Chapter Four, Amendments
2-10
“Other Guarantees in the Bill of
Rights”
The “Bill of Rights”
“R.A.S.S.D.A.T.
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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.
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E.P.S.”
R = Religion, Assembly, Speech, Press, Petition
A = Arms (bear arms)
S = Soldier Quartering
S = Search & Seizure (privacy amendment)
D = Due process, Double Jeopardy, eminent Domain
and you Don’t have to testify against yourself (rights of
the accused)
A = Attorney & fair and speedy jury trial (criminal)
T = Trial by Jury in Civil Suits over $20
E = Excessive Bail or Cruel and Unusual Punishment
P = People’s Rights
S = States’ Rights
The “Second Amendment”
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“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.
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Video
The “Third Amendment”
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“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.
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The “Fourth Amendment”
(“The Privacy Amendment”)
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“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.
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The “Fifth Amendment”
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'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”
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The “Fifth Amendment” protects the rights of
people accused of a crime.
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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”
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Types of cases:
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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)
People accused of a crime and not found not guilty
the first time cannot be tried for that same crime
again– called double jeopardy.
The “Fifth Amendment”
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Also limits the government’s power of
“EMINENT DOMAIN” Property rights
(the right of the government to take private
property). The government must pay fair
market value for the property. “Property
Rights”
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Don’t have to testify against yourself! An
accused person has the right to remain
silent – this is called pleading the 5th!
From the 5th Amendment (Right to
remain silent) video
The “Fifth Amendment”
Landmark Supreme Court Case:
Miranda v. Arizona (1966)
video
The “Fifth Amendment”
Landmark Supreme Court Case:
Miranda v. Arizona (1966)
Facts: Ernesto Miranda was arrested for kidnapping
and other criminal charges. After 10 hours of
interrogation, Miranda signed a statement
admitting to the crimes without realizing he could
have an attorney present.
Findings: The Supreme Court found (5-4)
In favor of Miranda based on 5th Amendment. Today
law enforcement uses the “Miranda Rights” –
“you have the right to remain silent…….”
The “Sixth Amendment”
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"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”
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The “Sixth Amendment” guarantees
additional rights to people accused of
crimes.
This includes , the right to an attorney
also known as “legal counsel”, and a
right to a fair and speedy jury trial in
criminal cases, and the right to hear all
charges against you.
“The Seventh Amendment”
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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”
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The “Seventh Amendment” guarantees
the right to a trial by jury in civil cases
over $20 (lawsuits that involve
disagreements between people, not
crimes).
This is if the amount involves more than
$20.00.
“The Eighth Amendment”
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“Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.”
The “Eighth Amendment”
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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”
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The enumeration in the Constitution, of
certain rights, shall not be construed to
deny or disparage others retained by the
people.
The “Ninth Amendment”
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The “Ninth Amendment” makes clear
that the rights spelled out in the
Constitution are NOT the only rights
granted to the American citizens.
Unenumerated Rights (un-numbered)It is understood that we all have more
rights than just the ones that are spelled
out specifically in the Constitution…
The “Tenth Amendment”
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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”
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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.
“R.A.S.S.D.A.T.
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E.P.S.”
R = Religion, Assembly, Speech, Press, Petition
A = Arms (bear arms)
S = Soldier Quartering
S = Search & Seizure (privacy amendment)
D = Due process, Double Jeopardy, eminent Domain
and you Don’t have to testify against yourself (rights of
the accused)
A = Attorney & fair and speedy jury trial (criminal)
T = Trial by Jury in Civil Suits over $20
E = Excessive Bail or Cruel and Unusual Punishment
P = People’s Rights
S = States’ Rights