Amendments Bill of Rights
Jan 21, 2016
Amendments Bill of Rights
Amendment 1-The 5 Freedoms Speech- You can say
what you believe, excludes public “hate speech”.
Press- You can write your opinion about the gov’t. “Slander and Libel” have been limited.
5 Freedoms cont. Assembly- Gather in a group
peacefully. Protests and violence can be broken up.
Tea parties are examples of law-abiding peaceful assemblies.
Petition- Write a protest to the gov’t.
Religion- Gov’t cannot promote nor restrain practice of religion.
(This is where the “Under God” part of the Pledge, and 10 commandments being removed from courts have been applied)
2nd- Right to bear arms
Citizens may maintain an armed militia. (nat’l guard)
This has been upheld to mean people can carry weapons for over 200 years.
Some places have challenged this ruling where crime rates are higher-Chicago, NY, Wash DC.
3-No quartering of troops
Ended the practice of British troops staying in colonists homes during the revolution.
No military use of civilian homes without permission or war-time conditions!
4. Search and Seizures
No “unreasonable” search and seizures.
How does this rule apply to students in school? (Parking lot, locker, purse or bag)
Who decides what is “unreasonable”?
Friends in a car scenario- Who gets arrested?
5. Due Process
Holding someone w/out charges is illegal.
No Double Jeopardy. Due Process must
take place to obtain private property, administer death penalty, or give jail time.
6. Rights of the Accused
Speedy trial, be informed of charges, confront witnesses, and have a lawyer.
Miranda Rights. Protects everyone
no matter what their income level or status in society.
7. Jury Trial
Right to a Jury Trial in Civil Cases.
This is usually found in criminal cases where the defendant can serve prison time or get the death penalty.
Civil Cases are usually disputes between parties, like divorces, business breakups, or suing for damages.
8. No Excessive Bails
Excessive bails are determined by the courts.
Can be situational based on the severity of the crime.
E.g. Murder vs. Theft
9. Rights of the People
Rights not mentioned are reserved for the people.
10. States Rights
State powers are acknowledged and protected by the Constitution.