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4.1-The-Bill-of-Rights

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					 The
Bill of
Rights

   Chapter 4.1
Bill of Rights
• The first ten Amendments to the Constitution

• The people wanted a list of individual rights
   – To make sure the federal government would not get
     too powerful

• James Madison proposed

• Many states would not ratify the Constitution
  unless a Bill of Rights was added
1st Amendment

• Freedoms are based on what is good for
  all…….can’t be harmful to others

• Freedom of Religion
  – Practice any (or no) religion that you want
  – No National Religion
     • Separation of Church and State (government)
     • England…
• Freedom of Speech
  – Express ideas through speech
  – Can’t use to “injure” others
     • Slander – false statements
     • Yelling “Fire” – cause a panic….injury


• Freedom of the Press
  – Express ideas through writing
  – Had to fight to publish the truth
     • Especially about government
  – Libel
     • if you write false statements that ruin another’s reputation
  – Includes newspapers, tv, radio, internet (?)
• Freedom of Assembly
  – Freedom to hold meetings
  – Must be peaceful meetings


• Freedom of Petition
  – Petition or ask the government to
    • Do something
       – Pass laws that favor you
    • Stop doing something
       – Change laws you do not like
2nd Amendment

• The right to bear arms
  – Have weapons
  – Needed them during the American
    Revolution


• What about crime?
• What about gun control?
3rd Amendment

• Can not be forced to quarter soldiers in
  peacetime
  – (remember the Quartering Act)
4th Amendment

• Protected from unreasonable
  searches & seizures
  – A person or property can not be searched
  – Property can not be taken by government

  – Unless you have a search warrant
    • Legal document explaining where something can
      be searched or seized
    • Warrant issued only if the judge believes that
      evidence to a crime will be found there
5th Amendment
•       Protects persons accused of a crime

1. Must be indicted
    •     Formally accused of a crime
    •     By a grand jury
         •   Who decides if there is enough evidence to go to
             trial


2. Protected from self-incrimination
    •     Do not have to testify against yourself
3. Double Jeopardy
  •   Cannot be tried twice for the same crime


4. Due Process of Law
  •   Cannot take a person’s
      •   Life
      •   Liberty
      •   Pursuit of Happiness
  •   Until they are given a fair trial
5. Right to own Private Property
  •   Government cannot take private property
      •   Without paying a fair price for it


  •   Eminent Domain
      •   Government’s right to take private land for public
          use
          •   For the public good
          •   Pay a fair price
6th & 7th Amendments
• 6th Amendment
  – Right to a speedy & public trial by jury
     • Can refuse a jury trial
     • Can question witnesses
     • With the help of a lawyer (provided for you if you
       cannot pay)

• 7th Amendment
  – Right to a trial by jury
     • In certain cases involving conflicts over money or
       property
8th Amendment

• Court cannot set a bail that is excessive
  – Too high
     • Bail – money or property that a person accused of a crime
       gives the court
         – To guarantee they will appear for court
         – Returned after the trial


• Protect from cruel & unusual punishment
  – Debate what is cruel & unusual….
9th Amendment

• The people may enjoy other rights not
  mentioned in the Constitution
  – Live or travel where you want
  – Choose your job
  – Marry & raise a family
  – Free education in public school
  – Join political parties, unions, etc.
10th Amendment

• Deals with reserved powers
  – Any power not given specifically to the
    federal government
  – Any power not forbidden to the states
  – Are reserved for the states or the people


• Gives the states the right to act to
  guarantee the rights of the people

				
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