Download Separate*but equal

Bill of Rights
Protecting the rights of the
citizens
After the Constitution
“We’re it left up to me to decide whether
we should have government without
newspapers or newspapers without
government, I should prefer the latter.”
~Thomas Jefferson
1787
After the Constitution
• 1791 BOR added to Constitution
• 1st 10 Amendments
• Fulfilled promise to Anti-Federalists
• Protect basic individual rights of citizens
– Civil Liberties: basic freedoms we have as
citizens to think and act without
government interference or fear of unfair
treatment
First Amendment
• 5 Basic Freedoms
– Religion
– Speech
– Press
– Assembly
– Petition
“Congress shall make no law respecting
an establishment of religion, or
prohibiting the free exercise thereof; or
abridging the freedom of speech, or of
press; or the right of the people
peaceably to assemble, and to petition
the Government for redress of
grievances.”
First Amendment to the Constitution of
the United States of America
Religion
• Congress cannot establish an official
religion (Establishment Clause)
• Citizens may practice their faith as they
wish
(Free Exercise Clause)
• Government cannot treat people
differently because of their religion
Speech
• Speech includes public or private
discussions, telephone conversations,
art, music, clothing, etc.
• Citizens may express their beliefs, even
if they are against the government,
without being jailed
Press
• Citizens can express their ideas and
opinions in the media (newspaper,
television, radio, Internet, etc.) without
the government censure or punishment
• Ensures that Americans are exposed to
many different opinions
Censure: preventing someone from writing
or saying something
Assembly
• Assembly: gather in a group
• Citizens may assemble peacefully
• Citizens have the right to attend
meetings, parades, political rallies &
celebrations
Petition
• Petition: formal request
• Citizens may petition the government
Limitations to the Amendment
Freedoms
• Citizens are guaranteed these freedoms as
long as they do not endanger our government
or other citizens
• Rights not protected:
– Provoke riot
– Speak or write in a way that leads to criminal
activities or efforts to overthrow the government
• Rights of one individual must not infringe on
the rights of others
– Ex. You may campaign but cannot disturb the
public or spread lies that harm a person’s
reputation (libel: written/slander: spoken)
2nd 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”
• Right of states to organize a militia
(today’s national guard in each state)
• Right to bear arms (can be regulated by
government, ex. license requirement)
3rd 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.”
• Government may not force people to
house/feed soldiers
4th 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, and no Warrants shall issue, but
upon probable cause, supported by Oath or
affirmation, and particularly describing the
place to be searched, and the persons or things
to be seized.”
• Government may not search a person or home
without a warrant & reasonable cause
Rights of the Accused
5th, 6th & 8th protect rights of the
accused
th
5
Amendment
“No person shall be held to answer for any
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.”
• Protects the rights of the accused including:
Rights protected by
Amendment
th
5
• Due Process: No trial may be held
unless person is charged/indicted by
grand jury
• Double Jeopardy: person may not be
tried more than once for same crime
• Accused person may not be forced to
testify against themselves
• Eminent Domain: No one may be
deprived of their property by the
government without compensation
6th Amendment
“In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by
an impartial jury of the State and district
where in the crime shall have been committed,
which district shall have been previously
ascertained by law, and to be informed of the
nature and cause of the accusation; to be
confronted with the witnesses against him; to
have compulsory process for obtaining
witnesses in his favor, and to have the
Assistance of Counsel for his defense.”
• Provides additional protection to accused
including:
Rights protected by
Amendment
th
6
• Accused must be informed of the charges
• Accused must be given speedy and
public trial by impartial jury
• If possible, trial must be held in place
where crime took place
• Accused is entitled to a lawyer and
witnesses for his/her defense
8th Amendment
“Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.”
• Bail may not be excessive
• Forbids cruel, unusual punishment
7th 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
reexamined in any court of the United
States, than according to the rules of the
common law.”
• Right to trial by jury in civil cases
involving more than $20
9th Amendment
“The enumeration in the Constitution, of
certain rights, shall not be construed to
deny or disparage others retained by the
people.”
• Citizens have rights that are not listed
in the Constitution
• Ex. right to privacy
10th 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.”
• Powers not listed in the Constitution belong to
the state governments
***RESERVED POWERS
• Ex. establishing/managing school systems
Civil War Amendments
• 13th (1865) officially outlawed slavery
• 14th (1868) all people born or naturalized
in the US were citizens & entitled to
equal protection under the law
• 15th (1870) no state may take away a
citizen’s right to vote based on their
color, race or previous enslavement
Other Amendments
• 17th: Allowed citizens to elect Senators
• 19th: Women’s right to vote (suffrage)
• 23rd: Washington, D.C. residents right to
vote in national election
• 24th: Outlawed poll tax (way to
discriminate against poor blacks)
• 26th: Changed voting age from 21 to 18
(after Vietnam War)