the bill of rights - 1st ten amendments to the constitution -- designed to protect our individual...

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The Bill of Rights - 1st ten amendments to the Constitution --designed to protect our individual liberties. Bill of Rights

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The Bill of Rights - 1st ten amendments to the Constitution --designed to protect our individual liberties.

Bill of Rights

Amendment 1 Guarantees our 5 GREAT BASIC FREEDOMS5 GREAT BASIC FREEDOMS. “Civil Liberties” or freedom of expressions are the keystone of individual freedomkeystone of individual freedom.

a. Freedom of ReligionFreedom of Religion or not to have a religion.

People may worship or not worship as they please. The government cannot favor one religion over

another. [separation of church and State – no prayers or devotional reading

from the Bible in school.]

b. Freedom of Freedom of speechspeech – this freedom is restricted if it harms others. We have laws against slanderslander [spokenspoken] or libellibel [written statementswritten statements] intended to damage ones

reputation.

Speech that offends the moral senseoffends the moral sense [obscenityobscenity] of others or speech that endangers the safety of the nation [military

secrets] may be punished.

c. Freedom of the PressFreedom of the Press means we can write our opinions and circulate them to others through T.V., newspapers, or magazines. This freedom also protects our right to know. Obscenity cannot be sent through the mail but may be viewed in the privacy of your own house. There can be no no prior restraintprior restraint –stopping the spreading of news before they are published or broadcast.

d. Right to assembleRight to assemble for any peaceable purpose. Any political party or interest group has the right to hold a meeting as long as they are peaceful.

e. Right to petition government officialsRight to petition government officials, or convey our opinions to them. You can get people to sign a petition and send it to government officials.

Amendment 2.Amendment 2. Right To Keep And Bear ArmsRight To Keep And Bear Arms The purpose was to prevent Congress from denying

States the right to have a militia of armed citizens. The States and federal government can regulate the possession and use of firearms by individuals.

SECOND AMMENDMENTSECOND AMMENDMENT

“WOW! I SEE BARE ARMS!”

NO QUARTERING –– (providing food and shelter)(providing food and shelter) of troops of troops

during peacetime, and only with authorization of Congress during war.during peacetime, and only with authorization of Congress during war.

The 3 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."

This place looks great!! I think

I’ll move

in.

Think: Think: “3” Little PIGS!…You “3” Little PIGS!…You don’t have to let anyone in! don’t have to let anyone in!

Go ahead huff and puff!Go ahead huff and puff!

AMMENDMENT 4. Limits The Conditions Under Limits The Conditions Under Which Police May Search for and Seize Which Police May Search for and Seize Evidence Evidence and and People People [Privacy Amendment] [Privacy Amendment]

A. No “Fishing Expeditions”“Fishing Expeditions” by public officials [a search must be reasonable and based on probable cause].

B. In most cases, a search or arrest warrantwarrant will be necessary. The warrant must describe the specific placespecific place to be searched and the persons or things to be seizedpersons or things to be seized.

C. A police officer may chase a suspect into his house may chase a suspect into his house & not secure a warrant& not secure a warrant (this would be probable cause).

D. The Supreme Court has ruled that evidence gained as a result of an unlawful search or seizure cannot be unlawful search or seizure cannot be used used at theat the trial trial. [Exclusionary Rule–has to be excludedexcluded]

AMMENDMENT 5.AMMENDMENT 5. Rights of Accused Persons [5-8 have to do with “rights of the accused”“rights of the accused”]

A. A person can be triedcan be tried for a serious crimefor a serious crime only if he has been accusedaccused of of that crime by a grand jurythat crime by a grand jury.

B. No one may be tried twice tried twice for the for the same offensesame offense. [Double Jeopardy clause] – no one may be put in jeopardy twice for the same offense]

C. No one may be forced to testify against himselftestify against himself or his spouse. You don’t have to answer questions by the police or the courts. [Plead the “5Plead the “5th”th”]

D. No one can be deprived of life, liberty, or property without due process of lawdue process of law [fair and equal treatment under the law].

E. The government may take private property for a legitimate public purpose; but when it exercises that power of EMINENT EMINENT DOMAINDOMAIN [taking property for taking property for public use public use], it must pay a fair price.

New Cowboys stadiumNew Cowboys stadiummeant property losses.meant property losses.

So, if the jury foreman says?So, if the jury foreman says? There will be no 2There will be no 2ndnd trial. trial.

Amendment 6. Right To A Speedy TrialRight To A Speedy Trial

A. IMPARTIAL JURYIMPARTIAL JURY. You do not have to use a jury and can have the case transferred if it has received too much publicity.

B. Right to be told what crime told what crime you are accused of you are accused of.

C. Right to hear and question all witnessesquestion all witnesses against you.

D. The right to compelright to compel [require their testimony] witnesses to appear at a trial to tell your side of the story.

E. Right to a lawyer.

AMMENDMENT 7 - Jury Trial In Civil Cases [not a criminal matter – but where one person sues another] Applies to all disputes in excess of $20disputes in excess of $20.

AMMENDMENT 8 -AMMENDMENT 8 - No Excessive Bail or FinesNo Excessive Bail or Fines, or

“Cruel and Unusual Punishment”“Cruel and Unusual Punishment” [like torture and beheading] [The Court of Military appeals has abolished an old Navy punishment of 3

days on bread and waterbread and water as both cruel and unusual]

Tar and Tar and Feathering Feathering TheThe

““Rack” Rack”

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments

inflicted.

The right to a reasonable bail, and the protection from cruel and unusual punishment. Let the punishment fit the crime.

In essence this means that you won’t get fined $10,000 for parking in tow-away zone.

The 9th Amendment -

“The enumeration in the Constitution,

of certain rights, shall not be

construed to deny or disparage

others retained by the people.”

WOW!! You mean I WOW!! You mean I get even more rights get even more rights than what is in the than what is in the Bill of Rights?!?!?Bill of Rights?!?!?

That Flippin’ That Flippin’ RocksRocks!!!!

9th Amendment:

This is supposed to mean that if the rights were not spelled out specifically in the Constitution, then those rights belonged to the

people. For example, the Constitution has nothing in it about who you use for your Internet service provider. Therefore, the government

cannot deny you that choice.

The 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.” Meaning…

10th Amendment

If the rights were not spelled out specifically in the If the rights were not spelled out specifically in the Constitution, Constitution,

then those rights belonged to the states.then those rights belonged to the states.

For example, the constitution is silent about driving a For example, the constitution is silent about driving a car.car.

The power to grant licenses for driving is left to the The power to grant licenses for driving is left to the states. Which is why you can drive a car at 15 in S.C. states. Which is why you can drive a car at 15 in S.C.

but not until 16 in Ohio.but not until 16 in Ohio.