THE BILL OF RIGHTS

A POWER POINT LECTURE

The First AmendmentCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Meaning: Establishes separation of church and state, freedom of religion, speech, press, assembly and petition.

The First Amendment

First Amendment CasesThere have been many Freedom of Speech Cases. Just a few follow.

Schenk V. United States (1919)

Charles Schenk was passing out a flyer on the street in front of an Army recruiting office. The flyer attacked the policy of drafting men to serve in the armed forces during World War 1. He was arrested under the Espionage Act of 1918, which outlawed any act that hindered the U.S. war effort. Schenk claimed he was utilizing his freedom of speech and challenged the arrest. The Supreme Court ruled that Schenk could be arrested and his actions were not protected by “Freedom of Speech.” Chief Justice Oliver Wendell Holmes explained that, “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic.”

Freedom of speech does not allow individuals to make statements that could be dangerous to others.

Anarchist Rally in NYC, 1914

Freedom of SpeechChaplinsky v. New Hampshire (1942)

Chaplinsky was standing on the street in front of the City Hall and passing out flyers condemning some of the decisions made by the Town Council. When some of the members walked by Chaplinsky called them fascists. He was arrested, he challenged the arrest under freedom of speech. The Supreme Court ruled that freedom of speech does not allow a person to use “fighting words.” Words that by their nature are so offensive they would incite someone to fight.

Freedom of speech does not allow you to call other people names.

Freedom of Speech

During the 1984 Republican National Convention in Dallas, TX, a political demonstration was held to protest US policies. During the demonstration, a young man, Johnson, took an American flag, put kerosene on it and burned it.

What do you think?

Freedom of Speech

Texas v. Johnson (1989)

The Supreme Court ruled that his actions were protected by freedom of speech since he did not cause a potential danger to anyone else.

Freedom of ReligionIn Charleston, WV, Marie and Gatha Barnett were sent to the principal’s office when they refused to salute the flag and say the Pledge of Allegiance. As Jehovah’s Witnesses, the girls had been taught that saluting the flag would violate the biblical command to worship “no graven images” – images that are not sacred, including flags.

What do you think?

Freedom of ReligionWV State Board of Education v. Barnett (1948)

(& Minersville Schl Dist v. Gobitas (1940))

The Supreme Court ruled that no religious group could be forced to say the pledge if it conflicted with their religion.

Separation of Church and State

New York state wanted students to say a voluntary prayer every morning at the start of school. A group of parents challenged this law on the grounds that it violated the separation of church and state.

What do you think?

Engel v. Vitalie (1962)

Separation of Church and State

The supreme court sided with the parents saying, “It is in no way the business of a public facility to sponsor religious activities.”

The Second Amendment

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

Meaning: The people have the right to defend themselves by joining in a well-regulated militia.

To arm that militia, the people have the right to bear arms. Courts have ruled that the militia, not individual citizens have the right to bear arms.

Right to Bear ArmsAuthors of the Bill of Rights wanted to protect state militia- to guard against federal power

With increased gun violence, this right has been argued. In 1939, the Supreme Court was clear in US vs. Miller: the gun owner must have “some reasonable relationship to the preservation and efficiency of a well-regulated militia” or “ that it’s use could contribute to the common defense.”

The Third Amendment

No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

Meaning: The government can only put soldiers in our homes in time of war.

The Fourth Amendment

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated.

Fourth Amendment Continued

Meaning: Protects Americans from unreasonable search and seizures. Police must have a warrant issued by a judge, or written court order. A warrant can be issued only if there is probable cause. It must name the place to be searched and the things to be seized. Evidence taken unlawfully cannot be used.

Search and Seizure

Police officers in Cleveland, OH went into a woman’s home. The said they were looking for a man to question him about a recent bombing. They were also looking for evidence of gambling.

While the officers waited outside, the woman called her lawyer. She then refused to allow the police to enter and, apparently, they had no search warrant. They broke in and searched the house where they found books and papers which they claimed were obscene. They arrested her for possession of obscene material, a violation of a state law.

Did they have the right to enter? Is the evidence they found useful?

Search and Seizure

Mapp v. Ohio (1961)

The Supreme Court ruled that the evidence was wrongfully obtained and therefore could not be used against Mapp. From now on state and local enforcement agents had to use a warrant to search a premises.

Search and Seizure Example 2One day a police officer was patrolling in NYC. Between 4pm and midnight he was a man speak with 6 or 8 persons. The officer knew those persons were drug addicts. He did not hear the conversations. He did not see the man hand anything to them or take anything from them. In the late evening, the officer entered a restaurant. He was the man speak with 3 other men he knew were drug addicts.

The officer went up to the man and said, “You know what I’m after.” At the same time the officer put his hand in the man’s pocket and pulled out several thin, translucent envelopes. They turned out to be cocaine. The man was arrested for possession of cocaine, a violation of a state law.

What do you think?

Search and Seizure Example 2

Sibron v. New York (1968)

The Supreme Court ruled in favor of the man, stating that the police had no right to search him.

What did they need to search him?

Fifth AmenmentNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in

jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Fifth Amendment

Meaning: People accused of crimes have several rights, including: an indictment by a Grand Jury, protection against Double Jeopardy, they cannot be forced to self-incriminate, protected by due process, and the amendment says government must give just compensation for property taken for public use.

Self-IncriminationCan you finish the phrase: “You have the right to

remain silent…)?

Miranda v. Arizona (1966)

Ernesto Miranda was arrested for raping an eighteen year old girl in Arizona. He was questioned for two hours and then signed a confession. His confession and other statements were used against him in trial. He argued that this violated his fifth amendment protection against self-incrimination. The Supreme Court ruled that because Miranda was not advised that what he was saying to the police could be used as evidence, the confession was wrongfully obtained. That is why, if you are arrested the Police read you your Miranda rights, which begin.. “You have the right to remain silent…”

Sixth Amendment

Meaning: Persons accused of crimes have the right to a speedy and public trial, by an impartial jury, in the area where the crime was committed. The accused must be informed of the crime being tried for, must be confronted by his accuser, has the power to force witnesses to testify on his behalf, and has the right to legal counsel.

Jury of Your Peers

Norris v. Alabama (1935)

Clarence Norris was accused of raping a white woman and convicted by an all white jury. He presented evidence that no blacks in the county he was from were ever called for jury duty. He argued that this violated his right to a jury of his peers.

What do you think?

Jury of Your PeersThe Supreme Court ruled that because no blacks were ever called to serve on a jury, Norris’s right to a jury of peers had indeed been violated.

Fair and Speedy TrialLoud Hawk v. Oregon (1986)

Four men were arrested in Oregon in 1975 for transporting illegal explosives. The trial was delayed for years as both the prosecution and defense argued about procedure and evidence. Finally the defendants claimed that their right to a speedy trial had been violated by the delays.

The Supreme Court ruled that because the delays were caused by both the defense and the prosecution their speedy trial rights had not been violated.

Seventh Amendment

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Seventh Amendment

Meaning; Persons involved in civil cases have the right to a jury trial if they wish.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Meaning: Bail must be set at a rate that fits the crime. Convicted criminals cannot be tortured or inhumanely treated.

Cruel and Unusual PunishmentFrancis v. Louisiana 1946)

In November of 1944, a druggist in St. Martin, Louisiana was found shot in his store. Francis was found in Texas with the man’s car and his wallet. Francis signed a confession to the murder, was returned to Louisiana, convicted of murder, and sentenced to the electric chair. At the appointed time, Francis was strapped into the chair, and the switch was thrown. Francis snapped back in the chair, moaned with pain and actually moved the chair. He didn’t die. He was re-strapped into the chair and the switch was pulled again. His body writhed with pain but again he did not die. The Sheriff said the execution would have to be rescheduled till the chair could be replaced. Francis' attorney claimed this was cruel and unusual punishment and that rescheduling the execution was a violation of his protection from double jeopardy.

What do you think?

Cruel and Unusual Punishment

The Supreme Court ruled that the malfunction was not an intentional occurrence and that the execution could be rescheduled. Francis was returned to the chair on a later date and this time the execution was successful.

Ninth AmendmentThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Meaning: The people have rights that are not listed in the Constitution. This amendment was added because some people feared that the Bill of Rights would be used against the state governments and to say only the actually listed Rights were protected.

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.Meaning: Powers not given to the federal government belong to the states.

But Wait…

There’s More

13th and 14th Amendments

After the Civil War, the practice of slavery was outlawed by the 13th amendment.

The 14th amendment says that states cannot take away your rights without due process of the law and guarantees all citizens equal protection of the law.

References: Letter from Billy Gobitas, Retrieved 25 Feb 2009 from: http://www.loc.gov/exhibits/treasures/images/tlc0220.jpg

Anarchist Rally pic, Retrieved 25 Feb 2009 from: http://www.pbs.org/wnet/supremecourt/capitalism/images/schenck.jpg

Child Praying pic, Retrieved 25 Feb 2009 from: http://www.constitutioncenter.org/timeline/flash/assets/asset_upload_file562_12288.jpg

Colonial with rifle pic, Retrieved 25 Feb 2009 from: http://www.rants.us/CMImages/Rants/Right+to+Bear+Arms%5B1%5D.jpg

Hand gun and Constitution pic, Retrieved 25 Feb 2009 from: http://www.justicetalking.org/images/features/070618_SacredRight2.jpg

Ernesto Miranda pic, Retrieved 25 Feb 2009 from: http://www.pbs.org/wnet/supremecourt/timeline/images/timeline_pic17.jpg

Jeff Harris, Thomas Middle School, Feb 2009