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Bill of Rights Constitutional Amendments 1-10 Chapters 5 & 6
First Amendment Freedom of: –Religion- Speech- Petition –Press- Assembly Establishment clause govt cannot establish an official religion; separation of church and state; different from other countries like Islamic Iran or China that discourages religion Free exercise clause protection of individual right to worship and believe w/out govt interference Hazelwood v. Kuhlmeier allowed administrators to censor student publications; Tinker = Students in the public schools do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.“ However, a school need not tolerate student speech that is inconsistent with its "basic educational mission," Brief Quiz: –Is flag burning illegal? No. –Can the gov’t censor the Internet? No.
Second Amendment Guarantees the right to keep and bear arms Needed for well-equipped citizen army for its own security
Third Amendment Prohibits the lodging of soldiers in peacetime w/out dweller’s consent Q: Does this still apply today? Why is this important?
Fourth Amendment Prohibits unreasonable searches and seizures of persons or property Probable cause reasonable grounds to believe that a suspect has committed a crime before making an arrest Search warrant court order that authorizes police to search the scene of a suspected crime
Fifth Amendment Guarantees rights to: –Trial by jury- due process of law –Fair payment when private property is taken for public use Due process of law govt may not act unfairly or unreasonably; fed govt cannot deprive citizen of “life, liberty, property”; 14 th amd places same restrictions on states and local govts –Procedural law carried out by a method that is fair and orderly –Substantive laws themselves must be reasonable Prohibits: –Compulsory self-incrimination do not have to be witness against yourself –Double jeopardy film clip
Sixth Amendment Guarantees rights to: –Speedy and public trial by impartial jury –Counsel Allows: –The accused to cross examine witnesses against him/her –Solicit testimony from witnesses in his/her favor Gideon v. Wainwright Gideon accused of robbing a pool hall; did not have $ so requested lawyer; request denied; in prison, studied law; due process clause of 14 th said states had to provide criminal defendants the 6 th amd right to counsel Miranda v. Arizona (1966) must be clearly informed of your rights before conviction Movie Clip: Erin Brockovich –Was she given a fair trial? –What are some biases that might determine a trial?
Seventh Amendment Guarantees trial by jury in civil cases involving $20 or more
Eighth Amendment Prohibits: –excessive bail and fines –Cruel and unusual punishments authors fearful of tarring and feathering and whipping that had occurred during colonial times; Louisiana v. Resweber ok to convict a murder to a second electrocution after the first attempt failed; ok to put two prisoners in a cell built for one Plea Bargaining defendant pleads guilty to a sentence less serious than the charge the prosecutor originally brought
Ninth Amendment The people have rights in addition to those specified in the Constitution
Tenth Amendment Powers neither delegated to the nat’l gov’t nor denied to the states are reserved to the states or to the people
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