Bill of Rights

Protecting the rights of the citizens

After the Constitution

“We’re it left up to me to decide whether we should have government without newspapers or newspapers without government, I should prefer the latter.”

~Thomas Jefferson 1787

• 1791 BOR added to Constitution• 1st 10 Amendments• Fulfilled promise to Anti-Federalists• Protect basic individual rights of

citizens– Civil Liberties: basic freedoms we have

as citizens to think and act without government interference or fear of unfair treatment

After the Constitution

First Amendment

• 5 Basic Freedoms– Religion– Speech– Press– Assembly– Petition

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

First Amendment to the Constitution of the United States of America

Religion

• Congress cannot establish an official religion (Establishment Clause)

• Citizens may practice their faith as they wish (Free Exercise Clause)

• Government cannot treat people differently because of their religion

Speech

• Speech includes public or private discussions, telephone conversations, art, music, clothing, etc.

• Citizens may express their beliefs, even if they are against the government, without being jailed

Press

• Citizens can express their ideas and opinions in the media (newspaper, television, radio, Internet, etc.) without the government censure or punishment

• Ensures that Americans are exposed to many different opinions

Censure: preventing someone from writing or saying something

Assembly

• Assembly: gather in a group• Citizens may assemble peacefully• Citizens have the right to attend

meetings, parades, political rallies & celebrations

Petition

• Petition: formal request• Citizens may petition the

government

Limitations to the Amendment Freedoms

• Citizens are guaranteed these freedoms as long as they do not endanger our government or other citizens

• Rights not protected: – Provoke riot– Speak or write in a way that leads to criminal

activities or efforts to overthrow the government

• Rights of one individual must not infringe on the rights of others– Ex. You may campaign but cannot disturb the

public or spread lies that harm a person’s reputation (libel: written/slander: spoken)

2nd Amendment

“A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”

• Right of states to organize a militia (today’s national guard in each state)

• Right to bear arms (can be regulated by government, ex. license requirement)

3rd Amendment

“No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”

• Government may not force people to house/feed soldiers

4th Amendment

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

• Government may not search a person or home without a warrant & reasonable cause

Rights of the Accused

5th, 6th & 8th protect rights of the accused

5th Amendment“No person shall be held to answer for any

capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

• Protects the rights of the accused including:

Rights protected by 5th Amendment

• Due Process: No trial may be held unless person is charged/indicted by grand jury

• Double Jeopardy: person may not be tried more than once for same crime

• Accused person may not be forced to testify against themselves

• Eminent Domain: No one may be deprived of their property by the government without compensation

6th Amendment“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

• Provides additional protection to accused including:

Rights protected by 6th Amendment

• Accused must be informed of the charges

• Accused must be given speedy and public trial by impartial jury

• If possible, trial must be held in place where crime took place

• Accused is entitled to a lawyer and witnesses for his/her defense

8th Amendment

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

• Bail may not be excessive• Forbids cruel, unusual punishment

7th Amendment

“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.”

• Right to trial by jury in civil cases involving more than $20

9th Amendment

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

• Citizens have rights that are not listed in the Constitution

• Ex. right to privacy

10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

• Powers not listed in the Constitution belong to the state governments

***RESERVED POWERS• Ex. establishing/managing school systems

Civil War Amendments• 13th (1865) officially outlawed slavery • 14th (1868) all people born or

naturalized in the US were citizens & entitled to equal protection under the law

• 15th (1870) no state may take away a citizen’s right to vote based on their color, race or previous enslavement

Other Amendments

• 17th: Allowed citizens to elect Senators

• 19th: Women’s right to vote (suffrage)• 23rd: Washington, D.C. residents right

to vote in national election• 24th: Outlawed poll tax (way to

discriminate against poor blacks)• 26th: Changed voting age from 21 to

18 (after Vietnam War)