The Bill of RightsThe Bill of RightsThe first 10 amendmentsThe first 10 amendmentsTo the U. S. ConstitutionTo the U. S. Constitution

James Madison drafted 12 amendments at the first federal Congress in 1789 as part of the agreement between the Federalists and Anti-Federalists in approving the Constitution

Adopted in 1791

Guaranteed individual rights and freedoms to the citizens of America

The First Amendment—5 The First Amendment—5 rights mentionedrights mentioned

Freedom of SpeechFreedom of Speech Freedom of Religion Freedom of Religion Freedom of the Freedom of the

PressPress Freedom of Freedom of

AssemblyAssembly Right to petition the Right to petition the

governmentgovernment

Second AmendmentSecond Amendment

The right to keep and bear armsThe right to keep and bear arms

Third AmendmentThird Amendment

The government The government cannot force you cannot force you to shelter to shelter soldiers in your soldiers in your home without home without your consent in your consent in time of war or time of war or peace-quartering peace-quartering soldiers.soldiers.

Fourth AmendmentFourth Amendment

Right to Right to privacy-privacy-

No No unreasonable unreasonable searches or searches or seizuresseizures

Probable cause Probable cause is needed for is needed for warrantswarrants

Fifth AmendmentFifth Amendment You must have You must have due processdue process of law of law

before you are convicted (treated before you are convicted (treated fairly)fairly)

You cannot be tried for the same You cannot be tried for the same crime twice—called “Double Jeopardy”crime twice—called “Double Jeopardy”

You do not have to testify against You do not have to testify against your- self. “I plead the fifth”your- self. “I plead the fifth”

The government cannot take your The government cannot take your land unless it pays.land unless it pays.

Right to an indictment by Grand Jury Right to an indictment by Grand Jury for a capital crimefor a capital crime

Sixth AmendmentSixth Amendment Right to speedy, Right to speedy,

public trial by public trial by impartial juryimpartial jury

Right to be informed Right to be informed of the chargesof the charges

Right to an attorneyRight to an attorney Right to confront Right to confront

witnesseswitnesses Right to force Right to force

witnesses to testify-witnesses to testify-compulsory processcompulsory process

Seventh AmendmentSeventh Amendment

Right to a jury trial in a civil caseRight to a jury trial in a civil case

Eighth AmendmentEighth Amendment

No cruel No cruel and and unusual unusual punishmentpunishment

No No excessive excessive bailbail

Ninth AmendmentNinth Amendment

The listing of rights in the Bill of The listing of rights in the Bill of Rights does Rights does notnot limit the people’s limit the people’s rights rights

Tenth AmendmentTenth Amendment

Powers not listed in the Constitution Powers not listed in the Constitution belong to the states or the peoplebelong to the states or the people

The First Amendment:

a. Protects 6 rights or Freedoms

1. The Government may not support religion

2. Freedom to practice religion

3. Freedom of Speech

4. Freedom of Press

5. Freedom to Assemble

6. Right to petition the government

Freedom of ReligionFreedom of Religion

““Congress shall make no law respecting an Congress shall make no law respecting an establishment of religion or prohibiting the establishment of religion or prohibiting the free exercise there of”free exercise there of”

Two clauses:Two clauses:

– Establishment clause-the Establishment clause-the government may not support government may not support religionreligion

– Free Exercise clauseFree Exercise clause-Freedom to -Freedom to practice your own religionpractice your own religion

Establishment Clause—Establishment Clause—Government cannot promote Government cannot promote

religionreligion

Establishment clause-Establishment clause-GovernmentGovernment

CansCans CannotCannot Teach about Teach about

religions in schoolreligions in school Allow voluntary Allow voluntary

prayer in many prayer in many examplesexamples

Transport students Transport students to a religious schoolto a religious school

Read Bible for Read Bible for culture or literacy culture or literacy contentcontent

Set a state religion Set a state religion Government cannot Government cannot

order a prayerorder a prayer Teach religious Teach religious

doctrine in the doctrine in the schoolschool

Pay seminary Pay seminary teachersteachers

Teach creationismTeach creationism

Free exercise of religionFree exercise of religion

Free Exercise—The personFree Exercise—The personCanCan CannotCannot

Choose whatever Choose whatever religionreligion

Lead a prayer in Lead a prayer in most examplesmost examples

Ask questions Ask questions about religions about religions

Worship who ever Worship who ever you wantyou want

Break the law and Break the law and claim it is religious claim it is religious beliefbelief

Raise children Raise children without educationwithout education

Deprave children Deprave children of basic needsof basic needs

Freedom of Expression

The four rights in the first amendment of speech, press, assembly and petition are collectively known as freedom of expression

What is Expression? What is Speech?

1. In addition to words, speech may be symbolic. Actions that express an idea are protected the same as speech.

Tinker v. The Des Moines Independent School District

2. Examples: Flag burning, Wearing an armband

Freedom of speechFreedom of speech ““Congress shall make no laws . . . Congress shall make no laws . . .

abridging the freedom of speech”abridging the freedom of speech”

The main purpose of the first amendment was clearly to protect the right of the people to express opinions about the government

Free speech– The individual Free speech– The individual can:can:

Say any political beliefSay any political belief Protest (without getting out of control)Protest (without getting out of control) Say things about someone that are trueSay things about someone that are true Burn the flagBurn the flag Say racist and hate slogansSay racist and hate slogans Free speech means someone might say Free speech means someone might say

something you disagree withsomething you disagree with

Free speech—limits on the Free speech—limits on the personperson

1. Fighting Words: Words or actions that a reasonable person would expect to cause a violent reaction are not protected.

2. Safety: If the words or actions create a “Clear and Present danger” they are not protected.

3. National Security: If the words incite people to immediate violence then they are not protected.

4. Obscenity: Obscene or pornographic expression is not protected and is strictly limited

5. Education: Schools are special places. Students have the right to free expression except when it interferes with the education process

Freedom of the pressFreedom of the press

Congress shall make Congress shall make no law . . . abridging no law . . . abridging . . . the freedom of . . . the freedom of the press.”the press.”

Freedom of the press-the Freedom of the press-the presspress

CanCan CannotCannot Print any political Print any political

positionposition Make fun of Make fun of

people, especially people, especially politicianspoliticians

Expose wrongs by Expose wrongs by the governmentthe government

Say things you Say things you might not agree might not agree withwith

Libel– intentionally Libel– intentionally injuring a person’s injuring a person’s reputation by false reputation by false factsfacts

Disclose defense-Disclose defense-security secretssecurity secrets

Detail how to make Detail how to make a certain weaponsa certain weapons

Freedom of AssemblyFreedom of Assembly

Congress shall make no law . . . Congress shall make no law . . . Abridging . . . The people to Abridging . . . The people to peaceably assemble”peaceably assemble”

Freedom of Assembly--Freedom of Assembly--IndividualIndividual

CanCan CannotCannot Protest Protest Parade (with a Parade (with a

permit)permit) Parade chanting Parade chanting

hate sloganshate slogans Gang members Gang members

can congregate can congregate in publicin public

Protest by Protest by throwing rocks throwing rocks and breaking and breaking windowswindows

Hang out on Hang out on private land private land against owners against owners will—loiteringwill—loitering

Teen curfewTeen curfew

Petition the GovernmentPetition the Government

““Congress shall make no law . . . Congress shall make no law . . . Abridging . . . the people. . . to Abridging . . . the people. . . to petition the government for a redress petition the government for a redress of grievances”of grievances”

Petition the governmentPetition the government

You may sue the government for You may sue the government for wrongswrongs

You cannot be punished for exposing You cannot be punished for exposing wrongs by the governmentwrongs by the government

The courts decide the wrongsThe courts decide the wrongs

22ndnd Amendment—Right to Amendment—Right to bear armsbear arms

““A well-regulated militia, being A well-regulated militia, being necessary to the security of a free necessary to the security of a free state, the right of the people to bear state, the right of the people to bear arms shall not be infringed.”arms shall not be infringed.”

What is the debate with the What is the debate with the right to bear arms?right to bear arms?

How much can the How much can the government keep government keep guns from criminals guns from criminals and youth?and youth?

In order to keep In order to keep guns away from guns away from criminals, does that criminals, does that limit the right of law limit the right of law abiding citizens?abiding citizens?

Gun debate continuedGun debate continued

Thousands of Thousands of people die every people die every year because of year because of guns guns

Thousands of Thousands of crimes are crimes are prevented because prevented because of gunsof guns

Shoes representing gun deaths.

Rights of the Accused Rights of the Accused Amendments #4-8Amendments #4-8

Important to preserve Important to preserve freedomfreedom