AMENDMENTS The Bill of Rights. THE BILL OF RIGHTS First 10 amendmentFirst 10 amendment Added to Constitution in 1791Added to Constitution in 1791.

AMENDMENTSAMENDMENTS

The Bill of RightsThe Bill of Rights

THE BILL OF RIGHTSTHE BILL OF RIGHTS•First 10 amendmentFirst 10 amendment•Added to Constitution in Added to Constitution in 17911791

11stst AMENDMENT AMENDMENTFREEDOM OF RELIGION, FREEDOM OF RELIGION,

SPEECH, PRESS, ASSEMBLY, & SPEECH, PRESS, ASSEMBLY, & PETITIONPETITION

RELIGION:RELIGION:•RIGHT TO RIGHT TO

WORSHIP AS WORSHIP AS ONE PLEASES ONE PLEASES OR TO HAVE OR TO HAVE NO RELIGIONNO RELIGION

•SEPARATION OF CHURCH & SEPARATION OF CHURCH & STATE: STATE:

---GOV’T WILL NOT FAVOR ---GOV’T WILL NOT FAVOR ONE RELIGION OVER ONE RELIGION OVER ANOTHERANOTHER

---NO OFFICIAL STATE ---NO OFFICIAL STATE RELIGIONRELIGION

•ESTABLISHMENT CLAUSEESTABLISHMENT CLAUSE

---GOVERNMENT CANNOT ---GOVERNMENT CANNOT MAKE A LAW MAKE A LAW “ESTABLISHING” A STATE “ESTABLISHING” A STATE RELIGIONRELIGION

•FREE EXERCISE CLAUSEFREE EXERCISE CLAUSE

---GOV’T CANNOT MAKE A ---GOV’T CANNOT MAKE A LAW PROHIBITING “FREE LAW PROHIBITING “FREE EXERCISE” – RIGHT TO EXERCISE” – RIGHT TO WORSHIP AS ONE PLEASESWORSHIP AS ONE PLEASES

SPEECH AND PRESSSPEECH AND PRESS

PEOPLE HAVE THE RIGHT TO PEOPLE HAVE THE RIGHT TO FREELY EXPRESS THEIR FREELY EXPRESS THEIR OPINIONS – VERBALLY & OPINIONS – VERBALLY &

WRITTENWRITTEN

FREEDOM FROM FREEDOM FROM PRIOR PRIOR RESTRAINTRESTRAINT

•GOVERNMENT CANNOT GOVERNMENT CANNOT CENSOR AMERICAN PRESS CENSOR AMERICAN PRESS FROM PRINTING INFORMATION FROM PRINTING INFORMATION BEFOREBEFORE IT IS PUBLISHED OR IT IS PUBLISHED OR BROADCASTBROADCAST

•EXCEPTION---NATIONAL EXCEPTION---NATIONAL SECURITYSECURITY

NATIONAL NATIONAL SECURITYSECURITY!!

SLANDERSLANDER•FALSE SPEECH INTENDED FALSE SPEECH INTENDED TO DAMAGE A PERSON’S TO DAMAGE A PERSON’S REPUTATIONREPUTATION

LIBELLIBEL•FALSE FALSE WRITTENWRITTEN OR OR PUBLISHED PUBLISHED STATEMENTS STATEMENTS INTENDED INTENDED TO DAMAGE TO DAMAGE A PERSON’S A PERSON’S REPUTATIONREPUTATION

YOU ARE NOT PROTECTED YOU ARE NOT PROTECTED WHEN YOU ENDANGER WHEN YOU ENDANGER OUR NATION’S SAFETY OUR NATION’S SAFETY BY GIVING AWAY BY GIVING AWAY MILITARY SECRETS OR MILITARY SECRETS OR CALL FOR THE VIOLENT CALL FOR THE VIOLENT OVERTHROW OF THE OVERTHROW OF THE GOVERNMENTGOVERNMENT

FREEDOM OF ASSEMBLYFREEDOM OF ASSEMBLY

PEOPLE MAY ASSEMBLE PEOPLE MAY ASSEMBLE PEACEFULLY & IN PEACEFULLY & IN

ACCORDANCE TO THE LAWACCORDANCE TO THE LAW

FREEDOM OF PETITIONFREEDOM OF PETITION

RIGHT TO SIGN RIGHT TO SIGN PETITIONS IN PETITIONS IN

SUPPORT OF AN SUPPORT OF AN IDEA, PRESENT IDEA, PRESENT PETITIONS TO PETITIONS TO

GOV’T GOV’T OFFICIALS, & OFFICIALS, &

SEND LETTERS SEND LETTERS TO THOSE TO THOSE OFFICIALSOFFICIALS

22NDND AMENDMENT AMENDMENT

RIGHT TO KEEP RIGHT TO KEEP AND BEAR AND BEAR

ARMSARMS

BRADY BILLBRADY BILLPROVIDES A PROVIDES A WAITING WAITING PERIOD & AN PERIOD & AN INSTANT INSTANT BACKGROUND BACKGROUND CHECK CHECK BEFORE BEFORE PURCHASE OF PURCHASE OF HANGGUNHANGGUN

33RDRD AMENDMENT AMENDMENTPROHIBITS THE GOV’T PROHIBITS THE GOV’T

FROM FORCING CITIZENS FROM FORCING CITIZENS TO ‘QUARTER” OR HOUSE TO ‘QUARTER” OR HOUSE

SOLDIERSSOLDIERS

44THTH AMENDMENT AMENDMENTPROTECTS RIGHT TO PROTECTS RIGHT TO

PRIVACYPRIVACYPROBABLE CAUSE – PROBABLE CAUSE – REASONABLE SUSPICIONREASONABLE SUSPICION

•POLICE MUST HAVE A POLICE MUST HAVE A REASONABLE BASIS TO REASONABLE BASIS TO BELIEVE THE PERSON OR BELIEVE THE PERSON OR PREMISES IS LINKED TO A PREMISES IS LINKED TO A CRIMECRIME

SEARCH/ARREST WARRANTSEARCH/ARREST WARRANTORDERS SIGNED BY A JUDGE ORDERS SIGNED BY A JUDGE •DESCRIBING A SPECIFIC DESCRIBING A SPECIFIC PLACE TO BE SEARCHED PLACE TO BE SEARCHED FOR SPECIFICFOR SPECIFIC ITEMS ORITEMS OR

• NAMING THE INDIVIDUAL NAMING THE INDIVIDUAL TO BE ARRESTED FOR A TO BE ARRESTED FOR A SPECIFIC CRIMESPECIFIC CRIME

EXCLUSIONARY RULEEXCLUSIONARY RULE•EVIDENCE GAINED EVIDENCE GAINED ILLEGALLY CANNOT BE ILLEGALLY CANNOT BE USEDUSED

55THTH AMENDMENT AMENDMENTPROTECTS PEOPLE PROTECTS PEOPLE ACCUSED OF CRIMES AND ACCUSED OF CRIMES AND DEFINES THE RIGHT OF DEFINES THE RIGHT OF EMINENT DOMAINEMINENT DOMAIN

DUE PROCESSDUE PROCESSEVERYONE TREATED FAIRLY EVERYONE TREATED FAIRLY

ACCORDING TO THE LAW – ACCORDING TO THE LAW – GOV’T MUST FOLLOW GOV’T MUST FOLLOW PROPER PROCEDURESPROPER PROCEDURES

HABEAS CORPUSHABEAS CORPUS•COURT ORDER TO BRING COURT ORDER TO BRING PRISONER BEFORE THE PRISONER BEFORE THE COURT & DETAINING COURT & DETAINING OFFICER MUST SHOW OFFICER MUST SHOW CAUSE FOR WHY PRISONER CAUSE FOR WHY PRISONER SHOULD NOT BE RELEASEDSHOULD NOT BE RELEASED

•CANNOT HOLD OVER 24 CANNOT HOLD OVER 24 HOURS WITHOUT THIS.HOURS WITHOUT THIS.

EX POST FACTOEX POST FACTO•““AFTER THE FACT” – AFTER THE FACT” – CANNOT CHARGE A CANNOT CHARGE A PERSON FOR AN ACT PERSON FOR AN ACT THAT WAS DONE THAT WAS DONE BEFORE THE ACT WAS BEFORE THE ACT WAS ACTUALLY A CRIMEACTUALLY A CRIME

SELF - INCRIMINATIONSELF - INCRIMINATION•NO ONE MAY NO ONE MAY BE FORCED BE FORCED TO TESTIFY TO TESTIFY AGAINST AGAINST HIMSELF OR HIMSELF OR HERSELFHERSELF

•PLEAD THE PLEAD THE FIFTHFIFTH

SELF INCRIMINATION ALSO SELF INCRIMINATION ALSO APPLIES TO WHEN A PERSON IS APPLIES TO WHEN A PERSON IS

QUESTIONEDQUESTIONEDMIRANDA RIGHTSMIRANDA RIGHTS•STATEMENT STATEMENT

MUST BE READ MUST BE READ TO ACCUSED TO ACCUSED WHEN WHEN ARRESTEDARRESTED

•““YOU HAVE THE YOU HAVE THE RIGHT TO ….RIGHT TO ….

GRAND JURYGRAND JURYDECIDES WHETHER THERE DECIDES WHETHER THERE

IS ENOUGH EVIDENCE FOR IS ENOUGH EVIDENCE FOR A TRIAL AGAINST THE A TRIAL AGAINST THE ACCUSEDACCUSED

DOUBLE JEOPARDYDOUBLE JEOPARDYPERSON MAY PERSON MAY NOT BE NOT BE TRIED TWICE TRIED TWICE FOR SAME FOR SAME CRIME IF CRIME IF FOUND FOUND INNOCENT INNOCENT THE 1THE 1STST TIME TIME

EXCEPTIONS!!!!EXCEPTIONS!!!!

•CIVIL SUITCIVIL SUIT•FEDERAL & FEDERAL &

STATE CRIMESTATE CRIME

BRIAN BRIAN NICHOLSNICHOLS

EMINENT DOMAINEMINENT DOMAINGOV’T CAN GOV’T CAN TAKE TAKE PRIVATE PRIVATE PROPERTY PROPERTY FOR FOR PUBLIC USE PUBLIC USE BUT MUST BUT MUST PAY A FAIR PAY A FAIR PRICEPRICE

66thth amendment amendmentRIGHTS OF THE ACCUSEDRIGHTS OF THE ACCUSED

PROTECTS THE RIGHTS OF PROTECTS THE RIGHTS OF THE ACCUSED IN A TRIALTHE ACCUSED IN A TRIAL

RIGHT TO:RIGHT TO:•AN AN ATTORNEYATTORNEY•SPEEDY, PUBLICSPEEDY, PUBLIC

TRIALTRIAL IN STATE IN STATE

WHERE CRIME WHERE CRIME

WAS COMMITTEDWAS COMMITTED

•TRIAL BY IMPARTIAL JURYTRIAL BY IMPARTIAL JURY•CONFRONT CONFRONT

HOSTILEHOSTILE

WITNESSESWITNESSES•SUBPOENASUBPOENA

WITNESSES WITNESSES

IN YOUR FAVORIN YOUR FAVOR

CHANGE OF VENUECHANGE OF VENUE

TRIAL MAY BE HELD IN TRIAL MAY BE HELD IN ANOTHER PART OF THE ANOTHER PART OF THE STATE IF DEFENDANT STATE IF DEFENDANT CANNOT GET A FAIR CANNOT GET A FAIR TRIAL IN THE PLACE TRIAL IN THE PLACE WHERE THE CRIME WAS WHERE THE CRIME WAS COMMITTEDCOMMITTED

77THTH AMENDMENT AMENDMENTRIGHT TO FEDERAL RIGHT TO FEDERAL

TRIAL & JURY IN TRIAL & JURY IN CIVILCIVIL CASE (OVER CASE (OVER

$20$20))

CIVIL CASE – DISPUTE CIVIL CASE – DISPUTE BETWEEN PRIVATE BETWEEN PRIVATE PARTIES OR BETWEEN PARTIES OR BETWEEN THE GOV’T & PRIVATE THE GOV’T & PRIVATE PARTIESPARTIES

88THTH AMENDMENTAMENDMENTCRUEL & CRUEL &

UNUSUAL UNUSUAL PUNISHMENT PUNISHMENT

IS NOT IS NOT ALLOWED, ALLOWED,

NOR IS NOR IS EXCESSIVE EXCESSIVE

BAIL OR FINESBAIL OR FINES

BAIL BAIL •SUM OF SUM OF MONEY THAT MONEY THAT ACCUSED ACCUSED POSTS TO BE POSTS TO BE FREE UNTIL FREE UNTIL TRIALTRIAL

•GUARANTEES GUARANTEES APPEARANCEAPPEARANCE

99THTH AMENDMENT AMENDMENTPEOPLE HAVE OTHER PEOPLE HAVE OTHER RIGHTS THAT ARE RIGHTS THAT ARE NOTNOT

LISTEDLISTED IN THE IN THE CONSTITUTIONCONSTITUTION

1010THTH AMENDMENT AMENDMENTPOWERS NOT GIVEN TO POWERS NOT GIVEN TO THE FEDERAL GOV’T IN THE FEDERAL GOV’T IN THE CONSTITUTION & THE CONSTITUTION &

THOSE NOT FORBIDDEN THOSE NOT FORBIDDEN TO THE STATES, BELONG TO THE STATES, BELONG

TO THE STATES TO THE STATES (RESERVED RIGHTS OR (RESERVED RIGHTS OR

POWERS)POWERS)