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The Bill of Rights

The Bill of Rights. Amendments 1 -10. 1 st Amendment. Freedom of Speech Press Religion Assembly Petition. Freedom of Religion. Establishment Clause: Creates a separation of church and state Free Exercise Clause: Protects people’s right to believe what thy wish in matters of religion.

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The Bill of Rights

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  1. The Bill of Rights Amendments 1 -10

  2. 1st Amendment • Freedom of • Speech • Press • Religion • Assembly • Petition

  3. Freedom of Religion • Establishment Clause: • Creates a separation of church and state • Free Exercise Clause: • Protects people’s right to believe what thy wish in matters of religion

  4. Speech & Press • Guarantee the right to speak, write, and symbolically communicate most ideas • Ensure people’s rights to hear those ideas

  5. Press and Speech • Slander: • False SPEECH intended to hurt a person’s reputation • Libel: • False written word intended to hurt a person’s reputation

  6. What is not protected? • Endangering Nation’s safety • Violating another person’s individual rights • Example: Fire & Bomb

  7. Assembly & Petition • Protect the people’s right to assemble peaceably to express their views • Ensure people’s right to bring their views to public attention

  8. 2nd Amendment • Right to bear arms • Individual or state militia? • Brady Bill (November 30, 1993) • Waiting Period • Criminal Background Check

  9. 3rd Amendment • Quartering of Troops • Why did the framers put this into the Constitution? • Are we concerned with this amendment today? • Forgotten Amendment

  10. 4th Amendment • Protects against unreasonable searches and seizures • Search or arrest must be based on probable cause • Search or arrest requires a search warrant / arrest warrant • Reasonable suspicion

  11. Probable Cause • Police must have evidence to believe that a person is linked to a crime • Search warrant

  12. Reasonable Suspicion • Police must have reasonable basis to search • Car • Stop & Frisk on the street if officer feels that someone is a threat

  13. Reasonable Suspicion in School • Teachers & Administrators • Backpacks • Lockers • Cars • Anything on school property

  14. Habeas Corpus Eminent Domain Double Jeopardy Ex Post Facto Grand Jury Self Incrimination Miranda Rights Due Process 5th Amendment

  15. Habeas Corpus • Latin for “ They shall have the body” • You can be kept in jail until your trial or hearing legally without bail • Danger to yourself • Danger to the public • Commit another crime • Not return for your trial (flight risk)

  16. Eminent Domain • Government can take your private property for public use. They must pay fair market value • Example: Grandma lives on 20 acres in the center of Anytown, USA. The government of Anytown decides that they would like to put a park where Granny’s house is. They can do it!

  17. Due Process • Government must follow constitutional procedures in trials. • No loss of life, liberty, or prosperity with out due process • Warrant – Arrest- Miranda Rights – Hearing – Trial – Incarceration

  18. Ex Post Facto • After the fact • Example: Today the federal government makes it illegal to eat a Snickers bar. • Are you breaking the law if you eat a Snickers today? • Are you breaking the law if you ate a Snickers yesterday?

  19. Grand Jury • Jury of 12 to 15 members • Decide whether there is enough evidence to hold a trial

  20. Self Incrimination • You do not have to bear witness against yourself • Immediate family are also included • Plea the 5th

  21. Double Jeopardy • Can’t be tried twice for the same crime

  22. Habeas Corpus Eminent Domain Double Jeopardy Ex Post Facto Grand Jury Self Incrimination Due Process Miranda Rights 5th Amendment Review

  23. Speedy Public Trial Right to a Jury Trial Right to a Lawyer court appointed if you can not afford one Accused can ask to be tried by Judge Change of Venue: Move to another location if the accused feels won’t have a fair trial in original location 6th Amendment

  24. Miranda Rights 5th & 6th Amendments – Due Process & Rights of the Accused • Established by the Supreme Court case Miranda v. Arizona • The court has ruled that nothing an arrested person says can be used against them in a trial unless they are told they have certain rights. • Included are the right to remain silent & the right to a lawyer

  25. 7th Amendment • Jury trial in Civil Suits that are for more than $400.00 • 1791 dollars vs. 2004 dollars • Civil Suit: One person suing another – no crime has been committed • Example: Judge Judy

  26. 8th Amendment • Prohibits excessive bail or fines – Must match the crime • Prohibits cruel and unusual punishments • Cutting off your hand for stealing • Stocks • Guillotine • Stoned to death

  27. 9th Amendment • Rights that are not stated in the Constitution are given to the people • “People Powers” • Too many to list in the Constitution • Un-enumerated Rights

  28. 10th Amendment • Powers that are not delegated to the National government or denied to the states are reserved to the states • “State’s Rights” • Reserved Powers • Education – Police - Fire

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