The Bill of Rights Ultimate Source of Limited Government

The Bill of Rights 1 st Ten Amendments to the Constitution Guarantees & Describes the powers and rights given to citizens Places limits on the national government Pleasure to the Anti-Federalist Ultimate Source of Limited Government

1 st Amendment Civil Liberties Protects five basic freedoms –Religion –Speech –Press –Assembly –Petition (Grievances )

1 st 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 of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Freedom of Religion –Establishment Clause: “freedom from Prohibits Congress from establishing an official religion in the US. “Separation of Church and State” –Free Exercise Clause: “freedom of” Guarantees Americans the right to practice and worship any religion as they wish

Freedom of Speech –Guarantees Americans the right to stay what is on their minds in public or private, without fear of punishment –Extending Free Speech- Freedom of Expression Not just spoken words- Supreme Court Interpretation –Art –Music –Style of Clothes Allow one to decorate homes as one likes or to wear unusual clothes and hairstyles Protects almost all types of self-expression

Limits on Freedom of Speech Schneck v US (1919) –“yelling fire” “clear and present danger” –Can’t say anything that will harm others reputation or endanger the government Slander- criminal act of lying about another person to harm that person’s reputation Treason- an act that endangers one’s country or gives assistance to is enemies

Freedom of Press –Protects our rights to publish information freely –Allows us to read what other people have published –Allows Americans to express themselves in print as well as in speech – “The Press” Printed Publications Communication Information –US government can’t ban books, magazines, newspapers, or other printed materials that contain ideas most people find alarming or offensive

Limits on Freedom of Press Libel- criminal act of printing lies about someone Censorship- the legal act of determining if information or speech is suitable for the public, or if that information or speech should be banned

Freedom of Assembly –Right to assemble in groups for any reason, so long as the assembly is peaceful. –Right to attended: Meetings Parades Political Rallies Public Celebrations –Right to form, join or belong to a organization Social club Political party Labor union –The Skokie case- Government can make rules about when and where such activities can be held but can not BAN them

Freedom of Petition –Right to express our ideas to the government –Right to petition Petition- formal request for government action Written statement followed by signatures (100s or 1000s) Simple letter from an individual –If you have a complaint or would like to see a particular law passed  write to your elected representative and express views –If enough people express their feelings about an issue, our leaders will have to change their minds

2 nd Amendment Right to serve in a state militia Right to bear arms/right to own a gun “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.”

3 rd Amendment Quartering Troops National government can’t force Americans to quarter or house soldiers “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.”

4 th Amendment Privacy Amendment Protects Americans against unreasonable searches and seizures No soldier, govt. official, or law enforcement officer can search/seize a person’s home/property without a search warrant issued by a judge. There must be “probable cause”

4 th Amendment “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.”

Legal Rights of the Accused 5 th -8 th Amendments

5 th Amendment “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 offense 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.”

5 th Amendment N o one can be put on trial without first being indicted (formally accused of crime) A Grand Jury (23-26 members) will listen to evidenced and decide if there is enough to issue the indictment to go to trial. Protection from Double Jeopardy- a person who is accused of a crime and is judged NOT GUILTY, may not be put on trial for again for the same crime (OJ can be charge again) Protection against Self-Incrimination, “Taking the 5 th,”- citizen have the right to remain silent and can’t be required to testify against one’s self or spouse. All citizens are guaranteed DUE PROCESS- the government must follow certain procedures when arresting citizens; also all laws must be reasonable. “No one may be denied life, liberty or property without due process of law.” Protection of property rights of citizens. Limits the government’s power of Eminent Domain- the right of the government to take private property (land) for public use. If the government is going to take land, they must pay the private citizen.

6 th Amendment “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 defense.”

6 th Amendment Requires that the accused be told the exact nature of the charges (writ of habeas corpus) Allows for a trial by Jury Right to an Impartial Jury Accused is guaranteed a speedy & public trial Trial must, if possible, be held in the same area where the crime took place Accused has the right to hear & question witnesses Accused is guaranteed the right to an Attorney

7 th Amendment “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.”

7 th Amendment Guarantees the right to a trial by jury in civil cases if the amount of money involved is more than $20.00

8 th Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ”

8 th Amendment Protects against excessive bail or fines Forbids cruel and unusual punishment

9 th Amendment “The enumeration in the Constitution, of certain rights shall not be construed to deny or disparage others retained by the people.”

9 th Amendment Citizens’ rights are not limited to those mentioned in the Constitution Protection of “unwritten rights” Freedom to choose friends, job, education, husband & wife

10 th 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.”

10 th Amendment Est. the principle of Federalism Powers the Constitution does not specifically give to the national government are reserved to the states Powers: est. education, licenses, local government