1. Bill of Rights: The 1st Amendment
March 1, 2017

2. Anti-Federalists would NOT ratify Constitution unless Bill of Rights added
Bill of Rights: 1st 10 amendments to the Constitution
Rights of the PEOPLE
Place limits on power of Gov’t
Amend: change/ addition
1st Amendment: freedom of EXPRESSION
Religion
Speech
Press
Assembly
Petition the Gov’t

3. 1st Amendment Continued… March 2, 2017

4. Freedom of Religion
Establishment Clause: gov’t cannot establish their own national religion
Separation between Church & State
Government STAY OUT of Church
Right to practice religion as wish
As long as you DON’T BREAK LAWS

5. Free to say whatever is on mind without punishment from gov’t
Freedom of Speech
Free to say whatever is on mind without punishment from gov’t
Includes: music, internet, speaking, art, clothing, tattoos, etc.
Not ABSOLUTE FREEDOM:
No endanger gov’t/people (ex: FIRE!!)
Provoke riot
Speech that leads to criminal acts
Slander: spoken lies

6. Newspapers, books, internet, movies, radio, TV, etc. But…
Freedom of Press
Gov’t cannot CENSOR
Censor: ban printed materials/ films because offensive
Newspapers, books, internet, movies, radio, TV, etc.
But…
LIBEL: Lies that are PRINTED
Cannot threaten National Security
Print “obscene” materials

7. 1st Amendment: Petition & Assembly March 3, 2017

8. Right to gather in group As long as peaceful (no riots)
Freedom of Assembly
Right to gather in group
As long as peaceful (no riots)
Meetings, parades, rallies, celebrations, etc.
Rules about where/ when take place (i.e. permit)
But…Gov’t CANNOT ban
Right to join club/ social groups
Political party; labor unions

9. Freedom to Petition Gov’t Petition: formal request
Signed document; ; letter
Complaint; recommendation
Submit to gov’t
President/ Congress

10. 2nd Amendment: The right for citizens to bear ARMS
Weapons
Controversy: don’t specify TYPE of weapons
3rd Amendment: don’t have to quarter soldiers
Don’t have to feed/ house soldiers during times of peace
Unless homeowner wants to
4th Amendment: Protects unreasonable search & seizure
Gov’t cannot search/ take without probable (valid) cause
Need a search warrant (court order allowing search)
Need PROBABLE CAUSE for search warrant

11. 5th Amendment: protects rights of ACCUSED criminals
No one can be put on trial without indictment (formal charge)
Double jeopardy: can’t be charged for the same crime TWICE
Right to remain silent: don’t have to say anything that could incriminate you
Due process: everyone entitled to legal process to determine guilt/ innocence
Eminent domain: gov’t cannot take property without due cause and proper reimbursement
Has to be for public use
Must pay fair price to do so
***Indictment does NOT mean guilt (means may have committed crime)

12. Civil vs. Criminal February 19, 2016
Civil Case: Court case involving $$$
Ex: Sue McDonald’s for $1 million
Criminal Case: Court case involving criminal offense
Ex: 1st degree murder

13. Sixth Amendment (Criminal Cases)
MUST be told exact nature of crime charged with
Choice of trial by jury or judge
Trial must be speedy
Jurors must be impartial
Impartial: Non-biased/ fair
If possible – trial should take place in same area where crime committed
Accused have right to hear & question all witnesses
Accused allowed to have own witnesses for their defense
Entitled to lawyer (supplied if you cannot afford one)
Seventh Amendment (Civil Cases)
Jury trial allowed in Civil Cases if amount of money involved is over $20 (Today: $75,000)

14. Eighth Amendment
Sometimes months before trial starts:
Stay in Jail
Remain free by paying bail
Bail: sum of money used as security deposit that you will show up for court
If you show up to court, the bail is returned
If you refuse to show, the bail is forfeited to the courts
Judge determines bail:
Type of crime committed
Record of accused person
Likelihood that accused will appear in court
Cruel and unusual punishment
Can be cruel, can be unusual – but can’t be BOTH

15. Ninth Amendment
States that citizens have other rights besides the rights listed in the Bill of Rights
Tenth Amendment
Any right NOT listed in Constitution, are given to the PEOPLE (states)
Example: Marriage; education