Bill of RightsBill of Rights

The Bill of Rights

• The first 10 Amendments of the Constitution are called the Bill of Rights

• The Bill of Rights does 2 main things:- Protects Citizen's Rights- Limits the Power of Govt.

1st Amendment

Citizens are guaranteed:

- Freedom of Speech- Freedom of Religion- Freedom of Press- Freedom of Assembly- Freedom to Petition Govt.

2nd Amendment

• Guarantees Citizens & States:

- The Right to organize & maintain a militia in time of peace

- The right of citizens to bear arms to support the militia

3rd Amendment

• Guarantees Citizens:

- Will not have to quarter (house & feed) troops in time of peace

- Reaction to what British act (law)?

4th Amendment• Protects Citizens against illegal search &

seizures• Govt. must obtain a search warrant in order

to search private domain and confiscate personal property

• Exception:Probable CausePlain View Law

5th Amendment

• Rights of the Accused:

- Self-Incrimination Clause-Double Jeopardy

- Due Process of Law

6th Amendment

• Guarantees additional rights to those accused of a crime, including:

-Trial by jury-Speedy & Impartial Jury-Entitled to a lawyer

7th Amendment

• Guarantees citizens:

• Right to trial in civil cases if amount of money involved exceeds $20

Examples:-Lawsuits-Civil Violations

8th Amendment

• Guarantees citizens accused of a crime:

- Protection from Cruel & Unusual Punishment- Protection against excessive bail- Protection against excessive fines

9th Amendment

• States that the rights listed in the Constitution are not the only rights guaranteed to citizens

-Ensures private domain

- Right to choose our friends - Right to choose our job - Right to have children

10th Amendment

• States that any powers not given to the National govt. (Delegated Powers) are reserved or held by the states (Reserved Powers)

Powers & Clauses of the Bill of Rights

• The Bill of Rights has several important clauses that protect our Civil Liberties, including:

- Establishment Clause (1st Amend.)- Free Exercise Clause (1st Amend.)

- Exclusionary Rule (4th Amend.)- Self-Incrimination Clause (5th Amend.)- Double Jeopardy Clause (5th Amend.)

- Confrontation Clause (6th Amend.)- Implied Right to Privacy (3rd, 4th, 9th Amend.)

Establishment Clause

• Govt. can not set up a church• Can't pass laws that target/benefit one

particular religion• Can't force or deny religion to one person• Can't sponsor a religion

Free Exercise Clause

• No punishments for religious beliefs or rituals

• No tax can be levied to support any religious activity or institution (like a school) that teaches religion

Examples of 1st Amendment Clauses

• Denies the following from happening:

• Teaching the Bible in school• Tax money to church-affiliated schools• Prayer at graduation ceremonies• Religious statues/plaques in govt. buildings

and schools

Exclusionary Rule

• Govt. can not use material / information in a court of law if it was taken during an ILLEGAL search & seizure

Self-Incrimination Clause

• No person can be forced to be a witness against themselves (I plead the 5th!)

Double Jeopardy

• You can't be charged with the same crime twice once found guilty or innocent

Exception: In appeals from convicted person in jail (re-trial)

Confrontation Clause

• The right to confront (question) a witness who is accusing you of a crime

• Important? Protection from: - Lies - Heresay - Revenge

• Right to question credibility of witness

Implied Right to Privacy

• Ensures Private Domain

• What amendments “imply” the right to privacy?

• What are some example activities protected by this right?

Implied Right to Privacy

• Wire tapping without a warrant• Right to have an abortion• Protection from Illegal Search & Seizure• Right to home privacy

(Video Surveillance, Vulgarity, Right to Die)