04 bill of_rightsm

The Bill of Rights

Yesterday, Today and Worldwide

Klan protests civil rights legislation. Everyone’s speech is protected as long as it doesn’t incite violence.

A well regulated militia, being necessary to the security of a free state, the right of people to keep and bear arms, shall not be infringed.

No 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.

• No unreasonable searches and seizures or warrants without probable cause

• Warrant must be supported by oath and particularly describe the persons or things to be seized

• Must be indicted by grand jury before trial except in military

• No double jeopardy• “Plead the 5th” – don’t

have to testify in own case

• Can’t be deprived of life, liberty or property without due process

• Private property cannot be taken for public use without compensation

• In criminal prosecutions, right to speedy and public trial by an impartial jury from the place the crime was committed

• Accused must be informed of nature and cause of accusation and may confront all witnesses

• Right to assistance of counsel for defense

The Stock Solution Photo Network

http://www.tssphoto.com/ops_html/E1453.html

AP Photo/Nick Ut

• Civil cases in excess of $20 also have right to jury trial

• No fact tried by a jury may be reexamined but by the common law (court decisions become law – this is why lawyers cite previous cases)

• Excessive bail shall not be required, nor excessive fines imposed,

• nor cruel and unusual punishments inflicted.

• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

• (The Constitution is not a complete list – the people may have other rights not enumerated here.)

           Former Pentagon employee Linda Tripp was prosecuted for secretly recording conversations with Monica Lewinsky. A right to privacy is not specifically mentioned in the Constitution, but has been protected by the Courts. (see Amendments IV and V)

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.