Exploring the Bill of Rights For the 21st Century

Bill of Rights Review… ► Document that defines the rights of citizens and establishes limitations on the government ► Bill of Rights first emerged in state constitutions ► The original constitution did not contain a written bill of rights (had to make amendments)

The First Amendment Five Essential Freedoms and Rights

1) Freedom of Speech Congress shall make no laws... abridging the freedom of speech

2) Freedom of Religion Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of

Religion and Education The Supreme Court has had to consider many Establishment Clause cases that involve religion and education. The Supreme Court has had to consider many Establishment Clause cases that involve religion and education. Chapter 19, Section 2

Freedom of Expression Chapter 19, Section 2 Establishment Clause ► Guards against establishing a mandated religion. ► In effect, freedom from religion Free Exercise Clause ► Guards against the government interfering in the exercise of any religion. ► In effect, freedom for religion. Two guarantees of religious freedom:

The Free Exercise Clause Limits ► Actions that violate social duties or disrupt social order are not covered under the Free Exercise Clause.  Examples:  Bigamy  Using poisonous snakes during religious ceremonies  Schoolchildren who have not been vaccinated Free Exercise Upheld ► The Court has found many government actions to be counter to the Free Exercise Clause.  Examples:  Amish children cannot be forced to go to school after grade 8  Ministers are allowed to hold elective office  Unemployment benefits cannot be denied to someone who quit their job because of religious beliefs

3) Freedom of the Press Congress shall make no law... abridging... the freedom of the press.”

4) Freedom of Assembly Congress shall make no law... Abridging... The people to peaceably assemble”

5) Petition the Government Congress shall make no law... Abridging... the people... to petition the government for a redress of grievances”

2 nd Amendment A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.

4th 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, ….. particularly describing the place to be searched, and the persons or things to be seized  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, ….. particularly describing the place to be searched, and the persons or things to be seized

5th Amendment ► No person shall be held to answer for a … crime unless on a presentment or indictment of a Grand Jury ► nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb [double jeopardy] ► nor shall be compelled in any criminal case to be a witness against himself [self-incrimination]

5th Amendment  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 [eminent domain]  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 [eminent domain]

 Substantive  “What” of government policies  Substantive  “What” of government policies  Procedural  Method of Gov’t actions

6th Amendment In all criminal prosecutions, the accused shall enjoy  the right to a speedy and public trial by an impartial jury  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  to have the Assistance of Counsel for his defense In all criminal prosecutions, the accused shall enjoy  the right to a speedy and public trial by an impartial jury  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  to have the Assistance of Counsel for his defense

7th Amendment In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved….

Eighth Amendment ► No excessive bail ► No cruel and unusual punishment

9th Amendment  The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people  [other rights may be protected even if not included in the Bill of Rights ex: right to privacy]  The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people  [other rights may be protected even if not included in the Bill of Rights ex: right to privacy]

10th 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. [states' rights]

14 th Amendment ► Due Process Clause ► “No State shall… deprive any person of life, liberty, or property, without due process of law…. ► Supreme court uses Amendment to say  No state can deny to any person any right that is “basic or essential to the American concept of ordered liberty” ► Process of Incorporation  S.C. has incorporated, merged, combined, most of the guarantees in the Bill of Rights into the 14 th Amendment’s Due Process Clause