Bill of Rights

Bill of RightsOur 1st 10

amendments to the

Constitution

Bill of RightsAnti-Federalists disagreed with the

Federalists Constitution would not be approved unless a

compromise was made. Anti-Federalists felt we needed

something in our new plan for government that mentions the people—

and their rights….not a bad idea since the Americans had almost every basic right stripped from them.

So…. The Feds and the Anti-FedsCame up with some rights…They become our first 10

amendmentsa.k.a The Bill of Rights (BoR)

All deal with freedoms that are granted to us because we are U.S. citizens

These are our basic civil liberties!

First Amendment:

RAPPS

R: Religion

•You may believe in whatever you choose or nothing at all!•Limits: can’t break laws example- no illegal animal sacrifices

1 RAPPSFreedom of

Religion- separation of church and state

Assembly-Can peacefully gatherGov’t approves time, place and

mannerCan’t pose a Clear and present

dangerMeetings, parades, strikes are

Petition-Freely write the gov’t w/o fear of

backlash or persecutionEmail, letter, blog, comment,

editorial in paper

Press-Press has rights to publish

whatever they wishYOU can Express yourself in

print formGov’t can’t censorBooks, newspapers,

magazines, radio, tv, internetLimitations- can’t print lies:

called LIBELSpeech-

Regarding speaking out against government

No threatsAlso covers EXPRESSION (things not said but done)

Freedom of speech under expression internet, art, clothing, music Limitations:

Can’t endanger the gov’t or other Americans Can’t provoke riot or other violent acts Can’t speak or write with intent to commit criminal act or to

overthrow gov’t by force Can’t disturb the peace of others-loud music Cant lie or hurt ones reputation (slander) Tinker vs. DesMoines (black armband)

Spoken lie- called SLANDER

2: Right to Bear ArmsInitially gave men right to own and carry

arms for purpose of serving in militaryToday:

Age requirementLicense, background checkCan’t use to commit crime or instill fear

Today controversy about what the writers intent was and if intentions have been stretched

3: Quartering AmendmentIn peacetime we don’t have to shelter

soldiersIt would take congressional action to

authorize quartering soldiersHave this b/c the Brits were using

martial law and moving into colonists homes after the stamp act….

quartering act…

4: No unreasonable search and seizures

No soldier or gov’t official can search or take property w/o good cause

Search warrant must be presentJudge must be convinced a search will

produce evidence associated with a crime to grant a warrant

Uh-oh…

5th : 5 parts: protects rights of the accused1. Due Process- gov’t/law must follow established

legal procedures (arrest, rights read, booked, informed of crime accused of, right to attorney…)

No matter who/what you are accused of2. Eminent domain- must pay fair price for

land/property3. Grand jury- don’t determine guilt or innocence

Decide if there is enough evidence to go to trial4. No Double Jeopardy- people acquitted (vote of

not guilty) can not be tried for same crime5. No self-incrimination-”plead the 5th”

Cant be forced to testify against yourselfCan only use on yourself; not others

6: Accused gets more rightsSpeedy public trialRight to attorney

Case of Gideon v Wainwright

Guarantees lawyer even if you can’t afford one

Jury or your peersInformed of charges(so you know what

they are accusing you of)

1960

7: Jury Trial in CIVIL cases

Can opt out and get a trial by judgeWhy? Quicker and if lawyer feels

judge will give better opportunity7 rhymes with “heaven”Not criminals acts, but lesser ones: CIVIL

8: No cruel and unusual punishment

Includes excessive bails and finesBail- sum of $ used as a security deposit to

insure accused shows up for trialIf returned for trial $ is returned and if you don’t

show, the $ is kept and another charge of failure to appear is issued

No gov’t official, law enforcement can physically beat you

Your punishment MUST fit the crime

9: (IX) all rights not listed, are covered for

YOU Called unwritten rights

Not sure what would come up over time Right to marry who you choose

Right to attend college of your choiceETC…

10 (X) any right not given to federalgov’t are…

Given to statesCalled reServed powers or states

powers!!!Anti-feds happy!Prevents congress and pres from

becoming too strong!