1st Amendment“RAPPS”

R – religionA – assemblyP – petitionP – pressS - speech

1st Amendment

-Freedoms

Religion: The Free Exercise Clause protects freedom of religion and establishes separation of church and state which means that the government cannot establish a national religion. This is known as the “establishment clause.”

Assemble: to peacefully gather; the government decides the time and place; can’t pose a “clear & present danger” – ex: meetings, parades, strikes, protests; Chief Justice Wendell Holmes made this statement popular in the court case, Schenck v. US that argued that you could not interfere with the draft during WWI.

Petition: Freely write the gov’t w/o fear of backlash or persecution Email, letter, blog, comment, editorial in paper

Press: The press has rights to publish whatever they wish.

You can express yourself in print form.

Government can’t censor books, tv, newspapers, magazines, internet, radio.

Limitations: You can’t print lies (libel).

1st Amendment

-Freedoms

Speech: You can speak out against the government.

Also covers expression, things not said but done.

Ex: internet, art, clothing, music

Court Case: Tinker v. DesMoines

Limitations:• Can’t endanger the gov’t or other Americans• Can’t provoke a riot or other violent acts• Can’t speak or write with intent to commit a criminal act or to overthrow gov’t by force• Can’t disturb the peace of others (loud music)• Can’t lie or hurt one’s reputation (slander)

A spoken lie is called SLANDER.

Initially gave men the right to own and carry arms for purpose of serving in the military.

Today:Age requirementLicense, background checkCan’t use to commit crime or instill fear

Today there’s controversy about what the writers’ intent was and if intentions have been stretched.

2nd Amendment

-The right to bear arms

In peacetime we don’t have to shelter soldiers.

It would take congressional action to authorize quartering soldiers.

We have this b/c the Brits wereusing martial law and moving into colonists’homes after the Stamp Act. Based on the Quartering Act…

3rd Amendment

-No forced housing of soldiers

No soldier or gov’t official cansearch or take property w/ogood cause.

Search warrant must be present.

Judge must be convinced asearch will produce evidenceassociated with a crimeto grant a warrant.

4th Amendment

-no illegal searches or seizures

-right to privacy (implied)

5th Amendment

-due process – idea that all citizens are guaranteed fair treatment by the gov’t.

the gov’t/law must follow established legal procedures (arrest,

rights read, booked, informed of crime accused of, right to attorney…)-eminent domain – Power of the gov’t to take land from citizens when needed for

public benefit as long as the citizen is compensated must pay fair price for land/property-grand jury – Type of jury that determines whether there is enough evidence to

formally charge (indict) someone with the crime doesn’t determine guilt or innocence-no double jeopardy – one can’t be charged with the same crime after they have

been found not guilty by a jury of that same crime

-right to remain silent (to not incriminate one’s self: (“plead the 5th”) gov’t/law must follow established legal procedures (arrest, rights read, booked, informed

of crime accused of, right to attorney… no matter who you are or what you are accused of) Cant be forced to testify against yourself.

6th Amendment

-speedy public trial

CRIMINAL CASES!

-right to a lawyerCourt case: Gideon v Wainwright – guarantees you a lawyer even

if you can’t afford one

- right to a jury trial (jury of your peers)

-right to be informed of charges

- right to question all witnesses

RIGHT TO A SPEEDY TRIAL

Can opt out and get a trial by judge

Why? Quicker, and the lawyer may feelthat the judge’s decision will be betterthan what the accused might receivefrom a jury

7th Amendment

-Jury trial in all civil cases

8th Amendment

-no excessive bails and fines

Bail- sum of money used as a security deposit to insure accused shows up for trial

If returned for trial, money is returned and if you don’t show, the money is kept and another charge of failure to appear is issued

-no cruel and unusual punishments

*Called unwritten rights*The framers were not sure what would come up over time so they included a

rather “vague” amendment.

Includes:Right to marry whoever you choose

Right to attend college of your choiceETC…

9th Amendment

-all rights not listed are still protected

-all powers not given to the National Gov’t are reserved for the states

Called RESERVED powers or states’ powers!!!

Anti-feds happy!Prevents Congress and president from becoming too strong!

10th Amendment