The document summarizes key aspects of the first 10 amendments to the US Constitution known as the Bill of Rights. It provides details on the freedoms and rights guaranteed in each amendment, including freedom of speech, religion, press, assembly, right to bear arms, protections against unlawful search and seizure, self-incrimination, due process, and right to a fair trial. It notes that many of these rights were a reaction against authoritarian practices in British rule prior to the American Revolution.

1. CONSTITUTION:
BILL OF RIGHTS
Chapter 3

2. The “Doh!” Survey
 In 2006, the McCormick Tribune Foundation conducted a
random telephone survey of 1,000 American adults.
 The survey was conducted on January 20-22, 2006 by Synovate, an
independent market research firm.
 The survey asked each participant to:
 Name all five of the fictional Simpsons family members.
 Name all five of the fundamental freedoms guaranteed by the First
Amendment.
 Are you SMARTER than the average American???

5. The “Doh!” Survey
 The survey produced the following results:
 220/1,000 Americans could name all five of the Simpsons family
members – that is 22%
 1/1,000 Americans was able to name all five freedoms guaranteed
under the First Amendment – that is 0.1%
 Ironically, Americans believe all of the following were First
Amendment rights…
 Right against self-incrimination (38%)
 Women’s suffrage (36%)
 Right to drive (22%)
 Right to own and raise pets (21%)

6. Amendment I (1791)
 “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.”

7. Amendment I
 The opening phrase of the First Amendment states “Congress
shall make no law.”
 This phrase immediately tells exactly who this amendment is aimed at and
that entity is Congress.
 It does not however, prohibit the states from making such laws, nor does
it prohibit individuals from restricting these rights to those under their
authority, such as a parent and child or employer and an employee.
 For more than 100 years, the First Amendment was understood
to only apply to the federal government, but after the Civil War
and the passage of the Fourteenth Amendment, the courts
began to forbid states to interfere with these rights.

8. Amendment I
 The Establishment clause states that “Congress shall make no
law respecting an establishment of religion.”
 This clause prohibits the government from establishing a state religion or
denomination and from directing people in what they must believe.
 The Free Exercise clause states that “Congress shall make no
law respecting the establishment of religion or the free exercise
thereof.”
 This clause deals with the restriction on Congress to regulate an
individual’s religious practices.
 In general, Congress cannot tell people how they can or cannot
express their religious beliefs.

10. Amendment I
 Sometimes, however, minority religious organizations (cults)
may want to practice something that is not generally accepted or
that the state has a very strong interest in regulating.
 For example: polygamy, ritual sacrifice, and drug usage have all been
banned because there is a compelling public interest in eliminating these
behaviors.
 The Freedom of Speech clause states that “Congress shall
make no law… abridging the freedom of speech.”
 British history contained a long string of suppression by those in
authority, imprisoning subjects for voicing their religious and political
beliefs.
 The Founders intended to prevent this from ever happening in their
newly formed republic.

12. Amendment I
 Generally, freedom of speech is considered to be not only the
words people speak, but any type of expression that is used to
convey an idea.
 Such things as picketing, wearing symbols, or burning the flag are
considered protected forms of speech because they are expressing the
ideas of the people participating in them.
 Negatively speaking, many people abuse this right by slandering
those they disagree with or using ugly and offensive language,
racial epithets or hateful language about individuals who are
different than they are.

13. Amendment I
 The Freedom of the Press clause states that “Congress shall
make no law… abridging the freedom… of the press.”
 This was a very important principle to the Founders because of
the importance the press played during the Revolutionary War.
 The press turned out to be a very important instigation in getting
Americans to consolidate their views against England and in spreading the
concepts that would justify a break with England.
 English history contained no freedoms for the press whatsoever.
 All publications were subject to governmental review before publication.
 The colonists desired the right to criticize their government freely as
well as to discuss other topics whenever they chose.

14. Amendment I
 The Freedom of Assembly clause states “Congress shall make
no law… abridging… the right of the people peaceably to assemble…”
 This clause protects the right to assemble in peace to all Americans.
 This clause was very important to the colonists because without
the right to assemble, they could not coordinate their opposition
to the British government.
 Additionally, it is recognized to be of upmost importance if the Founders
were to be successful in establishing a government of the people.
 Numerous organizations, such as civil rights groups, women’s
suffrage groups, and labor unions, have relied upon this clause in
American history.

15. Amendment I
 The Freedom of Petition clause states “Congress shall make no
law… abridging the freedom of the people… to petition the Government
for a redress of grievances.”
 The freedom to petition the government was vital to the colonists
because of their experience with trying to get George III and
Parliament to respond to their grievances.
 The colonists were angered about the monarchy’s refusal to acknowledge their
grievances that they mentioned this fact in the Declaration of Independence.
 The freedom to petition the government for redress of grievance has
come to include the right to do such things as picketing, protesting,
conducting peaceful sit-ins or boycotts, and addressing government
officials through any media available.

16. Amendment II (1791)
 “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.”

17. Amendment II (1791)
 The right to bear arms was of vital importance to the Founders
because they did not want the government to overpower the
citizens if the government should become corrupt.
 If citizens were not allowed to own their own firearms then they could
easily be controlled and enslaved by the government.
 In recent years, the meaning of the Second Amendment has
been debated vehemently.
 On one hand, the first part of the amendment speaks directly of a
“well regulated militia” and implies that some relationship must exist
between the private gun owner’s rights and more formal state activities.
 On the other hand, the second part of the amendment appears to
trumpet the “people’s” right to own firearms at their discretion.

19. Amendment II
 Several court decisions have created limitations on the ability of
Americans to own and carry firearms.
 Limitations on owning a firearm include increasing the requirement of
licensing, educational classes, and background checks.
 Limitations on carrying a firearm include creating zones where guns
are not permitted.
 In 2008, the Supreme Court ruled for the first time that certain
gun control laws may violate an individual’s Second Amendment
right to “bear arms,” but it remains unclear whether that ruling
applies to state governments.

21. Amendment III (1791)
 “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.”

22. Amendment III (1791)
 The Third Amendment has been all but lost to history.
 The amendment forbids the government from quartering troops on an
individual’s private property during peacetime and only as prescribed
by law during times of war.
 The Quartering Act, which required the American colonists to
provide shelter and supplies for British troops, was one of the
grievances that provoked the Declaration of Independence and
ultimately the Revolution.
 Many colonists resented having to house British soldiers in private
homes so the Third Amendment aimed to protect private citizens
from such invasions.

24. Amendment IV (1791)
 “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.”

25. Amendment IV (1791)
 “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.”

27. Amendment IV (1791)
 Like the First Amendment, the Fourth Amendment is a uniquely
American right.
 The Fourth Amendment protects American citizens from illegal searches
and seizures of their private property and requires that a warrant be issued
in order for a government official to search or seize private property.
 The Fourth Amendment had its origins in the British “writs of
assistance” that were used by colonial officials to search for
smuggled contraband.
 The colonists had a habit of trying to evade custom duties on imported
goods because taxes were so steep.
 In response, the customs officials would get a “writ of assistance,” which
gave them authority to search any private property, any time they wished.

29. Amendment IV (1791)
 The Fourth Amendment generally requires that in order for a
search to be conducted of private property, a warrant must be
issued by a judge and only when there has been probable cause
demonstrated that a crime has been committed.
 Additionally, the amendment includes a controversial
exclusionary rule, which excludes from trial all evidence seized
in violation of a defendant’s constitutional rights.
 If evidence of a crime is obtained outside of this process, the search and
seizure is deemed illegal and the evidence is no longer admissible in court.

30. Amendment V (1791)
 “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.”

31. Amendment V (1791)
 The Fifth Amendment is a collection of various rights, most of
which are important primarily to those accused of a crime.
 The Fifth Amendment includes:
 Grand Jury clause
 Grand Jury Exception clause
 Double Jeopardy clause
 Self-Incrimination clause
 Due Process clause
 Eminent Domain clause

32. Amendment V (1791)
 The Grand Jury clause states the right to be indicted by a
Grand Jury for serious federal crimes.
 This protection uses a group of average citizens to review the
evidence first before declaring whether or not a potential case should
go to trial.
 This is a protection against corrupt government officials who might
attempt to try someone unfairly.
 The Grand Jury Exception clause makes an exception to the
right to have evidence examined by a Grand Jury for military
personnel.
 The Founders did this because of the unique situations that occur for
military personnel on the battlefield – regular citizens and judges would
not be able to relate to the situations faced by soldiers.

33. Amendment V (1791)
 The Double Jeopardy clause states the right to not be tried or
punished twice for the same offense.
 Modern courts apply this rule to all cases unless the first trial is found to
be fraudulent.
 The Self-Incrimination clause states the right to not testify
against oneself in criminal proceedings.
 At one time, English subjects could be tortured for not
confessing to crimes of which they were accused.
 This led to many faulty confessions and convictions because people
would confess to the crime, even if they did not do it, to avoid being
tortured.
 This practice was finally challenged and the right to not testify against
oneself became standard practice in English law.

35. Amendment V (1791)
 The Due Process clause states that the right to de deprived of
life, liberty, or property can only come by due process of law.
 This right asserts that the government must follow all written laws and
procedures when dealing with criminal and administrative matters.
 The due process clauses of the Fifth and Fourteenth
Amendments have been subject of much controversy due to
many rulings by the U.S. Supreme Court.
 Many believe the Court has used “due process” to wrest power
away from state legislatures and Congress due to using very
broad definitions of “life, liberty, and property,” that have
created many “rights” not listed in the Constitution.

36. Amendment V (1791)
 The Eminent Domain clause states the right to be paid a
reasonable amount of money if the government needs your
property for public use.
 If the government needs your property to build a highway or a
school, it must pay you a reasonable amount of money for the
transaction.
 The private citizen has no right to refuse the transaction, only the right
to be fairly compensated.
 In recent years, some jurisdictions have attempted to use this
procedure to take private property from one party and sell it to
another.
 The constitutionality of this procedure has been the subject of debate; however,
the court has upheld the procedure when the new use of the property would
somehow benefit the public.

37. Amendment VI (1791)
 “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.”

38. Amendment VI (1791)
 The Sixth Amendment offers the accused numerous
constitutional protections.
 The Sixth Amendment guarantees the accused of seven specific
rights:
 The right to a speedy trial
 The right to a public trial
 The right to be judged by an impartial jury
 The right to be notified of the nature and circumstances of the alleged
crime
 The right to confront witnesses who will testify against the accused
 The right to find witnesses who will speak in favor of the accused
 The right to have a lawyer

39. Amendment VI (1791)
 The Speedy Trial clause guarantees that you must be tried
quickly and not left to sit in jail for a long period of time before
trial.
 The Public Trial clause guarantees that trials must be
concluded in public in order to prevent false charges or other
underhandedness by court officials.
 The Trial by Jury clause guarantees the accused that a jury of
his/her peers will decide his/her fate, rather than court officials
who might be corrupt.
 The Arraignment clause guarantees that you must be informed
of the charges against you.

41. Amendment VI (1791)
 The Confrontation clause guarantees you the right to confront
and challenge any witnesses testifying against you.
 The Compulsory clause guarantees the right to call witnesses
to testify on your behalf and have the government force them to
testify even if they do not wish to.
 The Consul clause guarantees you the right to have an
attorney assist you if you are charged with a crime.

42. Amendment VII (1791)
 “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.”

43. Amendment VII (1791)
 The Seventh Amendment is the only amendment in the Bill of
Rights that focuses on elements of civil trials exclusively.
 It preserves the distinction the English system draws between courts of
common law (in which juries grant monetary relief) and courts of equity
(in which a judge grants non-monetary relief).
 The Seventh Amendment guarantees the right to trial by jury in
civil cases.
 In such cases, a group of the accused’s own peers make the
determination of guilt or innocence, rather than one individual
in the employment of the government.
 The accused’s neighbors and peers are likely to have similar interests and
beliefs as the accused person.

44. Amendment VII (1791)
 The colonists had gone through a period of being denied the
right to trial by jury under the British Crown.
 Due to high taxation and trade laws, colonists were heavily
engaged in smuggling.
 Officials began to try and convict more and more colonists for their
smuggling operations, but colonial juries frequently acquitted the accused
smugglers, even if they had blatantly violated the law.
 George III, in turn, set up new courts without juries, so they
could not undermine the convictions.
 This gave an enormous amount of power to judges who often had
personal motives to convict the accused.

45. Amendment VIII (1791)
 “Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.”

46. Amendment VIII (1791)
 The Eighth Amendment offers protections that come directly
from the English Bill of Rights.
 The amendment asserts three protective rights to all Americans:
 the Excessive Bail clause
 the Excessive Fines clause
 the Cruel and Unusual Punishment clause

47. Amendment VIII (1791)
 Bail is paid by an accused defendant in order to get out of
incarceration before the date of his/her trial.
 If the defendant shows up for their trial, the bail money is returned to
them, but if they fail to show up for their trial then they forfeit the
money.
 The Excessive Bail clause states must be set sufficiently high
that the accused person has an incentive to show up for their
trial so they do not lose their money, but it cannot be set so high
that it is an unreasonable amount.
 This was important to the Founding Fathers due to instances
when judges required such high bail that there was no way the
accused could pay.
 Judges often did this to punish people with different political beliefs.

48. Amendment VIII (1791)
 The Excessive Fines clause states that the Courts will not
allow fines that are grossly disproportional to the seriousness of
the offense.
 This is one of the least used provisions of the Bill of Rights.
 The Cruel and Unusual Punishment clause states that
punishments must be in proportionality to the crime committed.
 In general, a punishment is considered to be cruel and unusual if the
majority of the public would deem it to be so, but if the majority of
the public approves of a certain type of punishment, it is usually
allowed.

50. Amendment VIII (1791)
 Great Britain had a long and terrible history of cruel and
unusual punishments inflicted on convicted criminals.
 Examples include burning at the stake, draw and quartering,
crucifixion, castration, and the breaking wheel.
 America’s Founding Fathers wanted to make sure that no such
punishments were inflicted in the United States.
 Over time, however, the Supreme Court’s definition of “cruel
and unusual” has changed.
 In the original thirteen colonies, the death penalty was permitted for
crimes other than murder, whereas today it is only permitted for treason
and murder.
 Additionally, it is not allowed if the accused is younger than eighteen or
mentally incompetent at the time of the crime.

51. Amendment VIII (1791)
 States with Capital Punishment:
 Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida,
Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi,
Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina,
Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota,
Tennessee, Texas, Utah, Virginia, Washington, Wyoming
 United States government and military
 States without Capital Punishment:
 Alaska, Connecticut, Hawaii, Illinois, Iowa, Maine, Maryland,
Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New
York, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin
 District of Columbia

52. Amendment VIII (1791)
 All thirty-two states have lethal injection as their primary
method of execution; yet, numerous states have other method
which the accused can consider.
 Eight states’ secondary method is electrocution:
 Alabama, Arkansas, Florida, Kentucky, Oklahoma, South Carolina,
Tennessee, Virginia
 Three states’ secondary method is the gas chamber:
 Arizona, Missouri, Wyoming
 Three states’ secondary method is hanging:
 Delaware, New Hampshire, Washington
 Two states’ secondary method is a firing squad:
 Oklahoma, Utah

54. Amendment IX (1791)
 “The enumeration in the Constitution, of certain rights, shall
not be construed to deny or disparage others retained by the
people.”

55. Amendment IX (1791)
 The Ninth Amendment is one of the least referred to
amendments in the Bill of Rights and yet it is probably one of
the most important and controversial.
 In plain language, the amendment means that although the
Constitution lists certain rights of the people that may not be
violated by the government, there are other rights of the people
that are not listed, that the government may not violate either.
 The Founding Fathers believed that man inherently has natural rights by
virtue of his being human and that the government should not violate
those rights.
 They also thought it was impossible for them to list all such rights.

56. Amendment IX (1791)
 The problem is that the modern Supreme Court has taken it
upon itself to determine what those extra, unlisted rights are.
 The states and the people have not challenged the Court in this endeavor.

57. Amendment X (1791)
 “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.”

59. Amendment X (1791)
 The Tenth Amendment reserves any rights not granted to the
federal government in the Constitution to the states.
 The Founding Fathers were extremely concerned that the government not
be too powerful – after all, they had just fought a war to rid themselves of
a tyrannical government.
 The amendment states that any powers not specifically given to
the federal government were reserved to the states.
 In recent years, through a set of gradual changes, the right of
the states has been largely abandoned.
 The Supreme Court and Congress have taken the initiative to legislate in
many areas that were once reserved to the states.
 This transition began with Franklin Delano Roosevelt and his New Deal
programs.