OVERVIEW OF AMENDMENTS FOCUS ON BILL OF RIGHTS + OTHER KEY AMENDMENTS

Difference between Civil Liberties & Civil Rights  Civil Liberties Protection against the government Guarantees of protection of opinions, property from gov’t  Civil Rights Positive acts by gov’t to guarantee Constitutional rights are given to all  Civil Rights Act of 1964

Are rights guaranteed to all people?  All Citizens  Not foreign born  Not in jail or out on bail  Not for those in an institution  Wartime limits--

Federalism & Individual rights  Some rights guaranteed by Federal gov’t; others by state  Gov’t is limited by the Bill of Rights  Some laws restrict actions at state level only—gun laws  Due Process—any right essential to liberty  Rights are relative not absolute!

1 ST AMENDMENT  “One man’s vulgarity is another man’s lyric” ~Justice John Harlan  Freedom of Speech, Press, religion, assembly, petition gov’t

2 nd Amendment  The right to bear arms (guns)  Limits on the private possession & use of firearms

3 rd Amendment  No quartering of troops in private homes without consent of owner Revolutionary War time common practice  Bring soldiers into troops against privacy of home

4 th Amendment  Be secure in your persons, papers, houses against unreasonable search and seizure  Need a court ordered warrant to search

5 th Amendment  No double jeopardy  Can’t be tried for a crime without being accused of it  Can’t self-incriminate  Can’t take property without paying the owner for it

6 th Amendment  Right to speedy and public trial  Defendant informed of charges  Right to cross examine witnesses  Right to an attorney

7 th Amendment  Deals with Civil cases in Federal court only  Right to trial by jury

8 th Amendment  Excessive bail is not allowed  No cruel or unusual punishment

9 th Amendment  Constitution specifically lists many civil rights, but not all.  There are other rights not listed

10 th Amendment  Powers not given to the Federal gov’t are reserved for the State gov’t

14 th Amendment  Rights found in 1 st 8 amendments are extended to the states.  Due Process—state and local gov’t can’t act unfairly  Equal Protection-states can’t discriminate against people

Right to Privacy  Not specifically mentioned in Constitution  “the right to privacy is a person’s right to be left alone by the government.. The right most valued by civilized men”~Justice Louis Brandeis