The Bill of Rights Chapter 4 Sections 1 and 2

Purpose Protect individual rights Protect individual rights Ex. Freedom of speech, right to bear arms Ex. Freedom of speech, right to bear arms Restrict the government Restrict the government Ex. Quartering troops, property rights, rights to the states Ex. Quartering troops, property rights, rights to the states Protect the accused Protect the accused Ex. Trial by jury, no cruel or unusual punishment Ex. Trial by jury, no cruel or unusual punishment Antifederalists wanted to add this to the Constitution before it was ratified Antifederalists wanted to add this to the Constitution before it was ratified

1 st Amendment Freedom of Religion Freedom of Religion Freedom of Speech Freedom of Speech Freedom of the Press Freedom of the Press Government can not censor because it contains offensive ideas Government can not censor because it contains offensive ideas Freedom of Assembly Freedom of Assembly So long as its peaceful and law abiding So long as its peaceful and law abiding Freedom of Petition Freedom of Petition Formal request Formal request Limits: slander and libel Limits: slander and libel Slander- spreading lies (spoken) Slander- spreading lies (spoken) Libel- spreading lies (printed) Libel- spreading lies (printed)

2 nd Amendment The right to bear arms (keep/own guns) The right to bear arms (keep/own guns)

3 rd Amendment Not forced to quarter troops Not forced to quarter troops Do not have to house troops/soldiers Do not have to house troops/soldiers Memory from Great Britain and the Intolerable Acts Memory from Great Britain and the Intolerable Acts

4 th Amendment Protection against “unreasonable searches and seizures” Protection against “unreasonable searches and seizures” Seizure- take Seizure- take Can not search without probable cause Can not search without probable cause In order to search, must have a search warrant In order to search, must have a search warrant Police use probable cause to get a search warrant from a judge Police use probable cause to get a search warrant from a judge Can search without warrant in some cases: in plain sight, you consent Can search without warrant in some cases: in plain sight, you consent

5 th Amendment Due Process of Law (can not be deprived life, liberty, or property without all rights guaranteed in the constitution given) Due Process of Law (can not be deprived life, liberty, or property without all rights guaranteed in the constitution given) Indictment by a Grand Jury Indictment by a Grand Jury Officially charged with a felony, enough evidence to do to trial Officially charged with a felony, enough evidence to do to trial No double jeopardy No double jeopardy Can not be charged twice for the same crime Can not be charged twice for the same crime No self-incrimination No self-incrimination Plead the 5 th, do not have to incriminate yourself in trial Plead the 5 th, do not have to incriminate yourself in trial Eminent domain Eminent domain Private property may be taken, but only with fair compensation Private property may be taken, but only with fair compensation

6 th Amendment Criminal Cases (arrested, guilt vs. innocence) Criminal Cases (arrested, guilt vs. innocence) Speedy, public trial Speedy, public trial Not defined, what is it?, who decides?, how? Not defined, what is it?, who decides?, how? Decision from an impartial jury Decision from an impartial jury Lawyers decide who is impartial and pick a jury Lawyers decide who is impartial and pick a jury Right to know the charges Right to know the charges Must tell you the charges Must tell you the charges Right to cross-examine witnesses Right to cross-examine witnesses Right to an attorney Right to an attorney

7 th Amendment Civil Cases (2 parties disagree, lawsuit) Civil Cases (2 parties disagree, lawsuit) Right to a jury in a civil case with a dispute of more than $20 Right to a jury in a civil case with a dispute of more than $20 Usually don’t have a jury because most cases want to be private (divorce, child custody, sue) Usually don’t have a jury because most cases want to be private (divorce, child custody, sue) If one side wants a jury, they must have one If one side wants a jury, they must have one

8 th Amendment Punishment Punishment Prohibits “cruel and unusual punishment” Prohibits “cruel and unusual punishment” Not defined, what is it?, who decides?, how?, what about capital punishment Not defined, what is it?, who decides?, how?, what about capital punishment Prohibits excessive bail Prohibits excessive bail Bail Bail Money you pay promising to return to the trial (5% down) Money you pay promising to return to the trial (5% down) You can pay or if you can’t afford, you use a bail bondsman You can pay or if you can’t afford, you use a bail bondsman You get the money back when you return to the trial You get the money back when you return to the trial If you do not return you owe all of bail, there is a warrant for your arrest, bounty hunter comes to find you, court can take your personal property If you do not return you owe all of bail, there is a warrant for your arrest, bounty hunter comes to find you, court can take your personal property

9 th Amendment Powers of the People Powers of the People Powers not specifically states are not necessarily denied to the people Powers not specifically states are not necessarily denied to the people This is an example of flexibility left by the founding fathers because they knew times would change and they couldn’t predict future circumstances This is an example of flexibility left by the founding fathers because they knew times would change and they couldn’t predict future circumstances

10 th Amendment Powers of the State Powers of the State Powers not specified are given to the state and people Powers not specified are given to the state and people Ex. Education and public schools Ex. Education and public schools Another show of our founding fathers flexibility Another show of our founding fathers flexibility

Rights/Powers Federal- Enumerated Powers (aka Delegated) Federal- Enumerated Powers (aka Delegated) Shared- Concurrent Powers Shared- Concurrent Powers State- Reserved Powers State- Reserved Powers