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!