Bill of Rights: The 1st Amendment

February 17, 2016

Anti-Federalists would NOT ratify Constitution unless Bill of Rights added

Bill of Rights: 1st 10 amendments to the Constitution

Rights of the PEOPLE Place limits on power of Gov’t

Amend: change/ addition 1st Amendment: freedom of EXPRESSION1. Religion2. Speech3. Press4. Assembly5. Petition the Gov’t

Freedom of Religion1. Establishment Clause: gov’t

cannot establish their own national religion

2. Separation between Church & State

o Government STAY OUT of Church

3. Right to practice religion as wisho As long as you DON’T BREAK

LAWS

Freedom of Speech Free to say whatever is on mind

without punishment from gov’t Includes: music, internet,

speaking, art, clothing, tattoos, etc. Not ABSOLUTE FREEDOM:

No endanger gov’t/people (ex: FIRE!!) Provoke riot Speech that leads to criminal acts Slander: spoken lies

Freedom of Press Gov’t cannot CENSOR

Censor: ban printed materials/ films because offensive

Newspapers, books, internet, movies, radio, TV, etc.

But… LIBEL: Lies that are PRINTED Cannot threaten National Security Print “obscene” materials

Bill of Rights Continued…February 18, 2016

Freedom of Assembly1. Right to gather in group

As long as peaceful (no riots)

Meetings, parades, rallies, celebrations, etc.

Rules about where/ when take place (i.e. permit) But…Gov’t CANNOT ban

2. Right to join club/ social groups

Political party; labor unions

Freedom to Petition Gov’t Petition: formal request

Signed document; email; letter

Complaint; recommendation Submit to gov’t President/ Congress

2nd Amendment: The right for citizens to bear ARMS• Weapons• Controversy: don’t specify TYPE of weapons3rd Amendment: don’t have to quarter soldiers• Don’t have to feed/ house soldiers during times of

peace• Unless homeowner wants to

4th Amendment: Protects unreasonable search & seizure

• Gov’t cannot search/ take without probable (valid) cause

• Need a search warrant (court order allowing search)• Need PROBABLE CAUSE for search warrant

5th Amendment: protects rights of ACCUSED criminals1. No one can be put on trial without indictment (formal

charge) 2. Double jeopardy: can’t be charged for the same crime

TWICE3. Right to remain silent: don’t have to say anything that

could incriminate you4. Due process: everyone entitled to legal process to

determine guilt/ innocence5. Eminent domain: gov’t cannot take property without

due cause and proper reimbursement • Has to be for public use• Must pay fair price to do so

Civil vs. CriminalFebruary 19, 2016

• Civil Case: Court case involving $$$

• Ex: Sue McDonald’s for $1 million• Criminal Case: Court case

involving criminal offense• Ex: 1st degree murder

Sixth Amendment (Criminal Cases)• MUST be told exact nature of crime charged with• Choice of trial by jury or judge• Trial must be speedy• Jurors must be impartial• Impartial: Non-biased/ fair• If possible – trial should take place in same area where

crime committed• Accused have right to hear & question all witnesses• Accused allowed to have own witnesses for their defense• Entitled to lawyer (supplied if you cannot afford one)Seventh Amendment (Civil Cases)• Jury trial allowed in Civil Cases if amount of money

involved is over $20 (Today: $75,000)

Eighth Amendment• Sometimes months before trial starts:1. Stay in Jail2. Remain free by paying bailBail: sum of money used as security deposit that you will

show up for court• If you show up to court, the bail is returned• If you refuse to show, the bail is forfeited to the courts• Judge determines bail:1. Type of crime committed2. Record of accused person3. Likelihood that accused will appear in court• Cruel and unusual punishment• Can be cruel, can be unusual – but can’t be BOTH

Ninth Amendment• States that citizens have other rights besides

the rights listed in the Bill of RightsTenth Amendment• Any right NOT listed in Constitution, are given

to the PEOPLE (states)• Example: Marriage; education