The Bill of Rights
The Bill of Rights Thomas Jefferson opposed the acceptance of the Constitution due to the lack of rights. Wrote the Declaration of Independence Said that the Constitution had no mention of individual rights expressed in the Declaration “Life, Liberty, and the Pursuit of Happiness” James Madison drafted the “Bill of Rights” Protects citizens from government interference Was included to gain acceptance from opposing states
The Bill of Rights Religious and Political Freedom (1791) Right to Bear Arms (1791) Quartering Troops (1791) Search and Seizure (1791) Rights of Accused Persons (1791) Right to a Speedy, Public Trial (1791) Trial by Jury in Civil Cases (1791) Limits of Fines and Punishments (1791) Rights of People (1791) Powers of States and People (1791)
Religious and Political Freedom (1791) Amendment 1: Freedom of Religion Freedom of the Press Freedom of Assembly Freedom to Petition Freedom of Speech
Right to Bear Arms (1791) Amendment 2: “the right to bear arms will not be infringed” http://www.nra.org/
Right to Bear Arms (1791)
Quartering Troops (1791) Amendment 3: “No soldier shall, in time of peace be quartered in any house, without consent of the owner, nor in time of war, but in a manner to be prescribed by law.”
Search and Seizure (1791) Amendment 4: People have the “right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” Government officials must have a warrant or probable cause to search and seize property! What is an example of challenges to this amendment? Airport Security Stadium Security Courts say that personal rights must be balanced with the governments need to prevent crime.
Search and Seizure Cont. How can a police officer search and seize your personal vehicle? Probable Cause
Rights of Accused Persons (1791) Amendment 5: A person cannot and will not be “deprived of life, liberty, and the pursuit of happiness” without due process of the law Due Process of law- fair treatment under the law I plead the 5th! No person is compelled to be a witness against themselves. 5th protects a person against Double Jeopardy Shhhhhhhhhhhhhh!!!!!
Right to a Speedy, Public Trial (1791) Amendment 6: Everyone has the right to a fair speedy, public trial
Right to a Speedy Trial (1791) Contd.
Results of the 5th and 6th Amendments Miranda Rights: What are they? They protect suspects from giving forced confessions“ “You have the right to remain silent. Anything that you say can and will be used against you in a court of law“ “You have the right to an attorney” The Case: June 13, 1966 Ernesto Miranda v. Arizona Convicted of kidnap and rape of an 18 yr woman Ruling that the accused must be informed of their rights!
Trial by Jury in Civil Cases (1791) Amendment 7: All persons are guaranteed and granted a trial by their peers in civil cases guarantees a jury trial in federal civil court cases.
Limits of Fines and Punishments (1791) Prohibits the Federal Gov’t from imposing excessive bail, fines, or cruel and unusual punishment. Give one example of cruel and unusual punishment Best Potential Examples: Death Penalty
Rights of People (1791) Statement that other rights aside from those listed may exist, and just because they are not listed doesn’t mean they can be violated. Because a right is not listed doesn’t mean that the government can impose on that right
Powers of States and People (1791) States that any power not granted to the federal government belongs to the states or to the people. Example: Schools the law requires children to attend school but the Constitution does not specifically state the parameters of the educational system.