Bill of Rights Constitutional Amendments 1-10

Bill of RightsConstitutional Amendments 1-10 Chapters 5 & 6

First Amendment • Freedom of: • Religion - Speech - Petition • Press - Assembly • Establishment clause govt cannot establish an official religion; separation of church and state; different from other countries like Islamic Iran or China that discourages religion • Free exercise clause protection of individual right to worship and believe w/out govt interference • Hazelwood v. Kuhlmeier allowed administrators to censor student publications; Tinker = Students in the public schools do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.“ However, a school need not tolerate student speech that is inconsistent with its "basic educational mission," • Brief Quiz: • Is flag burning illegal? No. • Can the gov’t censor the Internet? No.

Second Amendment • Guarantees the right to keep and bear arms • Needed for well-equipped citizen army for its own security

Third Amendment • Prohibits the lodging of soldiers in peacetime w/out dweller’s consent • Q: Does this still apply today? Why is this important?

Fourth Amendment • Prohibits unreasonable searches and seizures of persons or property • Probable causereasonable grounds to believe that a suspect has committed a crime before making an arrest • Search warrant court order that authorizes police to search the scene of a suspected crime

Fifth Amendment • Guarantees rights to: • Trial by jury - due process of law • Fair payment when private property is taken for public use • Due process of lawgovt may not act unfairly or unreasonably; fed govt cannot deprive citizen of “life, liberty, property”; 14th amd places same restrictions on states and local govts • Procedural law carried out by a method that is fair and orderly • Substantive laws themselves must be reasonable • Prohibits: • Compulsory self-incrimination do not have to be witness against yourself • Double jeopardy film clip

Sixth Amendment • Guarantees rights to: • Speedy and public trial by impartial jury • Counsel • Allows: • The accused to cross examine witnesses against him/her • Solicit testimony from witnesses in his/her favor • Gideon v. WainwrightGideon accused of robbing a pool hall; did not have $ so requested lawyer; request denied; in prison, studied law; due process clause of 14th said states had to provide criminal defendants the 6th amd right to counsel • Miranda v. Arizona (1966) must be clearly informed of your rights before conviction • Movie Clip: Erin Brockovich • Was she given a fair trial? • What are some biases that might determine a trial?

Seventh Amendment • Guarantees trial by jury in civil cases involving $20 or more

Eighth Amendment • Prohibits: • excessive bail and fines • Cruel and unusual punishments authors fearful of tarring and feathering and whipping that had occurred during colonial times; Louisiana v. Resweber ok to convict a murder to a second electrocution after the first attempt failed; ok to put two prisoners in a cell built for one • Plea Bargaining defendant pleads guilty to a sentence less serious than the charge the prosecutor originally brought

Ninth Amendment • The people have rights in addition to those specified in the Constitution

Tenth Amendment • Powers neither delegated to the nat’l gov’t nor denied to the states are reserved to the states or to the people

Bill of Rights Constitutional Amendments 1-10