Establishment Clause: Congress can’t make a national religion or support a religion. Free Exercise: Can’t interfere with people’s rights to practice their religion of choice
1. Time, place, manner (this includes school) 2. Harmful to Children 3. Clear and Present Danger 4. Obscene Speech
Right to bear arms What is the major disagreement today over the Second Amendment right to bear arms? Some people believe this refers to a state militia, others believe it refers to personal gun owership.
Cannot force citizens to house soldiers without their consent (Britain did this after the French and Indian War)
Protects you from “unreasonable search and seizures” Police have to get a search warrant What must the government show in order to get a search warrant? Probable cause, which means that there must be proof there is a good reason that evidence of a crime will be discovered
Cannot be punished without due process (means law must be applied fairly) No double jeopardy (can’t be charged with same crime twice) Don’t have to testify against yourself (right to remain silent)
Right to speedy public trial Right to know charges against you Right to confront witnesses Right to a lawyer
Juries can decide civil cases Civil cases are NOT criminal cases (They are lawsuits where someone sues another person)
Protects you from “cruel and unusual punishment” Punishment must fit the crime According to the Supreme Court, is the death penalty cruel and unusual punishment? Not right now.
People have other rights that are not listed Including the right to Privacy
All powers not specifically given to the national government are given to the states and/or the people.