Chapter Four, Amendments 2-10

“Other Guarantees in the Bill of Rights”

The “Bill of Rights”

“R.A.S.S.D.A.T. E.P.S.” R.A.S.S.D.A.T. E.P.S is an easy way to remember the “Bill of Rights”.

“R.A.S.S.D.A.T. E.P.S.” R = Religion, Assembly, Speech, Press, Petition A = Arms (bear arms) S = Soldier Quartering S = Search & Seizure (privacy amendment) D = Due process, Double Jeopardy, eminent Domain and you Don’t have to testify against yourself (rights of the accused) A = Attorney & fair and speedy jury trial (criminal) T = Trial by Jury in Civil Suits over $20 E = Excessive Bail or Cruel and Unusual Punishment P = People’s Rights S = States’ Rights

The “Second Amendment” “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”

The “Second Amendment” The “Second Amendment” guarantees the right to keep and bear arms. Originally added to ensure a well trained militia would be ready to fight due to the lack of a large, regular army in winning our independence from Great Britain. While the courts have maintained the right of a citizen to own a gun, it has allowed government to regulate some gun control. Video

The “Third Amendment” “No Soldier, 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”

The “Third Amendment” The “Third Amendment” limits the power of the national government to force Americans to “quarter” or house soldiers. While not a major issue today, it was a major source of resentment when American colonists were forced to house and feed British soldiers.

The “Fourth Amendment” (“The Privacy 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 person or things to be seized”

The “Fourth Amendment” (“The Privacy Amendment”) The “Fourth Amendment” protects American citizens from unreasonable searches and seizures by the government. A citizen’s home / business / or person may be searched by law enforcement if they have reasonable cause and obtained a “search warrant”. A “search warrant” is a legal document, signed by a judge, allowing law enforcement to search a home or business to gather certain evidence.

The “Fifth 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 offence 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”

The “Fifth Amendment” The “Fifth Amendment” protects the rights of people accused of a crime. No citizen can be denied the right to life, liberty, or property without “DUE PROCESS” of law (following proper procedures which are also themselves reasonable).

The “Fifth Amendment” Types of cases: Criminal: Defendant has committed an act against someone that is against the law (felony; misdemeanor) Civil: Disputes or disagreements between two parties (divorce, child support, landlord/rent payment, injury) People accused of a crime and not found not guilty the first time cannot be tried for that same crime again– called double jeopardy.

The “Fifth Amendment” Also limits the government’s power of “EMINENT DOMAIN” Property rights (the right of the government to take private property). The government must pay fair market value for the property. “Property Rights” Don’t have to testify against yourself! An accused person has the right to remain silent – this is called pleading the 5th! From the 5th Amendment (Right to remain silent) video

The “Fifth Amendment” Landmark Supreme Court Case: video Miranda v. Arizona (1966)

The “Fifth Amendment” Landmark Supreme Court Case: Miranda v. Arizona (1966) Facts: Ernesto Miranda was arrested for kidnapping and other criminal charges. After 10 hours of interrogation, Miranda signed a statement admitting to the crimes without realizing he could have an attorney present. Findings: The Supreme Court found (5-4) In favor of Miranda based on 5th Amendment. Today law enforcement uses the “Miranda Rights” – “you have the right to remain silent…….”

The “Sixth 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."                            

The “Sixth Amendment” The “Sixth Amendment” guarantees additional rights to people accused of crimes. This includes , the right to an attorney also known as “legal counsel”, and a right to a fair and speedy jury trial in criminal cases, and the right to hear all charges against you.

“The Seventh 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 reexamined in any court of the United States, than according to the rules of the common law.

The “Seventh Amendment” The “Seventh Amendment” guarantees the right to a trial by jury in civil cases over $20 (lawsuits that involve disagreements between people, not crimes). This is if the amount involves more than $20.00.

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

The “Eighth Amendment” The “Eighth Amendment” forbids “excessive bail” for the accused and forbids cruel and unusual punishments “Bail” is a sum of money used as a security deposit to ensure the accused will return to court. Judges determine the amount of bail, which is returned when the accused comes back to court.

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

The “Ninth Amendment” The “Ninth Amendment” makes clear that the rights spelled out in the Constitution are NOT the only rights granted to the American citizens. Unenumerated Rights (un-numbered)- It is understood that we all have more rights than just the ones that are spelled out specifically in the Constitution…

The “Tenth 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.

The “Tenth Amendment” The “Tenth Amendment” states that any power not directly specified in the Constitution for the national government is reserved for the states (or for the people) The purpose of this amendment is to keep the power of the President or Congress limited. video

“R.A.S.S.D.A.T. E.P.S.” R = Religion, Assembly, Speech, Press, Petition A = Arms (bear arms) S = Soldier Quartering S = Search & Seizure (privacy amendment) D = Due process, Double Jeopardy, eminent Domain and you Don’t have to testify against yourself (rights of the accused) A = Attorney & fair and speedy jury trial (criminal) T = Trial by Jury in Civil Suits over $20 E = Excessive Bail or Cruel and Unusual Punishment P = People’s Rights S = States’ Rights