The Bill of Rights
The Bill of Rights

Added in 1791, the first
10 amendments are
known as the “Bill of
Rights”.
 The purpose is to limit
the power of the federal
goverment
 They place limits on the
government and
guarantee our “civil
liberties” as American
citizens.
Civil Liberties
“Civil liberties” are
freedoms we have to
think and act without
government
interference or fear of
unfair treatment.
 The Amendments
place strict limits on
how the federal
government treats
the people.

Civil Liberties



“Civil liberties”,
however, do not allow
American citizens to
do things like break
the law.
“Your rights end
where someone else’s
begin”…
Your rights are
balanced against the
rights of others and
the good of the
community.
“R.A.S.S.D.A.T.
E.P.S.”
“R.A.S.S.D.A.T.

R.A.S.S.D.A.T.
E.P.S is an easy way
to remember the
“Bill of Rights”.
E.P.S.”
“R.A.S.S.D.A.T.

E.P.S.”
R = Religion, Assembly, Speech, Press, Petition
 A = Arms
 S = Soldier Quartering
 S = Search & Seizure (privacy amendment)
 D = Double Jeopardy, Due process, eminent Domain
and you Don’t have to testify against yourself (rights of
the accused)
 A = Attorney & fair and speedy trial
 T = Trial by Jury
 E = Excessive Bail
 P = People’s Rights
 S = States Rights
The First Amendment
“R.A.S.P.P.”
“R.A.S.P.P” is a good
acronym to
remember the major
elements of the First
Amendment.
 This amendment
protects the 5 basic
freedoms that are
essential to the
American way of life.

1. “R” = Religion

Freedom of Religion prohibits
Congress from establishing any
official or “state” religion in
the U.S.
 It also guarantees Americans
the right to worship or practice
any religion they choose (or to
not worship at all).
 Americans special value on
freedom of religion since many
people moved here to escape
religious persecution.
2. “A” = Assembly

Freedom of Assembly
protects our right to
assembly in groups
for any reason as
long as these
assemblies are
peaceful in nature.
 This also allows us to
join whatever groups
we choose to join…
3. “S” = Speech



Freedom of Speech protects our
right to say what is on your mind, in
public or private, without fear of
punishment by the government.
Face to face discussions, telephone
conversations, TV, lectures, and even
“unspoken expressions” are all
protected.
It does not allow for speech that is
harmful to people or that threatens
the government.
– Slander: spoken lies
– Libel: maliciously printing lies
3. “S” = Speech


Freedom of Speech also
does NOT protect our
citizens from
committing “slander”
(spoken lies) or “libel”
(written lies) towards
another citizen.
It also does NOT allow
for harmful speech
towards others or that
threatens our
government
4. “P” = Press

Freedom of the press
protects our rights to
publish information
freely and allows us
to read what others
have published
(without
“censorship”).
 This freedom is also
limited (as speech)
5. “P” = Petition

Freedom of petition
guarantees all
Americans the right
to petition (a formal
request) the
government.
 This allows us to
express our views to
the government.
Other Guarantees in the Bill of Rights
The Second Amendment

“A well regulated militia, being necessary to the
security of a free State, the right of the people to
keep and bear arms shall not be infringed”
The Second Amendment
The “Second Amendment” guarantees the right
to keep and bear arms.
 Originally added to ensure a well trained militia
would be ready to fight due to the lack of a
large, regular army in winning our
independence from Great Britain.
 While the courts have maintained the right of a
citizen to own a gun, it has allowed government
to regulate some gun control.

The Third Amendment

“No Soldier, 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”
The Third Amendment
The “Third Amendment” limits the power
of the national government to force
Americans to “quarter” or house soldiers.
 While not a major issue today, it was a
major source of resentment when
American colonists were forced to house
and feed British soldiers.

The Fourth Amendment
(“The Privacy Amendment”)

“The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no
Warrants shall issue, but upon probable cause, supported
by Oath or affirmation, and particularly describing the
place to be searched and the person or things to be
seized”
The Fourth Amendment
(“The Privacy Amendment”)
The “Fourth Amendment” protects American
citizens from unreasonable searches and
seizures by the government.
 A citizen’s home / business / or person may be
searched by law enforcement if they have
reasonable cause and obtained a “search
warrant”.
 A “search warrant” is a legal document, signed
by a judge, allowing law enforcement to search
a home or business to gather certain evidence.

The Fifth Amendment

'No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in the
Militia, when in actual service in time of War or public danger; nor
shall any person be subject for the same offence to be twice put in
jeopardy of life or limb, nor shall be compelled in any criminal case
to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be
taken for public use without just compensation”
The Fifth Amendment

The “Fifth Amendment” protects the rights of
people accused of a crime.

No citizen can be denied the right to life, liberty,
or property without “DUE PROCESS” of law
(following proper procedures which are also
themselves reasonable).
The Fifth Amendment
The “Fifth Amendment” protects the rights of people
accused of a crime.
Types of cases:


–
–

Criminal: Defendant has committed an act against
someone that is against the law (felony; misdemeanor)
Civil: Disputes or disagreements between two parties
(divorce, child support, landlord/rent payment, injury)
Cannot be accused of a crime again if found not
guilty the first time – called double jeopardy.
The Fifth Amendment

Also limits the government’s power of
“EMINENT DOMAIN” (the right of the
government to take private property)

An accused person has the right to
remain silent – this is called pleading
the 5th! (Right to remain silent)
The Sixth Amendment

"In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of
the State and district wherein the crime shall have been
committed, which district shall have been previously
ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for
obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defense."
The Sixth Amendment


The “Sixth Amendment” guarantees
additional rights to people accused of
crimes.
This includes a trial by jury, a right to a
speedy trial, the right to an attorney, and
the right to hear all charges against you.
“The Seventh Amendment”

In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall
be preserved, and no fact tried by a jury, shall be
otherwise reexamined in any court of the United States,
than according to the rules of the common law.
The Seventh Amendment


The “Seventh Amendment” guarantees
the right to a trial by jury in civil cases
(lawsuits that involve disagreements
between people, not crimes).
This is if the amount involves more than
$20.00.
The Eighth Amendment

“Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.”
The Eighth Amendment



The “Eighth Amendment” forbids “excessive
bail” for the accused and forbids cruel and
unusual punishments
“Bail” is a sum of money used as a security
deposit to ensure the accused will return to
court.
Judges determine the amount of bail, which is
returned when the accused comes back to
court.
The Ninth Amendment

The enumeration in the Constitution, of
certain rights, shall not be construed to
deny or disparage others retained by the
people.
The Ninth Amendment


The “Ninth Amendment” makes clear
that the rights spelled out in the
Constitution are NOT the only rights
granted to the American citizens.
It is understood that we all have more
rights than are spelled out specifically in
the Constitution…
The Tenth Amendment

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.
The Tenth Amendment



The “Tenth Amendment” states that any
power not directly specified in the Constitution
for the national government is reserved for the
states (or for the people)
The purpose of this amendment is to keep the
power of the President or Congress limited.
The powers of the state are not enumerated,
so states rights have been constantly debated
in the Supreme Court.
The statement below was made by Thomas Jefferson in a 1786 letter
to John Jay.
“. . . our liberty, which cannot be guarded but by the freedom of the
press . . .”
Why should this freedom be guarded?
A. to provide the news media with a guaranteed profit
B. to keep the news media from controlling the political process
C. to provide the government with an accurate information source
D. to keep the government from becoming the primary information
source
Bill of Rights Scenarios

For each scenario, explain which
constitutional rights and amendments are
involved.
 HOARD YOUR BOARD!
 On your whiteboard, explain the following:
– Which right (if any!) was violated
– Which amendment is involved?

Juanita lives near a factory that puts foulsmelling smoke in the air. Juanita and her
neighbors call a meeting at Juanita’s house
to discuss what they can do about the
smoke. However, the police block the
entrance to the home and tell people that
they do not have the right to hold a meeting.
Right to
assembly, 1st
amendment

The government lacked money to support
the nation’s military forces. To save
money, General Marolla ordered that troops
be placed in the homes of people living
close to military bases. Matt lived next to
an army base, and two soldiers moved into
his house, even though he did not want
them there.
No Quartering,
3rd amendment

Brendan is accused of armed robbery and
given a trial. The jury finds Brendan not
guilty. The next day the prosecutor decides
that the verdict was not correct, and he
orders Brendan arrested and tried for the
crime again.
Double Jeopardy,
5th amendment

Mike is in his house watching television
when two police officers knock at the door.
They accuse Mike of having stolen
property, enter the house, and take several
things that they say do not belong to Mike.
When he asks if the police officers have
permission to take his things, they just
laugh and leave with the property.
Unreasonable
Search and
Seizure, 4th
amendment

Tasha, a student, is arrested for stealing
jewelry from American Eagle. At her trial,
the judge decides that the appropriate
punishment is to cut off Tasha’s hands so
she will no longer be able to shoplift.
No cruel and
unusual
punishment, 8th
amendment

Bob enters a movie theatre and screams
"Bomb!" just to see the reaction of the
people in the auditorium. There is a
stampede to leave the theatre and multiple
movie goers are injured.
Freedom of
speech, not
protected because
it harms others,
1st amendment

Three teenagers are killed in a drive by
shooting in a small community. The city
lawmakers pass an ordinance outlawing the
sale of guns in the state to try and cut down
on the gun-related violence.
Right to bear
arms, 2nd
amendment

Rob was accused of robbing a pawnshop.
The cops arrested him within two days after
the incident. Since he was unemployed and
had no job, he could not afford a lawyer to
prove his innocence. He claimed the cops
falsely arrested because he was at home
when the crime occurred. A storeowner
claimed Rob was the man who committed
the criminal act. Rob cannot afford a
lawyer to prove his innocence.
Right to counsel,
6th amendment

Shiela is charged for being a spy from Russia.
Shiela refused to testify against herself at the
trial. The reason for her refusal was to avoid
releasing evidence to the court that would
convict her of the alleged crime. However, she is
receiving pressure from the prosecution to take
the witness stand, and testify against herself
against her will.
Don’t have to
testify against
yourself, 5th
amendment

The editor of the Panama City News Herald
published an article criticizing the
Presidents recent Medicare plan. The
President forces the paper to remove the
article stating it makes him look bad.
Freedom of the
press, 1st
amendment
Constitutional Rights

Label your foldable:
– Individual Freedoms
– Rights of the Accused
– Protection from Abuse of Power
– Other Safeguards

Using your green article, take
notes that include:
– Important vocabulary
– The main idea of the section
– Key details