Bill of Rights_ by yurtgc548

VIEWS: 5 PAGES: 54

									Part I, The Bill of Rights,
     What are the freedoms listed in the First
    Amendment to the Constitution of the United
             States of America?


           First Amendment freedoms

A• Religion

   – Government may not establish an official
    religion, nor endorse, or unduly interfere
    with the free exercise of religion.
Freedom of Religion
B)• Speech
 – Individuals are free to express their
  opinions and beliefs.

C) Press
 – The press is free to gather and publish

  information, including that which criticizes
  the government.
D)• Assembly
 – Individuals may peacefully gather.



E)• Petition

   – Individuals have the freedom to
    make their views known to public
    officials.
              2 nd   Amendment
           Right to Bear or Keep Arms



-Each state has the right maintain a militia, an
  armed force for its own protection-today
  The National Guard. The National gov’t
  and the States can and do regulate the
  private posessoin of fire arms.
Right to Bear Arms
               3 rd   Amendment
              Quartering of Troops

   To prevent what had been common
    British practice in the colonial period.
    No importance today
Quartering of Troops
    4TH Amendment – Search and
             Seizure
-
 Police officers have no general right to search
  for or seize evidence or seize (arrest)
  persons. Except in particular circumstances,
  they must have a proper warrant (a court
  order) obtained with probable cause (on
  reasonable grounds). Reinforced by the
  exclusionary rule. Evidenced gained by
  illegal search and seizure is not allowed in
  the court of law.
                5th Amendment
      (Criminal Proceedings; Due Process;
              Eminent Domain)
   A person can be tried for a serious federal crime
    only if he or she has been indicted (Charged, of that
    crime) by a grand jury. No one may be subjected to
    double jeopardy –that is, tried twice for the same
    crime. All persons are protected against self-
    incrimination; no person can be legally compelled to
    answer any question in any governmental
    proceeding if that answer could lead to that person’s
    prosecution. Due Process Clause prohibits unfair,
    actions by the Federal Gov’t.
                6th Amendment
            (Criminal Proceedings)
   A person accused of crime has the right to be tried
    in court without undue delay and by an impartial
    jury. The defendant must be informed of the charge
    upon which he or she is to be tried, has the right to
    cross-examine hostile witnesses, and has the right
    to require the testimony favorable witnesses. The
    defendant also has the right to an attorney.

   Ex. Miranda Rule
            Miranda Warning
   “You have the right to remain silent.
    Anything you say can and will be used
    against you in a court of law. You have the
    right to have an attorney present during
    questioning. If you cannot afford an
    attorney, one will be appointed for you. Do
    you understand these rights?
                 7th Amendment
                  (Civil Trials)
   This amendment applies only to civil cases
    heard in federal courts. A civil case does not
    involve criminal matters, it is a dispute
    between private parties or between the
    government a private party. The right to trial
    by jury is guaranteed in any civil case in a
    federal court if the amount of money involved
    in that case exceeds $20 (most cases involved
    a much larger sum) that may be waived
    (relinquished) if both parties agree to a bench
    trial.
                8th Amendment
           ( Punishment for Crimes)

   Bail is the sum of money that a person accused
    of a crime may be required to post, as a
    guarantee that he or she will appear in court at
    the proper time. The amount of bail required
    must bear a reasonable relationship to the
    seriousness of a crime.

   - Also protects against “Cruel and Unusual
    Punishment”
              9th Amendment
          ( Unenumerated Rights)

   The fact that the Constitution sets out many
    civil right guarantees, expressly provides for
    many protections against government, does
    not mean that there are not other rights also
    held by the people.
           10th Amendment
     (Powers Reserved to the States)
   This amendment identifies the area of
    power that may be exercised by the states.
    All of those powers the Constitution does
    not grant for the National Government, and
    at the same time does not forbid to the
    States, belong to each of the States, or to the
    people of each State.
                Rights of the accused
         The Bill of Rights protects citizens from

   • Unreasonable search and seizures

   • Double jeopardy

   • Self-incrimination

   • Cruel and unusual punishment

                        Quiz
   1. Describe 5 First Amendments freedoms.

   2. Describe the 2nd Amendment.

   3. What is the state’s militia referred to as?

   4. What is the 3rd Amendment?
   5. Why does the 3rd Amendment no longer
    have any importance in today’s society?

   6. The 7th Amendment Amendment
    guarantees people the right to a __________
    case to be heard, or cases that do not involve
    criminal matters.

   7. This amendment calls for citizens to have
    “Due Process” through the law.
   8. The 5th amendment protects people from
    being convicted of the same crime twice or
    also know as ___________ _________.

   9. Which amendment ensures the right for
    citizens to have proper criminal proceedings
    if need be.

   10. 4th amendment prevents illegal ________
    and ___________.
   11. Which amendment prevents people from
    enduring unfair punishment for crimes?

   12. This amendment calls for reserve
    powers for the states.

   13. This amendment calls for people to have
    unenumerated rights.
                     Match the following
   14. 1st Amend.       A) Right to Bear Arms
   15. 2nd Amend.       B) Illegal Search and Seizure
   16. 3rd Amend.       C) Criminal Proceedings
   17. 4th Amend.       D) Civil Trials
   18. 5th Amend.       E) Fair Punishment for Crimes
   19. 6th Amend.       F) Reserve power for states
   20. 7th Amend.       G) Freedom of religion, speech
                          Press
   21. 8th Amend.       H) Quartering of Troops
   22. 9th Amend.       I) Unenumerated Rights
   23. 10th Amend.      J) Double Jeopardy,
                         Eminent Domain
        Part II. Amendments 11-27
             11th Amendment
           Suits Against States
   No State may be sued in a federal court by a
    resident of another state or foreign country,
    the Supreme Court ahs long held that this
    provision also means that a State cannot be
    sued in a federal court by a foreign country
    or, more importantly, even by one of its own
    residents.
            12th Amendment
     Election of President and Vice
                President
Originally, each elector cast two ballots, each for a
 different person for President. The person with
 the with the largest number of electoral votes,
 provided that number was a majority of the
 electors, was to become President. The
 arrangement produced a tie between Jefferson
 and and Aaron Burr in 1800. Therefore, they
 switched it to one elector vote for President
 another for Vice-President.
             13th Amendment
    Slavery and Involuntary Servitude
   Forbids slavery in the United States and in
    any area under its control. It also forbids
    other forms of forced labor, except
    punishments for crime, but some forms of
    compulsory service are not prohibited-for
    example, service on juries or in the armed
    forces.
              14th Amendment
              Rights of Citizens
   Defines Citizenship. Provides U.S.
    citizenship by birth or naturalization. At
    birth is determined according to the
    principle of jus soil- “ The law of the soil,”
    where born; naturalization is the legal
    process by which one acquires a new
    citizenship at some time after birth. Under
    certain circumstances, citizenship can slso
    be gained at birth abroad, according to the
    principle of jus sanguinis- “law of the
    blood”, to whom born.
      14th Amendment continued
   Amendment also contains two major civil
    rights provisions: the Due Process Clause
    forbids a State to act in any unfair or
    arbitrary way; the Equal Protection Clause
    forbids a State to discriminate against
    people.
     15th Amendment, Right to Vote-
          Race, Color, Servitude
   The phrase, “ previous condition of
    servitude” refers to slavery. Note that this
    amendment does not guarantee the right to
    vote to African Americans, or to anyone
    else. Instead, it forbids the States from
    discriminating against any person on the
    grounds of his “race, color, or previous
    condition of servitude”
     16th Amendment Income Tax
   Gives Congress the power to levy an income
    tax, without regard to the populations of
    any of the States.
             17th Amendment
        Popular Election of Senators
   Senators are now elected by the voters in
    each State. If a vacancy occurs, the governor
    of the State involved must call an election to
    fill the seat, the governor may appoint a
    senator to serve until the nest election. If the
    State’s legislature has authorized that step.
             18th Amendment
    Prohibition of Intoxicating Liquors
   Ratified January 1919. Outlawed the
    making, selling, transporting, importing, or
    exporting of alcoholic beverages in the the
    United States. It was repealed in its entirely
    by the 21st Amendment in 1933.
Prohibition
Prohibition (Temperance
      Movement)
            19th Amendment
         Equal Suffrage - Gender
   No person can be denied the right to vote in
    any election in the United States on account
    of his or her sex.
Biased against Women’s Suffrage
              20th Amendment
    Commencement of Terms; Sessions of
    Congress; Death or Disqualification of
               President-Elect
   Date on which the President and Vice
    President now take office was moved from
    March 4 to January 20. Similarly, the
    members of Congress now begin their terms
    on January 3. The 20th Amendment is
    sometimes called the “Lame Duck
    Amendment” because it shortened the
    period of time a member of Congress who
    was defeated reelection remains in office
Harrison’s Inaugural Address
                  11-20 Quiz
   1. Which amendment delegates how the
    electors vote for President and Vice-President?

   2. Which amendment guards states against
    suits?

   3. Which amendment gives women the right to
    vote?
   4. Amendment that enacted prohibition?

   5. Amendment that moved the
    inauguration date from March to January
    20?

   6. Amendment that allowed states to enact
    Income taxes?

   7. This amendment made it illegal to keep
    someone from voting based upon their race?
   8. This amendment outlawed slavery?

   9. This amendment defined citizenship.

   10. Name the three Civil War/Reconstruction
    Amendments.
            21st Amendment
        Repeal of 18th Amendment
   Gives each state the power to regulate the
    transportation or importation and the
    distribution or use of intoxicating liquors in
    ways that would be unconstitutional in the
    case of any other commodity. The 21st
    Amendment is the only amendment
    Congress has thus far submitted to the
    States for ratification by conventions.
               22nd Amendment
              Presidential Tenure
   Proposed by Congress in 1947. This
    Amendment stipulated that no President may
    serve more than two elected terms. But a
    President who has succeeded to office beyond
    the midpoint in a term to which another
    President was originally elected may serve for
    more than eight years. In any case, however, a
    President may not serve more than 10 years.
    Prior to FDR, who elected to four terms, no
    President had served more than two fulll terms
    in office.
         23rd Amendment
Presidential Electors for the District
            of Columbia
   It included the voters of the District of
    Columbia in the presidential electorate, and
    provides that the District is to have the same
    number of electors as the least populous State-
    (3 Electors)- but no more than that number.
            24th Amendment
   Right to Vote in Federal Elections
-Amendment outlawed the payment of any tax
  as a condition for taking part in the
  nomination or election of any federal
  officeholder.
Poll Tax
             25th Amendment
Presidential Succession, Vice Presidential
     Vacancy, Presidential Inability
   Wrote into the constitution the precedent
    set by Vice President John Tyler, who
    became President on the death of William
    Henry Harrison in 1841.
             26th Amendment
            Right To Vote-(Age)
   Provides that the minimum age for voting in
    any election in the United States cannot be
    more than 18 years.
               27th Amendment
              Congressional Pay
   Limits Congress’s power to fix the salaries
    of its members- by delaying the effectiveness
    of any increase in that pay until after the
    next regular congressional election.
      Amendments 20-27 Exit Quiz
   1. The 20th Amendment is also referred to as
    the “__________-_______”amendment,
    because this is what a president is referred to
    as when they are about to exit office.

   2. What date did the 20th Amendment move
    the inauguration date to?

   3. The 21st amendment repealed what
    amendment?
   4. What did the 21st Amendment
    accomplish?

   5. Which amendment established electoral
    votes for the District of Columbia?

   6. Which amendment established how many
    terms a President may serve?

   7. That Amendment stated a President may
    serve a maximum of how many years?
   8. What amendment requires that the voting
    age be 18?

   9. Which amendment illegalizes the use of a
    tax as a requirement for voting?

   10. Which amendment established who
    succeeds the President if he is unable to
    continue as President?

								
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