Bill of Rights Our 1 st 10 amendments to the Constitution.

Bill of RightsOur 1st 10 amendments to the Constitution

Bill of Rights Anti-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-Feds

Came up with some rights… They become our first 10

amendments a.k.a The Bill of Rights (BoR) All deal with freedoms that are granted

to us because we are U.S. citizensThese 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 RAPPS Freedom of

Religion- separation of church and state

Assembly- Can peacefully gather Gov’t approves time, place and

manner Can’t pose a Clear and present

danger Meetings, parades, strikes are

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

backlash or persecution Email, letter, blog, comment, editorial

in paper

Press- Press has rights to publish

whatever they wish YOU can Express yourself in

print form Gov’t can’t censor Books, newspapers,

magazines, radio, tv, internet Limitations- can’t print lies:

called LIBEL

Speech- Regarding speaking out

against government No threats Also 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 Arms

Initially gave men right to own and carry arms for purpose of serving in military

Today: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 Amendment

In peacetime we don’t have to shelter soldiers It would take congressional action to

authorize quartering soldiers Have 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 present Judge 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 accused

1. 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 of 2. Eminent domain- must pay fair price for

land/property 3. Grand jury- don’t determine guilt or innocence

Decide if there is enough evidence to go to trial 4. No Double Jeopardy- people acquitted (vote of

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

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

6: Accused gets more rights Speedy public trial Right to attorney

Case of Gideon v Wainwright

Guarantees lawyer even if you can’t afford one

Jury or your peers Informed 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 criminal 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 trial If 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 choice

ETC…

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

Given to states Called reServed powers or states

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

becoming too strong!