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)