Protections of Individual Freedoms    Protection Against the Abuse of Power Protections of the AccusedExamples

Are there other rights that you wish would have been included in the Bill of Rights?  What are they?

What rights are protected under the Bill of Rights?

Protections of Individual Freedoms

1st Amendment    

1st Amendment:Freedom of Religion

 "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

1st Amendment:Freedom of Religion

 Also establishes separation of church and state • Governments may not favor any religion or

establish an official religion.  

1st Amendment:                 Freedom of Speech"...or abridging the freedom of speech..."

1st Amendment:                 Freedom of SpeechEvery American has the right to speak and write freely  

o Includes ideas that you agree with as well as ideas you disagree with

 

     

Exceptions    Not free to slander (spoken) or tell lies intended to damage another person's reputation.     

"FIRE!" 

1st Amendment:                 Freedom of Press

Exceptions    Not free to libel or print lies about a person that may

damage reputation.    

May criticize government without fear of being arrested.

Zenger Case

1st Amendment:                 Freedom of Assembly Every American has the right to assemble, or get together.

1st Amendment:                 Freedom of Petition Right to ask the government representative to change a law, to make a new law, or in other ways to solves problems that arise. 

Protections Against the Abuse of Power

2nd Amendment:                     Right to Bear Arms 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.

3rd Amendment:                      Quartering TroopsNo 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.

3rd Amendment:                      Quartering Troops

The Quartering Act of 1765

4th Amendment:                      Search and Seizure

4th Amendment:                      Search and Seizure

 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.

4th Amendment:                      Search and Seizure

 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.

5th Amendment:                 Protecting Property Rights

"...nor shall private property be taken for public use, without just compensation."

Eminent Domain: the power to take private property for payment  for public use. 

Protections of the Accused

5th Amendment: Grand Jury "No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury..."

5th Amendment:                     Double Jeopardy

"...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb..."

Double Jeopardy: being placed on trial twice for the same crime.

5th Amendment:             Right to Remain Silent

 

"...nor shall be compelled in any criminal case to be a witness against himself..." 

5th Amendment:             Right to Remain Silent

Miranda Warning  

"You have the right to remain silent. Anything you say or do can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?"

• 1966 US Supreme Court Case Miranda v. Arizona

5th Amendment:             Due Process of the Law "nor be deprived of life, liberty, or property, without due process of law..." 

Due Process of the Law: entitles accused citizens the right to be treated fairly according to the rules established by the law.

6th Amendment: Right to a Trial              In all criminal prosecutions, the accused shall enjoy the

right to  1. a speedy and public trial, by an impartial jury 2. informed of the nature and cause of the accusation;  3. to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor,  4. and to have the Assistance of Counsel for his defense. 

7th Amendment:     Right to Trial in Civil Cases             • Not a criminal matter, but when one person sues

another person. • Permits jury trials in cases where there are conflicts

over property or money (more than 20 dollars)

8th Amendment:      Bails, Fines, and Punishment             Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9th Amendment:          Citizen's Rights not Listed             The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

right to an education

right to eat

right to choose where we work

10th Amendment:          Powers Reserved to the States             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.

   Has a Right Been Violated?

You have been accused of robbing a bank. You go through a trial and are found not guilty. Five years later, with new technology, there is new evidence against you. You are notified that next week a new trial will be held against you for the bank robbery.

Violation of Amendment 5, Double Jeopardy