Bill of Rights • First Amendment: fundamental rights • Second, Third, and Fourth: Protecting the Citizens • Fifth, Sixth, Seventh and Eighth provide guidelines for the protecting the rights of the accused • Ninth and Tenth: Rights of States and Citizens. Cover those rights not addressed in the first eight.
First Amendment • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances • Fundamental liberties • • • Freedom of Religion Freedom of Speech Freedom of Press Freedom of Assembly Freedom of Petition
Freedom of Religion • The Nation may not have an official religion. • You do not have to belong to any religion. . • It is your choice to participate or not. • It is what has been the precursor of separation of church and state.
Freedom of Speech • Americans have the right to express their own ideas and views. They have the right to hear other’s views and ideas. • Does not mean people can say anything they want. You can not slander or libel someone intentionally.
Freedom of Press • Government can not tell newspapers what to print • Americans have the right to express their own ideas and views • Right to hear the ideas and views of others. • The key to security is public information- Margaret Chase Smith. Republican senator
Freedom of Assembly • Americans have the freedom to hold meetings. • People have the right to gather peacefully, don’t’ participate in illegal activities. As long as you do all of that the government does not have the right to interfere.
Freedom of Petition • Americans can present petitions to the government. • Can make a request to the government.
Our First Amendment at work • Martin Luther King I have a Dream
Second 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.
• Third 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. What does it mean: Citizens have the rights to their own property without government intrusion
Fourth Amendment What does it say • 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. What does it mean? • Protection against Unreasonable Search and Seizure
Fifth Amendment • • • Self incrimination Grand jury Double Jeopardy Right to Due Process/ Eminent Domain/ When the government takes property it is required to pay.
Sixth Amendment • You have the following rights: • Jury Trial • Speedy Trial • Public Trial • Be informed of the Criminal Charges • Confronted by Adverse Witnesses • Right to an Attorney
Seventh Amendment What does it mean What does it say • Right to a Jury Trial in Certain Civil Matter. • Accident, civil suits, for example O. J. Simpson’s civil trial for the murders of his ex wife. • 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 re-examined in any Court of the United States, than according to the rules of the common law.
Eighth Amendment Does the death penalty violate this Amendment ? What does it say? • Excessive Bail Shall not be required, nor excessive fines imposed nor cruel and unusual punishment inflicted.
Ninth Amendment • The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. • In other words; you have other fundamental rights not specifically listed in the constitution. For example the right of privacy.
Tenth 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 Tenth Amendment was written to reassure the states that they would remain largely in charge within their own borders. Good example, marriage laws, divorce, adoption It help define the balance between State and Federal
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