Chapter 6.2
Define the freedoms that are protected by the First Amendment. Summarize the amendments that protect against abuse of power by the government. Explain how the rights of the accused are protected by the Bill of Rights Describe the rights protected by the Ninth and Tenth amendment.
Separation of church and state Eminent domain Due process of law Double jeopardy
What is the bill of rights? Why did people want it added to the Constitution?
Spells out basic rights that are protected under our government Fall into 3 categories: ◦ Individual Freedoms ◦ Protection against tyranny ◦ Protection for those accused of crimes
Guarantees freedom of religion, of speech, and of the press Right to assemble peacefully Right to petition the government
Every American is free to practice any religion or none at all Establishes Separation of church and state
Government may not favor any religion or establish a state religion 1 st time in history Religion may never be used as a test for deciding who can hold office or who may vote
Right to speak and write freely, to say what you believe Can not slander another person – tell lies to damage some one’s reputation
Freedom of the Press ◦ From the Zenger case ◦ Prevents the government from deciding what may be printed
Allows people to criticize the government without fearing arrest Many countries government controls newspapers, radio, and tv
Limits on freedom of the press: ◦ Can not unfairly damage a person’s reputation by printing lies ◦ Can not endanger the lives of citizens (“Fire”)
Right to assemble – meet together May hold demonstrations to protest as long as: ◦ Peaceful ◦ Does not violate the rights of others
Freedom of Petition – Any citizen or group has the right to ask a government representative to change a law, make a new law, or solve a problem
May request in writing, telephone, or by sending a written petition ◦ Signed by many citizens
List the rights given under the 1 st Amendment. Define assemble and separation of church and state.
Protects the right to possess firearms (own guns) Needed guns to defend themselves Remembered the American Revolution
Provided protection against abuse of power The meaning of this is debated Do Americans have the right to own guns for personal use?
Government may not require people to house soldiers during peacetime England allowed soldiers to use colonists’ homes as living quarters
Government must obtain the owner’s consent first During wartime, a citizen may have to provide soldiers with housing, Congress must approve
Protects people from unreasonable searches and seizures Officers cannot search a citizen or a citizen’s home without a valid reason
Usually must have a search warrant – written permission from a judge Police must convince a judge that they are likely to find evidence of a crime
Can the government take away your property for public use? Build a road, subway, park,etc.
Eminent Domain – the power to take private property for public use However, government must pay owners fair price for their property
Guarantees that no one may be deprived of life, liberty, or property without due process of law
Right to remain silent Can not force someone to be a witness against himself “I take the fifth”
Confessions must be given; not forced If suspected of committing a serious crime, must be indicted by a grand jury
Grand jury determines if there is enough evidence to put the person on trial Protection from Double jeopardy – being placed on trial twice for the same crime
Found “not guilty” of a crime, can not be put on trial again for the same offense
Explain the 2 nd – 5 th Amendments. Define double jeopardy and eminent domain.
Guarantees the right to a trial by jury in criminal cases Right to speedy, public, and fair trial in any case involving a crime
Can not be tried in secret or kept in jail for a long time awaiting trial Have the right to the advice of a lawyer
Right to know what the accusations are and the right to ask questions of any witness during the trial
Guarantees the right to a trial by jury in civil cases Deals with property or money – value must be at least $20.00
Prohibits excessive bail, fines, and punishments Protects person against unfair treatment both before and after the trial
Bail – a certain amount of money that an accused person may be allowed to deposit with the court to get out of jail until the trial
Pledge that the person will appear at the trial 8 th Amendment forbids the bail from being set at an unfair amount
Declares that rights not mentioned in the Constitution belong to the people Couldn’t possibly include all the rights, so added this amendment
Declares that powers not given to the national government belong to the states or to the people Settles question of who has powers not listed in Constitution
Explain the 6 th - 10 th Amendments. Define bail.