Bill of Rights: Protecting Citizens' Rights

1.  “Amendments 1-10, The Bill of Rights” Text p. 286-288 • First 10 amendments to the Constitution is known as the Bill of Rights. These amendments list out a citizens basic rights under the Constitution. It was written by James Madison, and added to the Constitution to help get it ratified. Tells the government what they can’t do.

2. 1st Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

3. 1st Amendment Freedom of religion. The government can’t require citizens to follow or practice a particular religion. Citizens may practice or not practice any religion that they wish.

4. 1st Amendment Freedom of speech. The government can’t prevent or stop a person from speaking out against the government. This includes more than just verbal speech. It can also include written words, works of art, any kind of technology that allows people to communicate with each other.

5. 1st Amendment Freedom of the press. The government can’t prevent or stop any news medium from reporting stories or information about the government. This would include the internet, television, radio, magazines and newspapers.

6. 1st Amendment Freedom to peacefully assemble. The government can’t prevent or stop any person who wants to lawfully and peacefully protest.

7. 1st Amendment Freedom to petition the government for a redress of grievances. A citizen can ask the government to explain its actions.

8. When can the government deny freedom of speech? 1) Make false statements against someone that causes them harm. Ex- Slander (spoken) or Libel (written) 2) If the speech threatens national security. 3) If the speech encourages others to break the law or incite others to use violence. 4) If the speech causes panic and results in people to getting hurt. 5) Words that present a clear and present danger to others or the United States.

9. Schenck v. United States1919 • Charles Schenck was arrested and charged with passing out pamphlets trying to persuade young men not to enter the draft during WWI. • The Supreme Court and Chief Justice Oliver Wendell Holmes affirmed the lower court ruling stating that Schenck’s actions were unlawful, and were a clear and present danger to the United States’ war effort. “Can’t yell fire in a crowded theatre” Oliver Wendell Holmes

10. 2nd Amendment The right to bear (have) arms (firearms), and to have a well regulated militia.

11. 3rd Amendment Government can’t force citizens to quarter (house) soldiersin their homes during peace time.

12. 4th Amendment Thegovernment may not conduct unreasonable searches and seizures. Law enforcement must have probable cause, and a search warrant that names the exact places to be searched and persons or things to be seized.

13. 4th Amendment Mapp v. Ohio (1961)-Evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be usedin criminal prosecutions in state courts, as well as federal courts. Established the “Exclusionary Rule”. Terry v. Ohio (1968)- “Terry Stop/Search” (Frisk). The police can stop a person, and ask questions, without "arresting" the person. Upon seeing suspicious activity, the police may perform what is called a "Terry Stop," and may temporarily detain people to request that they identify themselves and to question them about the suspicious activity. The scope of a "Terry Stop" is limited to investigation of the specific suspicious activity, and if the police detain people to question them about additional matters, the stop can turn into an "arrest." For their own safety, the police can perform a "weapons frisk" on the outside of a person's clothes (sometimes called "patting down the suspect") during a "Terry Stop." During this frisk, if they feel something that may be a weapon, they may remove it from the suspect for further examination. However, they are not entitled to remove items from person's pockets that do not appear to be weapons, even if they believe that the items are contraband.

14. 5th Amendment A person can’t be put on trial for a capital crime (crime punishable by death), or infamous crime (crimes punishable by prison or a loss of rights) unless the case is heard by a grand jury. *A grand jury is a group of between 12 -23 citizens who hear a case first to see if there is enough evidence to go on with a regular trial.

15. 5th Amendment Due Process- A person can’t be deprived of life, liberty, or property without a fair trial. Eminent Domain- Private property can’t be taken away for public use unless the person is compensated. Double Jeopardy- The government can’t put a person on trial for the same crime twice. Exception: if a person is found guilty because of a legal error, then you can be tried again. Don’t have to be a witness against yourself- An accused person doesn’t have to answer questions asked by the government.

16. 6th Amendment Right to a fair, speedy, public trial, with a jury in all criminal cases. The right to an attorney(lawyer) must be provided in all criminal trials. Civil Lawcases = Cases between two or more private citizens. Criminal Lawcases = The government brings charges against a citizen for breaking the law. After the Supreme Court case of Gideon v. Wainwright, (1963). In all criminal cases, both federal and state courts must appoint a lawyer to an accused person if he/she can’t afford one. Clarence Earl Gideon

17. 7th Amendment Atrial by jurymay be allowed in civil cases dealing with property or money as long as the value in dispute is over $20.00. An appeals court can only overturn a jury trial’s decision if they find that a legal error was made in the trial.

18. 8th Amendment Courts can’t charge too high amount of bail to the accused. The accused is protected against cruel and unusual punishments.

19. 9th Amendment Citizens of the United States are entitled to other rightsnot stated in the Constitution.

20. 10th Amendment Powersnot specifically given to the federal government in the Constitution, belong to the states or people. Creates federalism in our government. Powers divided between the state and national government. ** This is the one amendment in the Bill of Rights that does not deal with a person’s rights.