CHAPTER 4 SECTION 2: THE BILL OF RIGHTS CONTINUED

1. CHAPTER 4 SECTION 2: THE BILL OF RIGHTS CONTINUED

2. Protecting the rights of the accused: 4th, 5th, 6th and 8th Amendments

3. 4th Amendment: Protects Americans “against unreasonable searches and seizures” • No soldier, government agent or police officer can search your home or take your property without probable (valid) cause. • If you are believed to have committed a crime a search warrant can be issued. • Search warrant – court order allowing law enforcement officers to search a suspect’s home or business and take specific items as evidence • Search warrants are not given easily; judges must be convinced the search will probably turn up evidence of criminal activity

4. 5th Amendment: Protects the rights of people accused of crimes • No trial may be held unless a person is formally charged, or indicted by the grand jury • Indicted – formal charge • Grand jury – citizens called to review evidence against the accused. • Person indicted is not necessarily guilty of a crime • Indictments indicate the grand jury’s belief that the person my have committed the crime • A person found guilty may not be put on trial for the same crime twice • This is known as double jeopardy • Accused persons have the right to remain silent • Accused cannot be forced to testify against themselves; this protects against self incrimination • Every person is entitled to due process of law • Due process – following established legal procedures • No one may be deprived of their property by the government without compensation • Limits the government power of Eminent Domain (right of the government to take private property for public use.)

5. 6th Amendment: guarantees additional right to people accused of crimes • Accused must be informed of the nature of the charges • Accused must be allowed a speedy and public trial by an impartial jury • If possible the trial must be held in the area where the crime took place • The accused must be permitted to hear and question all witnesses • The accused is entitled to a lawyer and to call witnesses for his or her own defense

6. 8th Amendment: • Forbids excessive bail • Bail – sum of money used as a security deposit. If accused comes to court bail is returned. If accused fails to appear the bail is forfeited • Bail is determined based on the type of crime, the record of the accused person and the likelihood the accused person will appear in court • Forbids cruel and unusual punishment • Americans usually agree punishment should be in balance to the crime committed

7. Other protections: • 2nd Amendment: Right to bear arms • Courts generally rule the government can pass laws to control but not prevent the possession of weapons • 3rd Amendment: In peacetime, soldiers may not move into private homes without the consent of the homeowner. • 7th Amendment: Provides for the right to a jury trial in federal cours to settle all disputes about property worth more than $20

8. 9th Amendment: States that all other rights not spelled out in the constitution are “retained by the people” • Prevents the national government from claiming that the only rights people have are those listed in the Bill of Rights • Makes it clear citizens have other rights than those listed in the constitution and these rights cannot be taken away • 10th Amendment: states that any power the constitution does not specifically give to the national government is reserved for the states and for the people • The federal government is limited to only the powers it is granted in the constitution • Prevents Congress and the President from becoming too strong

9. CHAPTER 4 SECTION 3: EXTENDING THE BILL OF RIGHTS

10. CIVIL WAR AMENDMENTS: 13th, 14th and 15th amendments • Bill of Rights intended originally to constrain only the national government • Because local and state governments were not originally bound by the terms in the Bill of Rights they passed laws that violated civil liberties • 3 Amendments passed after the Civil War extended civil liberties to African Americans

11. 13th Amendment: officially outlawed slavery in the US • Outlawed forced labor except in punishment for a crime

12. 14th Amendment: (1868) defined a US citizen as anyone “born or naturalized in the US” • Also required states to grant its citizens “equal protection of the laws” • Also forbids state governments from taking someone’s “life, liberty or property without due process of law” • This made the Bill of Rights binding for state governments and the federal government • Why was this needed? Up until this time many southern states tried to limit the rights of blacks by passing “black codes”. “Black codes” excluded African Americans from certain jobs, limited their property rights, etc

13. 15th Amendment: says that no state can take away a person’s voting right on the basis of race, color or previous enslavement • Last of the civl war amendments • Amendment clearly aimed to guarantee suffrage (the right to vote) to African-Americans • In reality 15th Amendment only protected men and left women out

14. LATER AMENDMENTS • 17th Amendment: voters are permitted to elect their senators to US congress directly • Gave Americans a greater voice in government • Prior to this the state legislatures chose the members of the US Senate • 19th Amendment: (1920) protected the right of women to vote in all national and state elections • Prior to this the states made their own laws regarding a woman’s right to vote • Example: Wyoming permitted women the right to vote in 1869 • 23rd Amendment: (1961) Residents of the District of Columbia may vote for the President and Vice President just as other Americans do • Prior to this the citizens of the District of Columbia were denied the right to vote for President and Vice President because they did not live in a state

15. 24th Amendment (1964): Use of poll taxes was illegal in national and state elections • Poll tax – sum of money voters were required to pay in order to vote • Kept African Americans from the polls in the south, because they could not afford the tax • 26th Amendment (1971): guaranteed the right to vote to citizens 18 yrs and older for all national and state elections • During the time of its passage many young men were fighting in the Vietnam War. Many thought if we are old enough to die for our country we are old enough to vote