1. BILL OF RIGHTS & Supporting Supreme Court Cases Notes on Amendments 1-10

2. The Bill of Rights are… the first 10 amendments to the Constitution added in 1791 because Anti-Federalists wanted to ensure protection of citizens’ rights

3. AMENDMENT #1: The actual text: “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.”

4. AMENDMENT #1: RAPPS Guarantees Freedoms of: – Religion “Free Exercise Clause”: citizens have the right to freely exercise their religion (with limits) “Establishment Clause”: Government CANNOT establish an official religion – Assembly: Citizens have the right to peacefully gather for any reason, such as protest; often need a permit

5. – Petition: Requests government to change – Press Right to free speech IN THE MEDIA (Internet, TV, movies, newspaper) Originally designed to protect free POLITICAL speech CANNOT commit LIBEL (written lies) or SLANDER (spoken lies) – Speech: Right to free POLITICAL speech, but also includes EXPRESSION (clothing, music, tv, etc.)

6. Tinker vs. Des Moines, 1969 1 st amendment freedom of speech and expression, even for students THE ISSUE:

7. Tinker vs. Des Moines, 1969 In 1965, 3 high school students wore black arm bands to protest the Vietnam War. The protest did not cause a school disruption. However, the principal suspended them. The parents sued the school in district court for violating the students’ right of speech/expression. The court ruled in favor of the school. The parents appealed the case to a higher court. FACTS OF THE CASE:

8. Tinker vs. Des Moines, 1969 At the Supreme Court, the judges ruled 7-2 in favor of the students that the school VIOLATED the students’ right to free speech/expression. The suspension was overturned. THE SUPREME COURT’S DECISION:

9. Tinker vs. Des Moines, 1969 Students DO NOT lose their rights when they are on school grounds Actions must ACTUALLY interfere with education, not COULD disrupt education THE IMPACT:

10. AMENDMENT #2: The actual text: 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.

11. AMENDMENT #2 Right to BEAR ARMS States can maintain a MILITIA (a state’s military – NATIONAL GUARD)

12. AMENDMENT #3: The actual text: prescribed by law 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.

13. AMENDMENT #3 Based on the Quartering Act; citizens cannot be force to house soldiers in their homes (during peacetime)

14. Amendments 2 & 3 come from American Revolution!!

15. AMENDMENT #4: The actual text: 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.

16. AMENDMENT #4 Police must have a search warrant to search your home; police can still search if they have: – Consent to search – In evidence is in plain sight – In hot pursuit Warrants come from a judge/magistrate MUST be VERY SPECIFIC! Evidence obtained illegally CANNOT EVER be used in court – called the “EXCLUSIONARY RULE”

17. AMENDMENT #5: The actual text: No person shall be held to answer for a 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.

18. AMENDMENT #5 Guarantees right to a GRAND JURY trial to be indicted (charged) for a crime BEFORE a trial (not the petit jury of 12 people who decides if you are guilty during a trial) Prohibits DOUBLE JEOPARDY (means you can’t be tried twice for the same crime) EMINENT DOMAIN: The government can take private property for public use, but must pay owner a fair price DUE PROCESS: Means that laws must apply equally to everyone RIGHT TO REMAIN SILENT: Prevents “self- incrimination”; you do not have to testify against yourself

19. AMENDMENT #6: The actual text: 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 wherein 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 defence.

20. AMENDMENT #6 Guarantees the right to a speedy and public trial by an impartial jury Accused criminals have the right to witnesses for their defense Accused criminals have the right to a lawyer (defense, counsel, or attorney) Accused criminals have the right to be informed of the charges against them – Habeas Corpus: means you must be told why you are in jail

21. AMENDMENT #7: The actual text: 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.

22. AMENDMENT #7 Right to a jury trial in CIVIL cases if value over $20.00

23. AMENDMENT #8: The actual text: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

24. AMENDMENT #8 Prevents cruel and unusual punishment Prevents excessive bail – Bail: amount paid to get out jail until trial date; do get the money back – Bail bondsman: Company that will pay your bail for you BUT you must pay them a percent of your bail – you don’t get it back

25. NOTE: Amendments 4, 5, 6, and 8 protects the RIGHTS OF ACCUSED CRIMINALS

26. AMENDMENT #9: The actual text: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

27. AMENDMENT #9 Says you have more rights than those in the Constitution (like privacy – uses am #s 9, 4)

28. AMENDMENT #10: The actual text: 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.

29. AMENDMENT #10 Says that any rights / powers not given to the federal government are given to STATES or people (Reserved Powers)