Things You Probably Didn’t Know About the Bill of Rights

1. Things You Probably Didn’t Know About the Bill of Rights And how to remember them…

2. True or False? • The protections set forth in the Constitution and the Bill of Rights (and other amendments) apply ONLY to US citizens. • FALSE – Constitutional protections apply to EVERYONE, citizen or noncitizen (includes illegal immigrants). • Protections do not extend in cases where the Constitution explicitly say other wise. • Ex: 15th Amendment – “The right of citizens to vote shall not be denied or abridged by the US or by any State on account of race, color, or previous condition of servitude.” • Noncitizens are denied some privileges but are still guaranteed all freedoms.

3. 1st Amendment • Freedoms of… • Speech (point to mouth) • Religion (point up) • Press (finger as pen) • Assembly (fingers as people) • Petition/protest (point at “gov’t”) • RAPPS

4. Did you know… • If a person were to print something that urged people to disobey laws, he/she may get in trouble. • If a person says something that is not true, it could be slander. The Bill of Rights does not protect anyone from being sued for slander. • There are limits to the right to assemble. • Cannot block traffic, sidewalks, doors – cannot interfere with the rights of other citizens

5. 2nd Amendment • Right to bear arms • Thumb and index finger as “gun”

6. Did you know… • Not everyone has the right to have and use firearms. States may make rules about the use of guns within their borders. • Congress also passed laws about guns. Federal law does not allow the sale of rifles or shotguns to people under 18. If a person owns a machine gun, it has to be registered with the Treasury Department.

7. 3rd Amendment • No forced housing of soldiers • Goldilocks and 3 bears (Goldilocks forced her stay)

8. Did you know… • The 3rd Amendment is the least contested amendment and has never been used as primary basis of a Supreme Court decision.

9. 4th Amendment • Guards against unreasonable searches and seizures. • Curl your 4 fingers and knock on a door with your knuckles (“Police!”) • Searching 4 something

10. Did you know… • Frisking (pat searching) a suspect to remove a gun may be permitted. This is not considered an unreasonable search. • A police officer can search your car (anything that is visible). If they have reasonable suspicion that something is wrong (red eyes, slurred speech, shaky hands, funny smells), they can search your glove compartment, center console, etc.

11. 5th Amendment • Right to grand jury, freedom from double jeopardy, freedom from self-incrimination, right to due process of law, and eminent domain Self-incrimination Due process Double jeopardy Eminent domain Grand jury

12. Did you know… • If a jury cannot decide whether or not a person is guilty of a crime (mistrial), then the person can be tried again for the same crime. Double jeopardy only protects people acquitted (decided innocent) of a crime. • Crimes such as kidnapping are against both state and federal laws. It is possible for an accused person to be tried for the state crime in a state court and the federal crime in a federal court.

13. 6th Amendment • Right to… • Speedy, public trial • Jury • Informed of charges • Confront witnesses • Compel witnesses to appear in court • Counsel “Speedy Six”

14. Did you know… • The government cannot hold you without telling you what you are charged with AND providing evidence. • Habeas corpus – “have the body” • Writ of habeas corpus – a written document produced by the government to explain why the person is being held and with what evidence.

15. 7th Amendment • Right to a jury in a federal civil case that concerns more than $20 • “Civil Seven”

16. Did you know… • Before 1688, English judges were servants under the King of England. These judges were often biased towards the King, and because of this, their rulings were not always fair. The authors of the Bill of Rights did not want an unfair/biased legal system, therefore a jury is allowed for civil cases that concern more than $20.

17. 8th Amendment • No excessive bail or cruel, unusual punishments • 8 (a person) behind bars

18. Did you know… • For the general purposes, any particular punishment that inflicts an extraordinary amount of pain and can only be viewed as a form of torture will be deemed as cruel and unusual. • In terms of bail or fines, any amount that would essentially render the individual incapable of supporting him/herself or their immediate family or function in society is deemed as excessive. 

19. 9th Amendment • Protects individual freedoms not explicitly outlined in Constitution. • 9 – P (people)

20. Did you know… • The writers of the Constitution believed that people have rights just because they are human. They wanted to make it clear that all their rights that were not mentioned in the Constitution were still protected. Therefore, the 9th Amendment is like insurance to protect our rights that are not listed.

21. 10th Amendment • Powers that are not given to the federal gov’t in the Constitution are reserved for the states and the people. • Last chair in the restaurant is reserved (last amendment in the BOR)

22. Did you know… • The 10th Amendment was added because many people feared the new national government when the Constitution was written. Would it try to use powers it had not been given? Certain powers were to be kept by the states and the people, if not outlined in the Constitution for the federal gov’t.