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Bill of Rights Proposed: September 25, 1789 Ratified: December 15, 1791 Meant to restrict national government, not the states (14 th Amendment makes them apply to states according to the Supreme Court) None of the rights are absolute, respect for rights of others
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Amendment 1 “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.” “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.”
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Amendment 1 (In English) Freedom of: Freedom of: Religion (thought and practice, separation church and state) Religion (thought and practice, separation church and state) Speech (speak, publish, express views) Speech (speak, publish, express views) Press (speak, publish, express views) Press (speak, publish, express views) Assembly (join with others in public meetings, political parties, interest groups, and other associations to discuss public affairds and influence public policy) Assembly (join with others in public meetings, political parties, interest groups, and other associations to discuss public affairds and influence public policy) Petition Petition
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Amendment 2 “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” “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”
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Amendment 2 (In English) Right to keep and bear arms Right to keep and bear arms Each state has a right to its own militia or armed force Each state has a right to its own militia or armed force National Guard National Guard National and State Governments can restrict private possession and use (all States in some form, Illinois is 1 of 2 states without concealed carry) National and State Governments can restrict private possession and use (all States in some form, Illinois is 1 of 2 states without concealed carry)
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Amendment 3 “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 prescribed by law” “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 prescribed by law”
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Amendment 3 (In English) British British Lodging in Private homes Lodging in Private homes
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Amendment 4 “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.” “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.”
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Amendment 4 (In English) No unreasonable search and seizure (evidence or persons) No unreasonable search and seizure (evidence or persons) Warrants required (specific) Warrants required (specific) Probable cause required Probable cause required Exclusionary Rule: From Supreme Court: Illegally obtained evidence cannot be used at trial Exclusionary Rule: From Supreme Court: Illegally obtained evidence cannot be used at trial
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Amendment 5 “No person shall be held to answer for a 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.” “No person shall be held to answer for a 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.”
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Amendment 5 (In English) Presentment or Indictment by Grand Jury Presentment or Indictment by Grand Jury Charged, accused of crime Charged, accused of crime No Double Jeopardy (tried twice) No Double Jeopardy (tried twice) Not required to bear witness against oneself Not required to bear witness against oneself Protection against self-incrimination Protection against self-incrimination Not required to answer any question in any governmental proceeding if that answer could lead to that person’s prosecution Not required to answer any question in any governmental proceeding if that answer could lead to that person’s prosecution Due Process Due Process No unfair or arbitrary actions No unfair or arbitrary actions Eminent Domain Eminent Domain Government may take property for public purposes Government may take property for public purposes Must pay fair price Must pay fair price
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Amendment 6 “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 wherein 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 defence.” “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 wherein 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 defence.”
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Amendment 6 (In English) Criminal Proceedings Criminal Proceedings Right to fair and speedy trial Right to fair and speedy trial Informed of charges against defendant Informed of charges against defendant Right to cross examine witnesses against him/her Right to cross examine witnesses against him/her Right to compel testimony from “friendly” witness Right to compel testimony from “friendly” witness Right to an attorney Right to an attorney
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Amendment 7 “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 reexamined in any Court of the United States, than according to the rules of the common law.” “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 reexamined in any Court of the United States, than according to the rules of the common law.”
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Amendment 7 (In English) Jury in Civil Cases Jury in Civil Cases Non-Criminal Non-Criminal Between two private parties Between two private parties Or Or Government and a private party Government and a private party Only applies in Federal Courts Only applies in Federal Courts Not required (if both sides agree to bench trial) Not required (if both sides agree to bench trial)
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Amendment 8 “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
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Amendment 8 (In English) No excessive bail No excessive bail What is bail? What is bail? Amount one must give to court as a guarantee they will show up to court proceedings Amount one must give to court as a guarantee they will show up to court proceedings Must fit crime Must fit crime No cruel and unusual punishment No cruel and unusual punishment Punishment must fit the crime Punishment must fit the crime
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Amendment 9 “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
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Amendment 9 (In English) “Unenumerated Rights” “Unenumerated Rights” These are not the only rights held by the people These are not the only rights held by the people
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Amendment 10 “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.” “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.”
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Amendment 10 (In English) Reserved Powers Reserved Powers Identifies areas of power given to the States Identifies areas of power given to the States All powers not specifically given to the national government, or forbidden of states, belong to the states All powers not specifically given to the national government, or forbidden of states, belong to the states Not prohibited, not given to feds = States Not prohibited, not given to feds = States
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