture or literacy content • Set a state religion • Order a prayer • Teach creationism • Use public funds to endorse or influence any religion

  6. Free Exercise – the person (you) Can Cannot • Choose to worship whatever religion, or choose none at all • Lead a prayer home or outside of school • Ask questions about religion • Break the law and claim it is religious belief • Create a disturbance or social chaos in leading the prayer

  7. Free Speech • “Congress shall make no laws …. Abridging the freedom of speech”

  8. Free Speech – The individual can: • Say any political belief • Protest (without getting out of control) • Say things about someone that are true • Burn the flag • Say racist and hate slogans Free speech means someone might say something you disagree with.

  9. Free Speech – limits on the person • Threaten to blow/shoot/kill up airplanes, schools or the president • Sexual harassment • Create too much social chaos ( Fire, Fire, Fire) • Extremely crude language in public form • Disrespectful, vulgar language in schools • Hate speech inciting violence

  10. Freedom of the press Congress shall make no law … abridging … the freedom of the press

  11. Freedom of the press – the press Can Cannot • Print any political position • Make fun of people, especially politicians • Expose wrongs by the government • Say things you might not agree with • Libel – intentionally injuring a person’s reputation by false fact • Disclose defense security secrets

  12. Freedom of assembly Congress shall make no law … abridging … the people to peaceably assemble

  13. Freedom of assembly - individual Can cannot • Protest with signs • Parade (with a permit) • Parade chanting hate slogans • Protest by throwing rocks and breaking windows • Hang our on private land against owners will – loitering • Public laws restrict if “ clear & present Danger” is present • Teen curfew

  14. 2nd Amendment Right to bear arms , or simply put, the right to own guns

  15. 3rd Amendment The govt cannot force you to shelter soldiers in your home without your consent, either in times of war or peace.

  16. Rights of the accused amendments #4-8 important to protect our freedom

  17. 4th Amendment • The right to no UNREASONABLE search and seizure Simply stating the government needs a search warrant to search or seize your property, unless there is PROBABLE cause meaning there is clear evidence of a crime

  18. 5th Amendment • You cannot be tried for same crime twice – called double jeopardy

  19. 5th amendment • Eminent Domain – the govt. must compensate, or pay, for the land they take from you

  20. 5th amendment – I plead the 5th • Right to remain silent – you do not need to testify against yourself . “I Plead the Fifth” • SELF-INCRIMINATION: You do not have to answer • questions (either from the police or in court) that might make you look guilty. • „”You have the right to remain silent, anything you say can be used against you in a court of law” —police must read Miranda warnings before questioning

  21. 5th amendment – Due process • You must have due process of law before you are convicted • DUE PROCESS: Steps taken from arrest to trial • must be fair. • „Arraignment must occur shortly after arrest — you face a judge who will tell you what you are charged with and will ask you how you plead. • „Right to grand jury to determine if trial should be held

  22. 6th Amendment • The right to a speedy, public trail • The right to impartial jury • Right to an attorney • Right to question the accuser

  23. 7th Amendment The right to trail by jury in CIVIL cases

  24. 8th Amendment The right to no cruel or unusual punishment; limits on fines

  25. 9th Amendment – people’s rights • People’s Rights, the “just in case” Amendment meaning unless the government says it is illegal you have that right

  26. 10th amendment – state’s rights • Rights that were not spelled out specifically in the Constitution, automatically belong to the states. • States can pass laws too

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