Amendments Bill of Rights

Amendment 1-The 5 Freedoms Speech- You can say

what you believe, excludes public “hate speech”.

Press- You can write your opinion about the gov’t. “Slander and Libel” have been limited.

5 Freedoms cont. Assembly- Gather in a group

peacefully. Protests and violence can be broken up.

Tea parties are examples of law-abiding peaceful assemblies.

Petition- Write a protest to the gov’t.

Religion- Gov’t cannot promote nor restrain practice of religion.

(This is where the “Under God” part of the Pledge, and 10 commandments being removed from courts have been applied)

2nd- Right to bear arms

Citizens may maintain an armed militia. (nat’l guard)

This has been upheld to mean people can carry weapons for over 200 years.

Some places have challenged this ruling where crime rates are higher-Chicago, NY, Wash DC.

3-No quartering of troops

Ended the practice of British troops staying in colonists homes during the revolution.

No military use of civilian homes without permission or war-time conditions!

4. Search and Seizures

No “unreasonable” search and seizures.

How does this rule apply to students in school? (Parking lot, locker, purse or bag)

Who decides what is “unreasonable”?

Friends in a car scenario- Who gets arrested?

5. Due Process

Holding someone w/out charges is illegal.

No Double Jeopardy. Due Process must

take place to obtain private property, administer death penalty, or give jail time.

6. Rights of the Accused

Speedy trial, be informed of charges, confront witnesses, and have a lawyer.

Miranda Rights. Protects everyone

no matter what their income level or status in society.

7. Jury Trial

Right to a Jury Trial in Civil Cases.

This is usually found in criminal cases where the defendant can serve prison time or get the death penalty.

Civil Cases are usually disputes between parties, like divorces, business breakups, or suing for damages.

8. No Excessive Bails

Excessive bails are determined by the courts.

Can be situational based on the severity of the crime.

E.g. Murder vs. Theft

9. Rights of the People

Rights not mentioned are reserved for the people.

10. States Rights

State powers are acknowledged and protected by the Constitution.