Bill of Rights

Bill of Rights 1st 10 amendments to the Constitution Protects civil liberties (guaranteed basic rights and freedoms) and civil rights (freedom from unequal treatment) Limits the power of government Creates Due Process – rules and procedures government must follow

Reasons created Not listed in the original constitution Anti-federalists wanted a guarantee that the power of the new national government would be limited Protects rights while limiting government Abuses from British rule

1st Amendment - Freedoms Religion – no establishments Establishment clause Cannot establish an official religion or favor one religion over another – separation of church and state Free exercise clause Individuals may worship as they see fit, so long as it does not infringe upon the rights of others or break the law Speech - Freedom of speech Press - Freedom of Press to print what you want Assemble - Freedom of assembly (gathering, protest) Grievances – freedom to petition (make complaints to the government)

2nd Amendment - Arms “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. “ Citizens can keep and bear arms Debate over meaning Individual rights interpretation = all citizens have the right to own guns Collectivist interpretation = amendment was aimed at groups, such as militias and the military

3rd amendment - soldiers No Quartering Soldiers – You don’t have to house soldiers in your home

4th amendment - search and seizure PRIVACYa s 4th amendment - search and seizure 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. Evidence Amendment – No unusual searches and seizures. Need a warrant or probable cause Called the “privacy” Amendment because it guarantees your right to privacy Due Process Amendment REASON AND SUPPORT

5th amendment – double jeopardy Must be officially cEd with crime by a grand jury Cannot be tried for the same crime twice NO “double jeopardy” not forced to bear witness against yourself “plead the 5th” = right to remain silent Cannot be “deprived of life, liberty or property without due process of law” Must be paid for private property taken from you Eminent domain Rights of the Accused Amendment - No person should be forced to be a witness against himself or lose their life, liberty or property without due process or tried twice for a crime, govt. can’t take your property without $ Eminent Domain Due Process Amendment

6th Amendment – Attorney and Fair Trial Entitled to a Fair and speedy trial Impartial jury, publicly held, in state where crime occurred Informed of charges Ability to Confront witnesses Right to an attorney Trial Amendment -The right to a jury trial in a criminal case, right to an attorney, right to confront witnesses, informed of charges Due Process Amendment

7th amendment – Trial for Civil Cases “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” The right to have a jury hear your case in most civil trials

8th amendment – Excessive Bail and Fines No excessive bail No excessive fines No cruel or unusual punishment Punishment Amendment - Bail, fines and punishments must not be excessive Due Process Amendment

9th amendments - Rights Rights of the people “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. “ Did you find a right not listed in the Constitution? It still belongs to the people

10th Amendment - States States Rights “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.” Reserved Powers of the States – If a power isn’t given to the federal government, it belongs to the states or the people Ie. Education, 10th Amendment is an example of what basic principle of democracy? Federalism

Bell Work Which amendments would be considered the “Rights of the Accused”? Which Amendment demonstrates both the concepts of Federalism and Limited Government? Which Amendment establishes your right to privacy?

Key Amendments in the BOR 2 – One of most controversial 4, 5, 6, 8 – Due process Amendments – rules and procedures the government has to follow to ensure someone is treated fairly especially when accused of a crime Collectively = Rights of the Accused 4th – Right to Privacy* Limit the power of the Federal government 10th – People and States get all the powers not listed in the Constitution Demonstrates concepts of Federalism Limited Government

FASS DATERS Bill of Rights Freedoms (GRAPES) ARMS SOLDIER QUARTERING GRIEVANCES RELIGION NO ESTABLISHMENT ASSEMBLE PRESS EXERCISE RELIGION SPEECH ARMS SOLDIER QUARTERING SEARCH AND SEIZURE DOUBLE JEOPARDY, Self-Incrimination, DOMAIN (EMINENT),  ATTORNEY AND FAIR AND SPEEDY TRIAL TRIAL BY JURY In Civil Cases  EXCESSIVE BAIL and No Cruel Punishments  RIGHTS OF THE PEOPLE  STATES RIGHTS