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Published byEdgar Holmes Modified over 9 years ago
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Bill of Rights Designed to protect the basic rights of individuals from being taken away by the government Designed to protect the minority from the majority
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1 st Amendment Personal Freedoms 1. Freedom of Speech/Expression 2. Freedom of Religion 3. Freedom of Press 4. Freedom of Assembly 5. Freedom of Petition
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Limits to Free Speech 1. Clear and Present Danger - cannot use speech to endanger others or try to incite riots 2. Sedition – cannot incite rebellion against or the overthrow of the government 3. Libel – cannot spread false stories that damage a person’s reputation – except well-known public figures 4. Obscenity – cannot express yourself in obscene fashion – books, e-mails, child pornography etc. 5. Fighting Words – cannot use offensive, insulting language towards people in public places
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6. False Advertising – companies cannot make false claims in advertising 7. Minors – unlike adults, free speech rights do not apply fully to minors – R-rated movies, adult bookstores, school etc.
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2 nd Amendment Right to Bear Arms (As part of a militia)
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3 rd Amendment Government cannot force people to house soldiers in their home. (Quartering Act)
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4 th Amendment Right to Privacy – Government cannot enter your home or search you or your personal possessions 1. Warrant – special court order giving permission for search 2. Probable Cause – police/government have reason to believe you have done something illegal 3. Terrorism has changed the rules to some degree Wiretapping
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5 th Amendment Rights of Accused People 1. Must be indicted (charged) by a grand jury 2. Cannot be tried twice for the same crime (double jeopardy) Acquitted – found not guilty 3. Cannot be forced to testify against yourself in court – “I plead the fifth” Perjury – lying in court
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5 th Amendment 4. Cannot be imprisoned or punished without being given a fair trial – due process 5. Private property cannot be taken by the government except to be used for public purposes and owner has to be fairly compensated – eminent domain
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6 th Amendment 1. Right to a speedy and public trial 2. Right to a trial by jury 3. Government has to tell you what you are accused of 4. Right to know who is accusing you and question them 5. Right to a lawyer to defend you (Miranda Rights)
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7 th Amendment Civil Suits – court cases about money Right to a jury trial for any value over $20
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8 th Amendment 1. Bans cruel and unusual punishment 2. Punishment must fit the crime – no excessive punishment 3. Right to have bail ( money to get out of jail before trial) – no excessive bail
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9 th Amendment Covers people’s other individual rights Example – Freedom to travel Not every right can be listed in the Constitution
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10 th Amendment Reserves any power not specifically given to the national government for the states Marriage, driving laws, drinking ages, education
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