american government & politics pol 105 erik rankin pgs. 56-85 bor
TRANSCRIPT
The Bill of Rights – 1st Amendment• Establishment Clause
– No national religion– Were the framers against religion?
• Free Exercise Clause– Can you practice anything?– What if it hurts people?– What if it breaks laws?– Examples in book 1-7
• Freedom of Speech– Unlimited?– Criticism of public officials?– Malice in speech or writing– Clear and Present Danger
The Bill of Rights – 1st Amendment
• Freedom of Press– Libel – Do they have to turn over info if a
crime was committed?– Books, papers– Obscene speech protected?
• Freedom to Peaceably Assemble– When is it not allowed?– Examples
The Bill of Rights – 2nd Amendment
• Guns for everyone?– Let’s get strapped!!!!!!!!!!!!!!!!
• State issue• Original purpose
The Bill of Rights – 4thAmendment
• Protection against unreasonable searches, and seizures– Personal privacy
• Warrants for probable cause• Warrants must be specific as to what is to
be searched• Felonies do not require a warrant if there
is no time to get one• Police cannot use deadly force unless the
threat is serious• Person may be searched after arrested –
reasonable searches, not stomach pumping for drugs– Still have to have a warrant for their home to
be searched• Fingerprinting?
The Bill of Rights – 4thAmendment
• When may a vehicle be searched?– If the searchers believe it may contain
evidence of a crime
• Must have a warrant for all searches except- cars and arrested people
• What if evidence is collected unconstitutionally?– Teacher searches?– Can they force you to undergo surgery?– Consensual entrance with evidence in
plain view?– Warrants for outside a building or
private yard?
The Bill of Rights – 5thAmendment
• Right to indictment by a federal Grand Jury in federal criminal cases
• Prohibits Double Jeopardy (yes, Ashley Judd is attractive but no this is not the same!)
• Protects against self incrimination
• Guarantees Due Process– 2 types Substantive & Procedural
• Payment for property taken under eminent domain
The Bill of Rights – 6th Amendment
• Speedy and Public Trial– What is meant by speedy?– Applicable to states via 14th
– Federal Speedy Trial Act – 30 days– Why public?
• Impartial Jury– What’s this mean?– Usually 12 person juries– Usually juries are used in all states if
the penalty is prison over 6 months• Informed of the nature and cause of
accusation• Assistance of Counsel – Gideon
(felonies)
The Bill of Rights – 7th Amendment
• Right to jury trial in federal court
• States do not have to have jury trials in civil cases
• Common Law- decrees and decisions of the British Courts
• Still the theoretical basis of our law– Unless replaced by legislation or
statute
The Bill of Rights – 8th Amendment• No excessive bail• Time period between arrest and trial• Why bail? And how severe?• Cruel and Unusual Punishment
– No barbaric or inhumane treatment– Jail does not need to be comfortable but
there is a line– Second hand smoke? No gloves?– Chain gangs?– Medical treatment?– Death Penalty?
• We are virtually alone in the practice• Humane? Firing Squad, Gas, Elect., injection• Life must be taken to receive, Insanity?• http://www.deathpenaltyinfo.org/state/
The Bill of Rights – 9th Amendment• Nature of man, rights simply because you
are human• Designed to protect the minority from the
will of the majority• Has been used as a justification for privacy
since 1965 Griswold v. Connecticut– Married couple in Conn. Had the right to privacy
against a law that forbid contraception
• Also used to strike down laws against interracial marriages
• Right to an abortion as privacy (Roe)• Husband’s rights via states (uncons.)• Gay rights & privacy?• http://www.christianmusictv.com/
__title__cmtv_homosexual_watch___title_.htm
The Bill of Rights – 10th Amendment• No added or subtracted power
to the US Constitution• Cornerstone of states rights
– To the people means, “we the people”
• Education is wholly the ward of the state
The Bill of Rights – 11th Amendment• You may not sue a state in
federal court without its consent
• Only involves individuals suing, not states
• States may sue one another or the federal government may sue a state
• 1789
The Bill of Rights – 12th Amendment• Supersedes Article II Section 1,
Clause 3• In a presidential election you
actually vote for electors and not for the candidates, they in turn go and vote for your intended candidate
• Each state has the same number of electors as the sum of its reps. And senators
• After the election the electors with the majority of the state popular vote are entitled to cast all of the state’s electoral votes (Winner take all)