Bill of Rights


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Bill of Rights

  1. 1. The “Bill of Rights” The First 10 Amendments to the U.S. Constitution
  2. 2. The Bill of Rights <ul><li>The first ten amendments to the Constitution are known as the “Bill of Rights.” </li></ul><ul><ul><li>The Bill of Rights was not included in the 1787 Constitution. </li></ul></ul><ul><ul><li>The first ten amendments were ratified on Dec. 15, 1791. </li></ul></ul>
  3. 3. The Bill of Rights <ul><li>These amendments were designed to protect the basic freedoms of American citizens. </li></ul><ul><li>The meanings and applications of these rights have changed over time as judicial interpretations of these freedoms has changed. </li></ul>
  4. 4. The Bill of Rights: A Charter of Liberties <ul><li>Although we tend to use the terms interchangeably, a useful distinction can be made between </li></ul><ul><ul><li>civil liberties </li></ul></ul><ul><ul><li>civil rights. </li></ul></ul>What’s the difference?
  5. 5. Civil Liberties vs. Civil Rights <ul><li>CIVIL LIBERTIES are protections of citizens from unwarranted government action. </li></ul><ul><li>CIVIL RIGHTS describe government’s responsibility to protect citizens. </li></ul><ul><li>The Bill of Rights’ emphasis on limiting the powers of the national government makes it arguably more a “bill of liberties.” </li></ul>
  6. 6. Civil Liberties <ul><li>As restraints on government action, there are at least two kinds of civil liberties: </li></ul><ul><ul><li>Substantive liberties are restraints on what the government shall and shall not have the power to do. </li></ul></ul><ul><ul><li>Procedural liberties are restraints on how the government is supposed to act when it acts; for example, citizens are guaranteed “due process of law” when accused of a crime. </li></ul></ul>
  7. 7. Rights in the U.S. Constitution <ul><li>There were very few rights explicitly named in the U.S. Constitution when it was first drafted: </li></ul><ul><ul><li>Habeas corpus (Art. I, Sec. 9) </li></ul></ul><ul><ul><li>Prohibition of bills of attainder and ex post facto laws (Art. I, Sec. 9) </li></ul></ul><ul><ul><li>Prohibition against titles of nobility (Art. I, Sec. 9) </li></ul></ul><ul><ul><li>Guarantee of trial by jury (Art. III) </li></ul></ul><ul><ul><li>Treason defined and limited to the life of the person convicted (Art. III) </li></ul></ul>
  8. 8. Rights vs. Restrictions <ul><li>Notice as we read the amendments: </li></ul><ul><ul><li>The Bill of Rights does NOT give you, a citizen, specific rights. </li></ul></ul><ul><ul><li>Instead, it restricts the power of the federal government. </li></ul></ul><ul><ul><li>For example : the 1 st Amendment does not give YOU the right to free speech, press or religion. Instead, it says the government cannot take those freedoms away. See the difference? </li></ul></ul>
  9. 9. First Amendment <ul><li>“ 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.” </li></ul>
  10. 10. First Amendment <ul><li>The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. </li></ul><ul><li>This means that we all have the right to: </li></ul><ul><ul><li>practice any religion we want to </li></ul></ul><ul><ul><li>to speak freely </li></ul></ul><ul><ul><li>to assemble (meet) </li></ul></ul><ul><ul><li>to address the government (petition) </li></ul></ul><ul><ul><li>to publish newspapers, TV, radio, Internet (press) </li></ul></ul>
  11. 11. First Amendment <ul><li>The First Amendment allows citizens to express and to be exposed to a wide range of opinions and views. </li></ul><ul><li>It was intended to ensure a free exchange of ideas even if the ideas are unpopular. </li></ul>
  12. 12. 2nd Amendment <ul><li>“ 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.” </li></ul>
  13. 13. Second Amendment <ul><li>The 2nd Amendment protects the right to bear arms, which means the right to own a gun. </li></ul>
  14. 14. Second Amendment <ul><li>The principal debate surrounding the Second Amendment concerns whether the right to use and buy guns belongs to individuals or only to a militia. </li></ul><ul><li>Although the courts generally have held that the right applies to individuals, they have permitted the government to limit some rights of gun manufacturers, owners and sellers. </li></ul>
  15. 15. Third Amendment <ul><li>“ 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.” </li></ul>
  16. 16. Housing of Soldiers <ul><li>Intended to protect citizens’ rights to the ownership and use of their property without intrusion by the government. </li></ul><ul><ul><li>The drafters of the Constitution were resentful of British laws that allowed British soldiers to take over private homes for their own use. </li></ul></ul><ul><ul><li>The amendment bars the government from forcing individuals to provide lodging to soldiers in their homes, except during war when the interest of national security may override an individual’s right of private property. </li></ul></ul>
  17. 17. Fourth Amendment <ul><li>“ 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.” </li></ul>
  18. 18. Fourth Amendment <ul><li>The 4th Amendment protects the people from unreasonable searches and seizures. </li></ul><ul><ul><li>This means that the police must have a warrant to enter our homes. </li></ul></ul><ul><ul><ul><li>A search can mean everything from frisking by a police officer to a blood test, to a home search. </li></ul></ul></ul><ul><ul><li>It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason). </li></ul></ul><ul><ul><ul><li>A seizure occurs when the govt. takes control of a person or his possessions and uses it for evidence of a crime. </li></ul></ul></ul>
  19. 19. Fifth Amendment <ul><li>“ 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.” </li></ul>
  20. 20. Fifth Amendment <ul><li>The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused) </li></ul><ul><ul><li>You may not be tried twice for the same crime (double jeopardy) </li></ul></ul><ul><ul><li>You don’t have to testify against yourself in court. (Self-incrimination) </li></ul></ul>
  21. 21. Fifth Amendment <ul><li>Requirement that serious federal criminal charges be started by a grand jury (a group of citizens who hear evidence from a prosecutor about potential crimes). </li></ul><ul><li>Its basic purpose is to provide a fair method for beginning criminal proceedings against those accused of committing crimes. </li></ul><ul><li>Grand jury charges can be issued against anyone except members of the military, who are instead subject to courts-martial in the military justice system. </li></ul>
  22. 22. Sixth Amendment <ul><li>“ 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 defense.” </li></ul>
  23. 23. Sixth Amendment <ul><li>The 6th Amendment guarantees: </li></ul><ul><ul><li>a speedy trial (you can’t be kept in jail for over a year without a trial) </li></ul></ul><ul><ul><li>an impartial jury (doesn’t already think you are guilty) </li></ul></ul><ul><ul><li>that the accused can confront witnesses against them the accused must be allowed to have a lawyer </li></ul></ul>
  24. 24. Seventh Amendment <ul><li>“ 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.” </li></ul>
  25. 25. Seventh Amendment <ul><li>The 7th Amendment guarantees the right to a speedy civil trial. </li></ul><ul><li>A civil trial differs from a criminal trial. </li></ul><ul><ul><li>A civil trial is when someone sues someone else. </li></ul></ul><ul><ul><li>A criminal trial is when the state tries to convict someone of a crime. </li></ul></ul>
  26. 26. Rights in Civil Cases <ul><li>Extends the right to a jury trial to federal civil cases such as car accidents, disputes between corporations for breach of contract, or most discrimination or employment disputes. </li></ul><ul><ul><li>In civil cases, the person bringing the lawsuit (the plaintiff) seeks money damages or a court order preventing the person being sued (the defendant) from engaging in certain conduct. </li></ul></ul><ul><ul><li>To win, the plaintiff must prove his or her case by “a preponderance of the evidence,” that is by over fifty percent of the proof. </li></ul></ul>
  27. 27. Eighth Amendment <ul><li>“ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” </li></ul>
  28. 28. Eighth Amendment <ul><li>The 8th Amendment guarantees that punishments will be fair and not cruel, and that extraordinarily large fines will not be set. </li></ul>
  29. 29. Ninth Amendment <ul><li>“ The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” </li></ul><ul><ul><li>All rights not stated in the Constitution and not forbidden by the Constitution belong to the people. </li></ul></ul><ul><ul><li>This means that the states can do what they want if the Constitution does not forbid it. </li></ul></ul>
  30. 30. Rights Retained by the People <ul><li>The Ninth Amendment is a constitutional safety net intended to make clear that individuals have other fundamental rights, in addition to those listed in the First through Eighth Amendments. </li></ul><ul><li>Some of the framers had raised concerns that because it was impossible to list every fundamental right, it would be dangerous to list just some of them (for example, the right to free speech, the right to bear arms, and so forth), for fear of suggesting that the list was complete. </li></ul>
  31. 31. Tenth Amendment <ul><li>“ 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.” </li></ul><ul><ul><li>The 10th Amendment states that any power not granted to the federal government belongs to the states or to the people. </li></ul></ul>
  32. 32. Powers Retained by the States & the People <ul><li>The Tenth Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states. </li></ul><ul><li>The amendment says that the federal government has only those powers specifically granted by the Constitution. </li></ul><ul><li>These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles. </li></ul>