Bill of Rights:
first 10 amendments to
the Constitution
4th Amendment: Search & Seizure
• 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 probably
cause, supported by Oath or affirmation,
and particularly describing the place to be
searched, and the persons or things to be
seized.
https://www.youtube.com/watch?v=atsLAi9j6X0 through 2:00
4th Amendment: DECODED
• Protects Americans from unreasonable
searches and seizures.
• Only permitted if a judge has issued a
warrant, or written court order.
• Warrant only issued if there is probably cause
meaning the search is likely to produce
evidence of a crime.
• Writs of assistance: allowed tax collectors to
search for smuggled goods with no warrant
4th Amendment v YOU
• Authorities can looking into the following
without a search warrant:
• Phone records
• Your internet trail (sites you’ve accessed)
• Can subpoena (submit as evidence to court) your social media
• Your GPS location
• Should authorities need a search warrant to
search your social media??
Does national safety &
security ever outweigh
personal freedoms?
1st Amendment :
Freedom of speech, press, religion,
assembly, petition
How might this
affect prayer in
public school?
• Congress shall make no law
respecting an establishment of
religion (establishment clause), or prohibiting
the free exercise thereof (free exercise
clause); or abridging the freedom of
speech, or of the press; or the right
of the people peaceably to
assemble, and to petition the
Government for a redress of
grievances
1st Amendment: DECODED
• Protects 5 basic rights:
1. Religion
• no official church or religion for the nation
• Establishment clause: no national religion; can’t
favor one religion over the other
• Free exercise clause: congress can’t make a law
limiting your religious practice
How could
2. Speech
this apply in
schools??
• have the ability to speak and write freely
• Freedom of expression: individual development &
human dignity, the advancement of knowledge and
peaceful social change
Thinking critically…
• Can you think of any situations
where someone might be
restricted from saying whatever
they want to say?
1st Amendment: DECODED
libel vs slander
• The Constitution does not protect slander or
libel. What is the difference between the
two?
• Libel: intentionally writing a lie
• Slander: saying a false statements that
damage reputation
• John Peter Zenger – during colonial period, he
printed a false statement that damaged the
reputation of a NY governor. He was found
not guilty…would he be guilty or not guilty
today?
Think critically…
• “A [Massachusetts] state law that makes it a
crime to publish false statements about political
candidates is unconstitutional, the Supreme
Judicial Court ruled Thursday (Aug 2015).”
In other words, political candidates can say
whatever they want about each other.
Do you agree or disagree with
the Court’s Decision?
1st Amendment: DECODED
• Protects 5 basic rights:
3. Press
• gov’t may not censor (or review) books and
newspapers before they are printed
4. Assembly
• can hold public meetings
5. Petition
• can ask the government for wrongs to be
corrected
2nd Amendment: Right to bear
arms
• 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.
•
http://www.youtube.com/watch?v=BDv1qFBJh1o
•
http://www.cnn.com/videos/crime/2013/02/12/pkg-eitm-orig-cnn-explains-second-amendment.cnn
2nd Amendment: DECODED
• State militia have the right to bear arms, or keep,
weapons
• Courts have generally ruled that the government
can regulate the ownership of guns by private
citizens.
What is a “dangerous and
unusual weapon”???
3rd Amendment: Quartering
Soldiers
• No Soldier shall, in time of peace be
quartered in any house, without the
consent of the Owner, nor in time of
war, but in a manner be prescribed by
law
3rd Amendment: DECODED
• QUARTERING ACT!!!
• Can’t be forced to house British soldiers
(or anyone!) without the permission of
the owners……….WHYYYY???
5th Amendment: Double
Jeopardy
• 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 offense 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
5th Amendment: DECODED
• Protects the rights of the accused (think Miranda vs Arizona)
• Capital crimes: crimes that are punished by death
• Infamous crimes: punished with prison or loss of rights
• Grand Jury – 16-23 people (NOT a trial jury)
• “A grand jury is presented with evidence from the U.S.
attorney, the prosecutor in federal criminal cases. The grand
jury determines whether there is “probable cause” to believe
the individual has committed a crime and should be put on
trial.”
• Prevents the gov’t from prosecuting people with little or no
evidence of guilt (amend 5-7)
5th Amendment: DECODED
• Double Jeopardy: person cannot be tried
twice for the same crime
• Forbidden by this amendment!
• Due process of law: everyone entitled to
a fair trial; laws and procedures of
government must be fair and reasonable
• Should terrorists, domestic or
international, have this right?
5th Amendment: DECODED
“I plead the 5th!!”
• “nor shall be compelled in any criminal
case to be a witness against himself” aka
you have the right to remain silent! And
you have to be advised of this right!
• Why does it matter whether peopled
suspected of a crime are advised of their
rights? They’re probably guilty anyway…
• If you MIGHT be guilty of a crime, do you
deserve to have rights???
• Scenario One: During a time of peace, a few soldiers from
the army come into your home and announce they are going
to stay in your home for a week and you must give them a
bed and feed them.
Amendment 3
• Scenario Two: You have been accused of robbing a bank. You
go through a trial and are found not guilty. Five years later,
with new technology, there is new evidence against you. You
are notified that next week a new trial will be held against
you for the bank robbery.
Amendment 5
• Scenario Three: You are very involved in your religion. Every
Thursday, you attend services in a building that was built
from donations and is on your own private property. The city
decides to enact a law that forbids you and your members
from worshipping at your building or anywhere.
Amendment 1
• Scenario Four: You are at home watching TV when someone
knocks on your door. Before you answer, the police burst into
your home and begin to look through your things. When you
ask what they are doing, they tell you that someone has
accused you of doing something illegal and they are looking
for evidence. When they are done, they take boxes of your
things away.
6th Amendment: Speedy Trial
• 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 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 Council for his defense.
6th Amendment: DECODED
• Guarantees that all laws are being followed
by allowing public to witness trial.
• Aka: trial by jury – jury must be impartial!
• If you’re accused of a crime, you have a right
to a lawyer. If you can’t afford it, the gov’t
must provide you with one
• Can avoid the 6th amendment through a plea
bargain. (hint: plea guilty!)
6th amendment: discussion
• Why is it important to have a “speedy trial”?
• What constitutes “speedy”?
• Inmates on death row have to go through lots
of appeals…could be years before they’re
actually convicted of the crime and punished
by death…is this fair or unfair??
7th Amendment:
$20 can cause you to have a jury trial
• 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.
7th Amendment: DECODED
• $20 can cause you to have a jury trial –
minimum amount over which a lawsuit
can be filed
• Civil rulings are FINAL. (Judge Judy??)
• Protects the people’s right to have a
jury trial.
8th Amendment: Excessive Bail
• Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.
8th Amendment: DECODED
• Bail: set amount of money that defendants pay if they
fail to appear in court
• Can post bail in order to stay out of jail before and
during trial
• Keeps courts from setting unfairly high bail
• Judge can refuse to set bail (usually for serious crimes)
Is a capital punishment considered
Cruel and unusual punishment???
What do you think the Framers of the Constitution
had in mind when they wrote this?
Capital Punishment
Governor has stopped the death penalty
but not illegal
9th Amendment: Other Rights
• The enumeration in the Constitution, of
certain rights, shall not be construed to
deny or disparage others retained by
the people
9th Amendment: DECODED
• Rights in the Constitution are not the
only rights citizens have!
• States offer free education from
elementary to high school for ALL
citizens (not in Constitution)
10th Amendment:
Rights of state and people
• The powers not delegated to the Untied
States by the Constitution, nor
prohibited by it to the States, are
reserved to the States respectively, or
to the people
10th Amendment: DECODED
• Any powers not given to the federal
gov’t (or are explicitly not allowed) are
given to the states and the people!
• Protects citizens’ rights and helps keep
the balance of power between the
federal and state gov’ts.
10th Amendment:
Rights of state and people
• Any powers not given to the federal
gov’t (or are explicitly not allowed) are
given to the states and the people!
• Protects citizens’ rights and helps keep
the balance of power between the
federal and state gov’ts.
Amendments 11-27
th
11
Amendment: Suing a
State
• A citizen cannot sue a state if he or she is not
a resident of that state.
• Does not allow citizens of foreign countries to
sue the United States or any state.
12th Amendment:
Separate Presidential Ballots
• Changes the Electoral voting to two distinct
ballots, one for President and one for Vice
President.
• Used to be that President and Vice President were
chosen from same election
• This ensures that a President and Vice President
can run together
• Helps us avoid having a Pres. & VP from two
different political parties
13th Amendment: Slavery Abolished!
• This is the first of the Civil War Amendments.
• Slavery and involuntary servitude are no longer legal
except as punishment for a crime.
• Congress has the power
to make laws to enforce
this amendment.
14th Amendment:
Civil Rights Guaranteed
• The second Civil War Amendment.
• Section 1:
• Guarantees citizenship to all persons born or naturalized in the
United States.
• Sections 2:
• Changes representation to include all people (except Native
Americans). It also states that the right to vote is extended to
all male citizens over 21.
• Section 3:
• Cannot hold a government office if you have engaged in
rebellion against the United States, or given aid or comfort to
the enemy.
15th Amendment: Black Voting
Rights
• The third Civil War Amendment
• You cannot be denied the right to vote
because you are the “wrong” race or color or
because you used to be a slave.
• In other words Voting rights to
ALL people, regardless of race
16th Amendment: Income Tax
• This amendment changes the taxing power of
Congress. Taxes no longer have to be based on
population
• Allows for Congress to collect an
income tax, or tax on the money
you earn – based on %
• Both state and national government collect
taxes
17th Amendment: Direct Election
of Senators
• Before 1912, state legislature would choose
the senators, not voters.
• This amendment changes election of Senators
– says that Senators must be elected by the
people.
18th Amendment: Prohibition
• One year after this amendment is ratified, the
manufacture, sale, or transportation of
alcohol for beverage purposes is not allowed.
• Inspired by activists who felt that alcohol was
leading to problems within families.
• Only amendment to be repealed (cancelled).
19th Amendment:
Women’s Voting Rights
• This amendment guarantees citizens the right
to vote regardless of their gender. All women
over the age of 21 now have the right to vote.
20th Amendment: Beginning/End of Term
• Moves the beginning/end of the President’s and Vice
President’s term to noon on January 20th.
• Sets the beginning/end of terms of Congressmen to the
3rd of January.
• Lame duck: elected official who
is approaching the end of his or
her term
21st Amendment: Repeals
Prohibition
• Repeals the 18th amendment
• Still against the law to transport
or import alcoholic beverages into
States that still have laws against
it.
• Called “dry laws”
22nd Amendment: Limit 2 Terms
for President
• No person shall be elected to the office
of President more than TWICE.
• If you serve as President for any reason for more than
two years of a term someone else was elected to, you
can only be elected President ONCE.
• If you serve less than two years of someone else’s term,
you can still be elected twice for a total of 10 years.
23rd Amendment: DC has 3
electors
• Gives the nation’s capital Electors in the
Electoral College equal to the number of
Senators and Representatives that it
would be entitled to if were a State.
• DC gets 3!!!
100 senators + 435 reps + DC’s 3 votes = 538
electors
24th Amendment: Poll Tax is not
allowed
• Citizens cannot be denied the right
to vote in federal elections because they
cannot pay any tax.
• Intended to prevent poor and African Americans
from voting.
• 15 amendment gave African Americans the
vote, but did not prevent discrimination of
African Americans through poll taxes and
literacy tests.
25th Amendment: Succession
• The vice president becomes the president due to
the president’s death, resignation, or removal.
• Whenever the office of vice president is vacant,
the president can appoint a replacement with a
majority vote of both houses of Congress.
• President’s inability to hold office must be in
writing – can be temporary (Bush Cheney)
26th Amendment: 18 years old to
vote
• This amendment lowers the voting age of
citizens from 21 to 18.
27th Amendment: Pay in
Congress
• Congress cannot make any laws raising their
pay during the current House term.
• If a pay raise is made for
Congress, it cannot go into
effect until after the new
Congressional Session.
Amendment CHARADES!
• One person chooses a number out of the bag.
KEEP THIS A SECRET!!!
• This person will act out the amendment and
the group will have to guess what amendment
they are acting out.
• Feel free to split into teams, make your own
rules, etc.