1. The Bill of Rights

2. The Bill of Rights
The Bill of Rights protects our civil liberties – the freedoms we have to think and to act without government interference or fear of unfair treatment
They place strict limits on how the national government can use its power over the people
The first ten amendments to the Constitution were all added in 1791

3. First Amendment Freedoms
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”

4. Freedom of Religion
There are two main guarantees of religious freedom –
The Establishment Clause – no law regarding the establishment of religion
The Free Exercise Clause – no law prohibiting the free exercise thereof

5. Freedom of Religion
Thomas Jefferson said the Establishment Clause set up, “a wall of separation between church and state.”
Government does much to encourage religion in general – no taxes, the oath of office on a bible, use of chaplains, references to God on coins etc.
How high the wall of separation is exactly is much debated and continually evolving

6. Freedom of Religion
Most Establishment Clause cases involve religion and education
The Court has ruled that public dollars can go to parochial (religious) schools for things like bussing and some other non-religious instruction
The Court also has allowed religious release time
The Court has allowed religious groups the same access to public facilities as other groups

7. Freedom of Religion
The Court has not allowed school led prayer in public schools or a moment of silence
The Court has not allowed the posting of the Ten Commandments in classrooms
They have struck down laws forbidding the teaching of evolution

8. Freedom of Religion
Seasonal displays are also part of the Establishment Clause
The court has ruled that holiday displays that endorse a religious doctrine are unconstitutional
Chaplains for legislatures have been found to be constitutional because of the long tradition of having a chaplain and because legislators are old enough to not be susceptible to religious indoctrination or peer pressure

9. Freedom of Speech
The First Amendment guarantees that we can say what is on our minds, in public or private, without fear of punishment by the government
The Court has ruled that some forms of freedom of speech are not protected. They include:
Libel – the false and malicious use of printed words
Slander – the false and malicious use of spoken words
Seditious speech – advocating the overthrow of the government by force
Obscenity – very hard to define

10. Freedom of the Press
For the most part, the freedom regular citizens have extend to the Press/Media
The government cannot practice censorship; that is, it cannot ban printed materials or films merely because they contain alarming or offensive ideas.
It also cannot censor information before it is published
The Court has found that the Media can be restricted more than the average citizen due to their scope

11. Freedom of the Press
The Court ruled that members of the media are not protected from being forced to testify in court and to reveal their sources
The Supreme Court has allowed the press to be limited when the material might threaten national security
The Zenger Case – (1733) John Peter Zenger was arrested and imprisoned for criticizing the governor of New York – his lawyer, Andrew Hamilton, argued that only a press free to criticize the government could prevent that government from abusing its power

12. Freedom of Assembly/Petition
The First Amendment protects our right to gather in groups for any reason, so long as the assemblies are peaceful
A petition is simply a formal request.
The right to petition means the right to express one’s ideas to the government
A petition can be a simple letter or or a written statement signed by thousands

13. Freedom of Assembly/Petition
Most cases in this area have to do with public protests or picketing
The Court ruled that government can regulate the time, place, and manner of the assembly – but not the content
They have set some guidelines for protests like at abortion clinics
They have also allowed limits on private property
Freedom of assembly also implies freedom of association – which means you are free to form or join social clubs, political parties, labor unions etc.

14. Protecting the Rights of the Accused
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”
It was designed to prevent the use of writs of assistance which the British had used

15. Protecting the Rights of the Accused
The key to the 4th Amendment is that you must have a search warrant that has been obtained with probable cause to search except in particular circumstances
Police do not need a warrant when evidence is in plain view
Minnesota v. Carter (1999) police noticed two men bagging cocaine through an open window; they went in and arrested them and seized the drugs

16. Protecting the Rights of the Accused
Arrests – they are the seizure of a person. An officer does not need a warrant to search the area around the suspect when making a lawful arrest
Officers need probable cause that the suspect has committed a crime or is about to
Officers can search the area around them to prevent them from pulling out a weapon or destroying evidence

17. Protecting the Rights of the Accused
Automobiles – the Court has struggled with searches of automobiles because they are essentially mobile crime scenes
They have found that it is unreasonable to expect the police to wait for a warrant because the suspect will leave the scene and be able to destroy the evidence
Whenever police lawfully stop a car, they do not need a warrant to search anything in that vehicle that they have reason to believe holds evidence of a crime

18. Protecting the Rights of the Accused
The exclusionary rule - evidence gained as the result of an illegal act by police cannot be used at the trial of the person from whom it was seized Weeks v. United States (1914)
The exclusionary rule was extended to the states in Mapp v. Ohio (1961)
Over the years, the exclusionary rule has been narrowed
Nix v. Williams (1984) the Court ruled tainted evidence can be used if it would have been inevitably discovered

19. 5th Amendment
Grand Jury – “no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury”
It is the formal device by which a person can be accused of a serious crime. In federal cases it is a body of from 16 – 23 persons – at least 12 members must vote to return an indictment for the case to go to trial
An indictment is a formal complaint that charges the accused with a crime

20. 5th Amendment A grand jury’s proceedings are not a trial
Its sessions are secret and there is no defense present
It is a protection against overzealous prosecutors
The right to a grand jury does not apply to the States
Critics think it is a waste of time and money and that the prosecution has too much influence

21. 5th Amendment
Double Jeopardy – the 5th Amendment protects people from double jeopardy – this means you can not be tried twice for the same crime
It does not mean that you can’t be tried in both federal and state court, however
A hung jury case does not apply
An accused person is also protected against self-incrimination – they cannot be forced to testify against themselves

22. 5th Amendment
5th Amendment – the Federal Government cannot deprive any person of life, liberty, or property without due process
Due Process has evolved out of English Law and basically means that the government must act fairly, use fair procedures and follow fair laws
People are also protected against the government taking their property without proper compensation. The power of eminent domain is the right of the government to take property for public use

23. 6th Amendment
Speedy and Public Trial – “In all criminal Prosecutions, the accused shall enjoy the right to a speedy and public trial…”
The accused must be allowed a speedy and public trial by an impartial jury
If possible, the trial must be held in the area where the crime took place
The accused must be permitted to hear and question all witnesses

24. 6th Amendment
The accused must be informed of the nature of the charges
The accused is entitled to a lawyer and to call witnesses for his or her defense

25. 6th Amendment
Escobedo v. Illinois (1964) Police must stop questioning you and allow your lawyer to speak with you
Gideon v. Wainwright (1963) the Court held that an attorney must be furnished to a defendant who cannot afford one – typically judges assign a lawyer from the local community or some communities have tax-supported public defenders

26. Miranda v. Arizona (1966)
Miranda was a mentally retarded man who had been convicted of kidnapping and rape. After two hours of questioning he confessed – he was never informed of his rights
The court developed the Miranda Rule. The person
Must be informed of their right to remain silent
Warned that anything they say can be used against them in court
Told of their right to a lawyer when questioned

27. Miranda v. Arizona (1966)
Told they can have a lawyer appointed if they can’t afford one
Told that he or she may bring police questioning to an end at any time
The rule has been very controversial – many believe it puts criminals back on the streets
The court still refines it on a case-by-case basis
Illinois v. Perkins (1990) – the Court held that an undercover officer posing as a prisoner does not have to inform an inmate of his Miranda Rights before prompting him to discuss a murder

28. 8th Amendment
8th Amendment says “Excessive bail shall not be required, nor excessive fines imposed…”
Bail is the $ that the accused may be required to deposit with the court to guarantee they will show up for trial
Bail is justified on two grounds
A person should not be jailed until their guilt is established
A defendant is better able to prepare for trial outside of jail

29. 8th Amendment
Bail – the Constitution does not guarantee everyone bail – only that it cannot be excessive
Bail amounts are based on the severity of the crime charged and the reputation and financial resources of the accused
People who fail to show up at trial forfeit their bail – people often borrow the amount from bail bondsmen

30. 8th Amendment
Cruel and Unusual Punishment – the 8th amendment also forbids cruel and unusual punishment – the question is: what is it?
Wilkerson v. Utah (1879) the firing squad was ruled to be acceptable – it defined it as barbaric tortures as burning at the stake, crucifixion, drawing and quartering etc.
Capital Punishment is the death penalty
Furman v. Georgia (1972) temporarily stopped executions because they gave too much discretion to judges and juries – only African Americans or poor people were executed

31. 2nd Amendment
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”
The intent was to preserve a State’s right to have a militia
In District of Columbia v. Heller the Court ruled that a law outlawing handguns and requiring all firearms to be unloaded and to have trigger locks was unconstitutional

32. 3rd Amendment
It forbids the quartering (housing) of soldiers in private homes in peacetime. This was a common practice the British employed in colonial days
It has had almost no importance since its adoption
It has never been the subject of a Supreme Court case

33. 7th Amendment
The 7th Amendment concerns civil cases – lawsuits that involve disagreements between people rather than crimes
The 7th Amendment provides for the right to a jury trial in federal courts to settle all disputes about property worth more than $20
When both parties in a conflict agree, however, a judge rather than a jury may hear evidence and settle the case

34. 9th & 10th Amendment
“The enumeration in the Constitution of the United States, of certain rights, shall not be construed to deny or disparage others retained by the people.”
The people have rights not listed in the Bill of Rights. Government cannot take them away just because they were not written out in the Constitution
“The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”