Bill of Rights

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Bill of
Rights
st
1
Our
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.
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 RAPPS
 Freedom of
Religionseparation 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 requirement
License, background check
Can’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 yourself
Can 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
judge
Why? Quicker and if lawyer feels
judge will give better opportunity
7 rhymes with “heaven”
Not criminals acts, but lesser
ones: CIVIL
8: No cruel and unusual
punishment
Includes excessive bails and fines
Bail- 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 federal
gov’t are…
Given to states
Called reServed powers or states
powers!!!
Anti-feds happy!
Prevents congress and pres from
becoming too strong!
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