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Bill of RightsBill of Rights
The Bill of Rights
• 10 Amendments• Created to ratify Constitution
• Written by Madison• Personal rights• Legal rights• State rights
1st Amendment
Five Freedoms:
1. Freedom of Speech2.Freedom of Religion3.Freedom of Press4.Freedom of Assembly5.Freedom to Petition Govt.
2nd Amendment
• Right to bear arms• Maintain militia
3rd Amendment
• No quartering troops in times of peace• Reaction to what colonial law?
4th Amendment• Protection from illegal search & seizure• Search Warrant
• Exceptions:Probable CausePlain View Law
5th Amendment
• Rights of the Accused:• Self-Incrimination Clause
• Double Jeopardy• Due Process of Law
6th Amendment
• Guarantees additional rights to those accused of a crime, including:
• Trial by jury• Speedy & Impartial Jury• Entitled to a lawyer
7th Amendment
• Civil Court Rights• Trial by jury if amount involved is more than $20• Examples:• Lawsuits• Civil Violations
8th Amendment
• Protection from:• Cruel and Unusual Punishment• Excessive bail• Excessive fines
9th Amendment
• States that the rights listed in the Constitution are not the only rights guaranteed to citizens
-Ensures private domain
- Right to choose our friends - Right to choose our job - Right to have children
10th Amendment
• Powers reserved for states• “All powers not granted to natl. govt”
Powers & Clauses of the Bill of Rights
- Establishment Clause (1st Amend.)- Free Exercise Clause (1st Amend.)
- Exclusionary Rule (4th Amend.)- Self-Incrimination Clause (5th Amend.)- Double Jeopardy Clause (5th Amend.)
- Confrontation Clause (6th Amend.)- Implied Right to Privacy (3rd, 4th, 9th Amend.)
Establishment Clause
• Govt. can not set up a church• Can’t target/benefit one religions• Can't sponsor a religion
Free Exercise Clause
• No punishments for religious beliefs or rituals
• No taxes levied for religious groups• Schools• Places of worship• Religious organizations
Examples of 1st Amendment Clauses
• Denies the following from happening:
• Teaching the Bible in school• Tax money to church-affiliated schools• Prayer at graduation ceremonies• Religious statues/plaques in govt. buildings
Exclusionary Rule
• Can not use evidence from illegal S & S
Self-Incrimination Clause
• No person can be forced to be a witness against themselves (I plead the 5th!)
Double Jeopardy
• Can not charge for the same crime twice
Exception: - Appeals(re-trial)
Confrontation Clause
• The right to confront (question) a witness who is accusing you of a crime
• Protection from: - Lies - Heresay - Revenge
• Question credibility of witness
Implied Right to Privacy
• Ensures Private Domain
• What amendments “imply” the right to privacy?
• What are some example activities protected by this right?
Implied Right to Privacy
• Wire tapping without a warrant• Right to have an abortion• Protection from Illegal Search & Seizure• Right to home privacy
(Video Surveillance, Vulgarity, Right to Die)
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