Bill of Rights

1. Bill of Rights The first 10 amendments to the Constitution

2. Why a bill of rights? • Added to the Constitution because Anti-federalists felt that certain protections were needed to ensure that the government couldn’t take away basic rights

3. 1st amendment • The 1st Amendment protects the people's right to practice religion • to speak freely • to assemble (meet) • to address the government (petition) • the press to publish (newspapers, TV, radio, Internet)

4. 1st amendment controversies • Speech restrictions • Clear and present danger • Can’t yell fire in a crowded room • Can’t threaten someone • Time, place, manner restrictions • Can’t say certain things in public • Curse, lewd language • Symbolic speech • Flag burning is legal and protected as free speech, only way it could be changed would be through a constitutional amendment • Student speech • Tinker v. DeMiones – nondisruptive speech aloud • Bethel v. Frazier- lewd speech not protected • Hazelwood v. Kuhlmeier – school can restrict written speech

5. 2nd amendment • The 2nd Amendment protects the right to own guns. .

6. 2nd amendment and NJ • Restrictions on right to bear arms • Age restrictions • States issue their own restrictions • Concealed weapons • NJ is a “may issue” state : the state can issue a permit to carry a concealed weapon to the following 2 groups • Professionals who need a gun can carry one to and from work out of plain view • Security guards, police, and other officials may carry concealed weapons • Wait time • At least 3 months with the background checks • Mental health, domestic violence, criminal record – you can be rejected for an of these

7. 3rd amendment • The 3rd Amendment guarantees that the army cannot force homeowners to give them room and board

8. 4th amendment • The 4th Amendment protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason).

9. 4th amendment and suspected terrorists • Terrorism and privacy • Searches : computer, library books, airports • Phone taps: warrantless taps • Profiling: should we target certain groups for increased scrutiny?

10. 5th amendment • The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused) • You may not be tried twice for the same crime (double jeopardy) • You don’t have to testify against yourself

11. 6th amendment • The 6th Amendment guarantees a speedy trial • an impartial jury • that the accused can confront witnesses against them • the accused must be allowed to have a lawyer

12. 7th amendment • The right to a trial by jury in civil cases • Cases where one person tries to get reparations from another for a perceived wrong doing • Money, property, ect • Think of the judge shows on TV

13. 8th amendment • The 8th Amendment guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines will not be set.

14. 8th amendment and the Death Penalty • NJ and 14 other states currently do not have the death penalty. • Alaska 1957, Hawaii 1948, Iowa 1965 , Maine 1887 , Massachusetts 1984, Michigan 1846, Minnesota 1911 , North Dakota 1973, Rhode Island 1984, Vermont 1964, West Virginia 1965, Wisconsin 1853, Washington, DC 1981, New Jersey 2007 , New Mexico 2009 • Is it cruel and unusual punishment? • Should it be allowed as a punishment for certain crimes? • Fl, Missouri, and federal gov’t allow it for drug trafficking • Several states allow it for child rape if it is the 2nd offense

15. 9th amendment • Rights not specifically listed in the Constitution cannot be denied to the people of the U.S. • Cited in Supreme Court cases that allowed for open access to contraceptives and a woman’s right to have an abortion

16. 10th amendment • The 10th Amendment states that any power not granted to the federal government belongs to the states or to the people.