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Bill of Rights. The Rights of the People. What is the difference between a right and a freedom. Rights are things you have Rights are things you can do Government cannot grant rights, they can take away rights Freedom is the condition of being free
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Bill of Rights The Rights of the People
What is the difference between a right and a freedom • Rights are things you have • Rights are things you can do • Government cannot grant rights, they can take away rights • Freedom is the condition of being free • The power to act or speak or think without imposed restraints
Bill of Rights • First 10 amendments to the Constitution • Added in 1791 • They guaranteed basic freedoms to the people • They also limited the powers of the federal and state governments
Amendment I • Freedom of religion, speech, press, assembly and petition • Government can’t force a religion upon you; practice what you want or none • Say what you want, but there are limits (ex: can’t threaten the president) • Can gather together as long as no disturbance to public safety • Can complain to/about the government
Amendment II • Right to keep and bear arms; states’ right to have militia • Gun control? • Should citizens have weapons or just a “well regulated militia?”
Amendment III • Freedom from having to allow soldiers to stay in citizens’ homes in times of peace • Soldiers cannot stay in civilian houses
Amendment IV • Freedom from unreasonable searches and seizures • Property cannot be searched without a warrant • Warrant is approved by a judge and has to describe what is being searched
Amendment V • Freedom of being accused of a crime except by grand jury indictment and from being tried twice for the same offense; right to due process • Grand Jury to decide if enough evidence for trial • No Double Jeopardy- person can’t be tried twice for same crime • Plead the 5th- person can’t be forced to testify against himself (self-incrimination)
Amendment V continued • Due process of law- certain procedures that those charged with a crime have to go through • Eminent Domain- private property can’t be taken for public use without compensation
Amendment VI • Right to a fair trial in criminal cases • Speedy and public trial • Have to be told what you are being charged with • Confront witnesses and have witnesses testify on your behalf • May have a lawyer • Miranda Rights
Amendment VII • Right to a jury trial in most civil cases • Jury trial in cases dealing with money and property
Amendment VIII • Right to reasonable bail, fines, and punishment • No excessive bail or fines • No cruel or unusual punishment • Death Penalty?
Amendment IX • Protection of rights not written in the Constitution • Any rights not listed in the Bill of Rights are the people’s rights • Right to privacy
Amendment X • Powers not given to federal government reserved for states or people • States rights- any power not given to the federal government are rights for the States to decide unless it goes against the Constitution • Ex: Same-sex marriage, Abortion