First 10 Amendments The Bill of Rights
1ST Amendment 5 basic Freedoms Religion Speech Press Assembly (violence, or destruction are not protected) Petition the Government
2nd Amendment The right to Bear Arms (have weapons) The right to serve in a state militia militia- men organized to fight with the purpose of protecting their home/communities Intended to make sure citizens have the ability to defend themselves
3rd Amendment Prevents the government from forcing citizens to quarter (house and feed) the Military in private homes during times of peace Included in response to fears stemming from British colonial rule.
4th Amendment Privacy Protects against unreasonable search and seizure (probable cause) The government can not go through your property The government can not take your property Often Warrants are issued when there is probable cause which allows the search and seizure of property (not necessary according to the Bill of Rights)
5th Amendment Rights of people who have been accused of a crime Those accused of serious crimes have a right to a “Grand Jury Hearing” group of citizens hear the evidence in the case and determine if there is enough to move forward with an indictment Can’t be put on trial without indictment (being formally accused of the crime)
5th Amendment Continued Prevents double jeopardy (being put on trial for the same crime twice) Due Process: procedures establishing a clear process for carrying out laws Right to remain silent- people can not be forced to testify against themselves “I’m taking the 5th”
6th Amendment Trial Rights Anyone accused of a crime must be given a speedy trial (fair) The trial must be Public The case can be heard by jury of peers
6th Amendment Continued All defendants must be informed of the charges against them Allowed to hear and question all witnesses and call witnesses in their own defenses Entitled to a lawyer
7th Amendment Right to a jury trial in civil cases Civil: people vs. people (divorce, small claims court) A judge can not un-do or change the decision of a jury
8th Amendment Bail and Punishment Before trial: Forbids “excessive bail” Bail: money given to courts to hold until an accused person shows up for trial The cost must be reasonable for the crime that was committed and not set with the purpose of keeping the accused in jail until trial. “Excessive”= unreasonable
8th Amendment Continued After Trial (even criminals have rights) Forbids “excessive fines” “excessive” = unreasonable Fines should be proportionate to crime Forbids “cruel and unusual punishment” The meaning of this has changed overtime The severity of the crime is considered when punishment is issued
9th Amendment Powers reserved to the people The rights in the Constitution are NOT the only rights the Citizens have. Privacy Life Pursuit of happiness Make your own choices
10th Amendment Powers reserved for the States Any power not given to the national government is reserved for the state governments Speed limits Length of the school year Where and when elections are held