1. The Bill of Rights

2. First Amendment
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.

3. First Amendment The First Amendment protects Speech Religion Press
No state religion
Freedom of Worship
Press
Assembly
Petition

4. Second 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.

5. Second Amendment The Second Amendment protects: Controversy:
The right to bear arms (weapons)
Why was this amendment included?
Controversy:
Does this refer to individual gun ownership?
Or does this refer to officials, like the National Guard and police officers?

6. Third Amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

7. Third Amendment The Third Amendment protects:
Against soldiers being forced to live in your house during peace time.
Why did Madison include this amendment?

8. Fourth Amendment
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.

9. Fourth Amendment The Fourth Amendment protects:
Citizens from unreasonable searches of property, except for when police officers have a warrant.

10. 5th Amendment
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

11. 5th Amendment
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury
Citizens have the right to a Grand Jury- type of jury that determines whether there is enough evidence for a trial

12. 5th Amendment
nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;
Citizens are protected from “double jeopardy”
Why?

13. 5th Amendment
nor shall be compelled in any criminal case to be a witness against himself
Citizens are protected from self-incrimination- they can “Plead the Fifth”
Why?

14. 5th Amendment
nor be deprived of life, liberty, or property, without due process of law
The government must respect all of the legal rights that are owed to a person according to the law
Ex.: Miranda Rights

15. 5th Amendment
nor shall private property be taken for public use, without just compensation
If the government employs eminent domain (taking private property for public use), then they must provide “just compensation.”

16. Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

17. Sixth Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial
If a citizen is accused of a crime, he or she will have a trial
Why?

18. Sixth Amendment
by an impartial jury of the State and district where in the crime shall have been committed
A citizen will have a jury for the trial. The jury won’t be unreasonably biased.
Why?

19. Sixth Amendment to be confronted with the witnesses against him
The people who accused you of the crime will be at the trial.
Why?

20. Sixth Amendment
to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
A citizen will be given a lawyer, as long as a citizen wants one.

21. Seventh Amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

22. Seventh Amendment
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved
If a citizen sues someone, then a jury will be present for the trial.
Why?

23. Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
No unreasonable bails, no torture.

25. Eighth Amendment
Cruel and Unusual: drawing and quartering, public dissecting, burning alive, or disemboweling
The death penalty has usually been ruled NOT cruel and unusual (even Utah’s and Oklahoma’s death penalty!)

26. Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others [rights] retained by the people.
Enumeration: listing
Construed: interpreted

27. Ninth Amendment
There are some rights that are NOT listed in the Bill of Rights. The people still have these rights.
The question is, what are those rights?

28. Ninth Amendment Unlisted rights: Privacy Right to bear arms
(Abortion?)
Right to bear arms

29. Tenth Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Not delegated: not given

30. Tenth Amendment
Powers NOT GRANTED to the Constitution are the powers of the states. If not granted to the states, it is a power of the people
Examples:
Drivers licenses are controlled by states
Marriage laws are controlled by states

31. Tenth Amendment The Tenth Amendment is a restatement of Federalism:
The sharing of power between a national government and state governments.
Meant to ensure fairness between each (check and balances)
Problems with this?