Presentation on theme: "What rights are protected under the Bill of Rights?"— Presentation transcript:
1 What rights are protected under the Bill of Rights? Protections of Individual Freedoms Protection Against the Abuse of Power Protections of the Accused Examples Are there other rights that you wish would have been included in the Bill of Rights? What are they?
2 Protections of Individual Freedoms 1st Amendment
3 1st Amendment: Freedom of Religion "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."Every American free to follow the religion of choice, or not follow at all.Government cannot interfer Why was freedom of religion important to the framers?
4 1st Amendment: Freedom of Religion First time in history where government has taken this step May never be used to determine who holds office, who may vote, etcAlso establishes separation of church and stateGovernments may not favor any religion or establish an official religion.
5 1st Amendment: Freedom of Speech "...or abridging the freedom of speech..."Colonists had been unable to speak freely about the way the British government treated them.
6 1st Amendment: Freedom of Speech Every American has the right to speak and write freely Includes ideas that you agree with as well as ideas you disagree withExceptions Not free to slander (spoken) or tell lies intended to damage another person's reputation. "FIRE!" Endangering the lives of others, such as by causing panic.
7 1st Amendment: Freedom of Press May criticize government without fear of being arrested.Zenger Case1. Prevents the Government from deciding what may be printed. 2. Guarantees that citizens can get information and hear different opinions. Freedom of the press was especially important because the founding fathers believed that if all else failed, the press would be able to investigate the government and inform the people.1735 Zenger publisher of NY Weekly Journal -printed articles accusing NY governer of abusing his powers (bribes)Hamilton argues basic right bc spoke/wrote the truthExceptions Not free to libel or print lies about a person that may damage reputation.
8 1st Amendment: Freedom of Assembly Every American has the right to assemble, or get together.Example: A group may hold a demonstration to protest a new law as long as their demonstration is peaceful and does not violate the rights of other citizens.
9 1st Amendment: Freedom of Petition Right to ask the government representative to change a law, to make a new law, or in other ways to solves problems that arise. A request of government A citizen may make a request by writing a letter, by telephoning, or by sending a petition (a request signed by many citizens to a representative of Congress). English Declaration of RIghts
10 Protections Against the Abuse of Power 2nd Amendment: Gun Ownership 3rd Amendment: The Housing of Soldiers 4th Amendment: Unreasonable Searches and Seizures 5th Amendment: Protecting Property Rights 1. Protect against abuse of power from police, judges, and other government officials. 2. .Stem from colonial experiences
11 2nd Amendment: Right to Bear Arms 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.Right to own a gun1. American Revolution fresh in the minds of Americans Remember that militias (group of citizens armed to defend themselves) had played an important role in the victory over the British 2. Now that the United States was forming a strong government, many people felt this would offer them protection against abuses of government power3. Debate over its meaning...
12 3rd Amendment: Quartering Troops 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.1. During the colonial period, England forced soldiers to use colonists' homes as living quarters 2. Third amendment states that the government must obtain the owner's consent first.
13 3rd Amendment: Quartering Troops The Quartering Act of 17651. The Act required that the colonists had to supply British troops with food,munitions and barracks. 2. The troops were used to enforce Parliament’s new tax policies in the colonies; 3. Deeper Principle: idea that the nation's armed forces should be used only to defend the nation from foreign attack, and that these forces should not interfere in the daily lives of the citizens nor enforce criminal or civil law, nor should the forces be used in any way by the government against the people.
14 4th Amendment: Search and Seizure 1. During colonial times England allowed officers to make unlimited searches and seizures with no reason other than suspicion and to instill fear.2. Officers cannot search a citizen or a citizen's home without valid reason to do so Must obtain a search warrant ( written permission from a judge whereby the police must convince a judge that they are likely to find evidence of a crime)
15 4th Amendment: Search and Seizure 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.Armed with "writs of assistance" issued by Parliament, British customs officers entered people's homes and ransacked their belongings in search of contraband even if they had no evidence of a Stamp Act violation.Colonists came to hate these "warrantless" searches. Must obtain a search warrant ( written permission from a judge whereby the police must convince a judge that they are likely to find evidence of a crime)
16 4th Amendment: Search and Seizure 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.Can enter when their is "clear and present danger"
17 5th Amendment: Protecting Property Rights "...nor shall private property be taken for public use, without just compensation."Eminent Domain: the power to take private property for payment for public use.
18 Protections of the Accused 5th Amendment 6th Amendment: Right to Trial by Jury7th Amendment 8th Amendment Bails, Fines, and PunishmentsProtections against unfair treatment
19 5th Amendment: Grand Jury "No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury..."
20 5th Amendment: Double Jeopardy "...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb..."Double Jeopardy: being placed on trial twice for the same crime.
21 5th Amendment: Right to Remain Silent "...nor shall be compelled in any criminal case to be a witness against himself..."
22 5th Amendment: Right to Remain Silent 1966 US Supreme Court Case Miranda v. ArizonaMiranda Warning "You have the right to remain silent. Anything you say or do can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?"Miranda arrested without being told his rights1966 Supreme Court Case, police officers must state the Miranda warning to anyone they arrest.Miranda v. Arizona 1963 MIranda confessed to the crime, used as evidence in his trial. convicted and sent to jail\Appealed to SC Ruled police must inform a person they arrest of their rights b4 they question you
23 5th Amendment: Due Process of the Law "nor be deprived of life, liberty, or property, without due process of law..."Due Process of the Law: entitles accused citizens the right to be treated fairly according to the rules established by the law.Procedure Steps
24 6th Amendment: Right to a Trial In all criminal prosecutions, the accused shall enjoy the right to 1. a speedy and public trial, by an impartial jury2. informed of the nature and cause of the accusation; 3. to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, 4. and to have the Assistance of Counsel for his defense.1. can be put in jail for a long time as awaits trial.Magna Carta1. trial by jury2. no one will refuse or delay justice 3. reliable witnesses
25 7th Amendment: Right to Trial in Civil Cases Not a criminal matter, but when one person sues another person. Permits jury trials in cases where there are conflicts over property or money (more than 20 dollars)What was it important to allow other citizens to be able to view trials? Courts are open to public view and public participation. When people serve as jurors, they help to make sure that their fellow citizens are treated fairly. Whatever is decided in such a trial is final, unless another law says otherwise.
26 8th Amendment: Bails, Fines, and Punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.Instead of having to stay in jail until the trial, an accused person may be allowed to deposit with the court a certain amount of money (bail). This money is a pledge that the person will appear at the trial. Cannot be unfairly high, when the person appears at the trial, the bail is returned.8th Amendment comes directly from English Bill of Rights of 1689
27 9th Amendment: Citizen's Rights not Listed The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.right to an educationright to eatright to choose where we work
28 10th Amendment: Powers Reserved to the States 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.Declares that those powers that are not directly expressed in the Constitution belong to the state governments or the people.
29 Has a Right Been Violated? You have been accused of robbing a bank. You go through a trial and are found not guilty. Five years later, with new technology, there is new evidence against you. You are notified that next week a new trial will be held against you for the bank robbery.Violation of Amendment 5, Double Jeopardy