Bill of Rights st 1 Our 10 amendments to the Constitution Bill of Rights Anti-Federalists disagreed with the Federalists Constitution would not be approved unless a compromise was made. Anti-Federalists felt we needed something in our new plan for government that mentions the people— and their rights….not a bad idea since the Americans had almost every basic right stripped from them. So…. The Feds and the Anti-Feds Came up with some rights… They become our first 10 amendments a.k.a The Bill of Rights (BoR) All deal with freedoms that are granted to us because we are U.S. citizens These are our basic civil liberties! First Amendment: RAPPS R: Religion •You may believe in whatever you choose or nothing at all! •Limits: can’t break laws example- no illegal animal sacrifices 1 RAPPS Freedom of Religionseparation of church and state Assembly Can peacefully gather Gov’t approves time, place and manner Can’t pose a Clear and present danger Meetings, parades, strikes are Petition Freely write the gov’t w/o fear of backlash or persecution Email, letter, blog, comment, editorial in paper Press Press has rights to publish whatever they wish YOU can Express yourself in print form Gov’t can’t censor Books, newspapers, magazines, radio, tv, internet Limitations- can’t print lies: called LIBEL Speech Regarding speaking out against government No threats Also covers EXPRESSION (things not said but done) Freedom of speech under expression internet, art, clothing, music Limitations: Can’t endanger the gov’t or other Americans Can’t provoke riot or other violent acts Can’t speak or write with intent to commit criminal act or to overthrow gov’t by force Can’t disturb the peace of others-loud music Cant lie or hurt ones reputation (slander) Tinker vs. DesMoines (black armband) Spoken lie- called SLANDER 2: Right to Bear Arms Initially gave men right to own and carry arms for purpose of serving in military Today: Age requirement License, background check Can’t use to commit crime or instill fear Today controversy about what the writers intent was and if intentions have been stretched 3: Quartering Amendment In peacetime we don’t have to shelter soldiers It would take congressional action to authorize quartering soldiers Have this b/c the Brits were using martial law and moving into colonists homes after the stamp act…. quartering act… 4: No unreasonable search and seizures No soldier or gov’t official can search or take property w/o good cause Search warrant must be present Judge must be convinced a search will produce evidence associated with a crime to grant a warrant Uh-oh… 5th : 5 parts: protects rights of the accused 1. Due Process- gov’t/law must follow established legal procedures (arrest, rights read, booked, informed of crime accused of, right to attorney…) No matter who/what you are accused of 2. Eminent domain- must pay fair price for land/property 3. Grand jury- don’t determine guilt or innocence Decide if there is enough evidence to go to trial 4. No Double Jeopardy- people acquitted (vote of not guilty) can not be tried for same crime 5. No self-incrimination-”plead the 5th” Cant be forced to testify against yourself Can only use on yourself; not others 6: Accused gets more rights Speedy public trial Right to attorney Case of Gideon v Wainwright Guarantees lawyer even if you can’t afford one Jury or your peers Informed of charges (so you know what they are accusing you of) 1960 7: Jury Trial in CIVIL cases Can opt out and get a trial by judge Why? Quicker and if lawyer feels judge will give better opportunity 7 rhymes with “heaven” Not criminals acts, but lesser ones: CIVIL 8: No cruel and unusual punishment Includes excessive bails and fines Bail- sum of $ used as a security deposit to insure accused shows up for trial If returned for trial $ is returned and if you don’t show, the $ is kept and another charge of failure to appear is issued No gov’t official, law enforcement can physically beat you Your punishment MUST fit the crime 9: (IX) all rights not listed, are covered for YOU Called unwritten rights Not sure what would come up over time Right to marry who you choose Right to attend college of your choice ETC… 10 (X) any right not given to federal gov’t are… Given to states Called reServed powers or states powers!!! Anti-feds happy! Prevents congress and pres from becoming too strong!