3A Ratification Promise Framers wrote => Secure the blessings of libertyAmericans wanted => actual list of protected rights100 amendment proposals discussed by Congress12 proposals presented to the states for approval10 amendments ratified by the states1001210
4Protecting American Freedoms Bill of Rights = The first 10 amendments to the U.S. Constitution, which set forth basic rights guaranteed to all Americans1791All rights listed in the Bill of Rights have their origins in issues from colonial times.
5First Amendment the most familiar rights - so close to our daily lives the basic rights that are essential to a free people
6First Amendment Freedom of Religion Separation of Church and State = the right to practice any religion - or to practice no religion at allforbids Congress from establishing an official national religionforbids Congress from favoring one religion in any waySeparation of Church and State =The division between religion andgovernment.established by Supreme Court decisions interpretingthe First Amendmentexample: no school-sponsored prayers in public schoolsmixed message? early 1950's Congress added the words "under God" to the Pledge of Allegiance and adopted "In God We Trust" as the national motto, which was also then printed on all U.S. money.LIMITS no bigamy or polygamy no human or animal sacrifices no illegal drug use
7First Amendment Freedom of Speech Slander = Spoken false statements the right to express ideas and opinions through speechthe right to listen to the ideas and opinions of othersguarantees open expression of thoughts and ideasright to express opinions about the governmentright to criticize the actions of government officialsLIMITS cannot use speech to injure others or cause physical harm no right to tell lies or to spread false rumors about others cannot be linked to an unlawful act – clear and present danger cannot threaten national security or government overthrowSlander = Spoken false statementsthat damage another person’s reputation.
8First Amendment Freedom of Press right to express ideas in writingprotects written works – books, newspapers, magazinesthe courts have decided that freedom of the press also applies to:television, radio, internet, artwork, lyrics, photos, films, video games, softwareLIMITS cannot publish falsehoods that harm reputations cannot be linked to an unlawful act – clear and present danger cannot threaten national security or government overthrowLibel = Written falsehoods that damageanother person’s reputation.
9First Amendment Freedom of Assembly freedom to hold meetings the right to meet to discuss problems and plan actionsgather to express views about government decisionsfreedom of association – clubs, unionsfreedom of assembly applies to:meetings, rallies, demonstrations, pickets, marches, parades, protestsLIMITS meetings must be peaceful no criminal trespass, buffer zones crowd congestion, required permits cannot be linked to an unlawful act – clear and present danger cannot threaten national security or government overthrow
10First Amendment Freedom of Petition the right to ask the government to do something or stop doing somethingthe right to contact representatives and ask them to pass laws you favorthe right to ask representatives to change laws you do not likeLIMITS must follow legal format
11Second Amendment Right to Bear Arms the right to own and carry guns LIMITS restrictions on types of guns regulations for use of guns registrations and permits for possessing guns
12Third Amendment No Quartering of Soldiers government cannot house soldiers in private citizens' homes during peacetime without the owners' consentLIMITS wartime
13Fourth Amendment No Unreasonable Search or Seizure protects people from unreasonable searches and seizurespersons or property cannot be searched without just causeproperty cannot be taken from us by the government without just causerequires a search warrantImplied right of privacyLIMITS plain viewdestruction of evidenceSearch Warrant = A legal document granted by a judge that permits police to enter and search a place where there is reason to believe evidence of a crime will be found.
14Fifth Amendment Rights of the Accused indictment by grand jury - formally accuse an individual of a crimea grand jury decides if there is enough evidence to go to trialno self-incrimination - having to testify against oneself (plead the fifth)no double jeopardy - being tried twice for the same crimedue process of law - cannot be denied life, liberty, or property until thelaw has been fairly appliedimplies government power to execute and incarcerate citizensright to own private propertybasis of U.S. economic systemgovernment authority of eminent domain - right to take private propertyfor public useto build a road or a school or other public needowner must surrender property but must be paid a fair price14
15Sixth Amendment Rights of Fair Trail prompt (speedy) trial public trialtrial by a jurymust be informed of the chargesright to hear and question all witnesses against themright to call witnesses to appear in courtright to have a lawyerif an accused person cannot afford to hire a lawyer, one will beprovided by the courts and the government pays the lawyer's feeSome of these rights are also associated with the Miranda warning15
16Seventh Amendment Right of Jury Trial in Civil Cases provides for a trial by jury in civil casesinvolves conflicts over money or propertylawsuits with a minimum of $20 at stake16
17Eighth Amendment No Excessive Bail or Punishment courts cannot set bail that is too high for the crimebail is money or property an accused person gives a court toguarantee that he or she will appear for their trialallows the accused to remain free until trial concludesno excessive fines (money penalty)forbids "cruel and unusual" punishmentpunishment must fit the crimeno torture or brutal execution methods17
18Ninth Amendment More Rights for the People the people of the United States enjoy many other basic rightsthat are not listed in the Constitutionnot just those rights that are specifically mentioned in theConstitution and in the first eight amendmentsthese rights have not been specifically definedensures that Americans enjoy every right and freedom possiblethe Supreme Court has sometimes uses it as a tool to supportpeople's claims to specific rightsthe right to political activity and the right to privacy18
19Tenth Amendment Reserved Powers of the States and People all powers not expressly given to the federal government nor forbidden tothe states by the Constitution are reserved to the states or to the peoplegives the states the power to act to guarantee citizens' rights.serves as a final guarantee of citizens' rights.19