Bill of Rights

Bill of Rights

by Ray Fortune

Poll

Which is more important to you? Your rights or your safety?

• Rights

• Safety

• Unsure

​Bill of Rights - Why?

• ​Demanded by Anti-federalists to protect the rights of citizens before they would support the Constitution.

​Amendment 1

​Guarantees freedom of:

• Religion

• Assembly

• Press

• Petition

• Speech

Amendment 2

​Protects:

• Right of the states to maintain a militia (national guard)

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• Citizens’ right to own guns

​Amendment 3

• House soldiers in people's homes

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• Written in response to the Quartering Act

​Amendment 4

• ​Protects against unreasonable searches and seizures

• Authorities cannot search your house without a warrant.

Rights of the Accused

• ​Amendments 5 – 8 are known as “Rights of the Accused.”

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• They protect rights of  citizens accused of a crime.

​5th Amendment

• ​Can’t be deprived of “life, liberty, or property,” without due process (fair treatment)

• People can’t be forced to testify against themselves.

• Prevents double jeopardy (being tried twice for the same crime)

• Deals with eminent domain (government’s right to take your property)

​6th Amendment

• ​Guarantees the right to a speedy jury trial in a criminal case

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• Provides the right to an attorney (lawyer)

​7th Amendment

• ​Guarantees right to a jury trial in certain civil cases.

• A civil case is a private, non-criminal lawsuit, usually involving private property rights.

​8th Amendment

• ​Protects against excessive bail, or cruel and unusual punishment

• Bail is a sum of money that an arrested person or someone else puts forward as a guarantee that the arrested person will attend their trial in a law court.

​9th Amendment

• ​People’s have other rights not listed in the Constitution.

• This is an example of popular sovereignty (power belongs to the people)

​10th Amendment

• ​Federal government has only the powers specifically granted by the Constitution.

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• All other powers are given to the states or the people.

• This is an example of federalism (power divided and shared between the states and federal government.

​Scenario 1

​Gennie, an eighteen-year-old college student, is arrested for stealing a classmate’s designer sweater and selling it on eBay. When Gennie appears before the judge, she asks for a lawyer to help defend her. The judge tells Gennie that if she is smart enough to be in college, she knows enough to defend herself. Besides, she is not charged with a felony, so the stakes are not very high.

​Violation of the Sixth Amendment right to have a lawyer

​Scenario 2

• ​Susette bought a house and spent years restoring it. She loves her home. One day, she gets a notice that the local government is going to take her property in order to turn her land over to a private company. The local government says it can take Susette’s home because the new jobs and tax revenue created by the company will benefit the public.

​May depend on state law, the Supreme Court ruled that the Fifth Amendment may be used if property taken for private, not public, redevelopment benefits the public. However, several states have passed laws making it illegal to use imminent domain to  take property for private development.

​Scenario 3

​▶Carolyn is arrested for shoplifting a candy bar from a grocery store. At trial, she is found guilty. the judge decides that the right punishment is to cut off Carolyn’s hands so she will not be able to shoplift again.

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​The eighth amendment to the Constitution prohibits cruel and unusual punishment.

​Scenario 4

​Congress wants to find ways to cut costs because of the soaring budget deficit. Congress passes a law to require American citizens to house US soldiers in their homes during peacetime.

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Violation of the Third Amendment which reads, “No soldier shall in time of peace be quartered in any house, without the consent of the owner.”

​Scenario 5

​▶Brett’s science teacher asks the class to exchange papers to correct last night’s homework. Brett refuses to let anyone except the teacher see his homework paper, and Brett is sent to the principal.

​Scenario 6

​▶Concerned about rising crime, lawmakers for the District of Columbia ban all handguns in the city and require that shotguns be kept unloaded and or disassembled.

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​Violation of Second Amendment right to bare (own) arms

​Scenario 7

​John, a fourteen-year-old public school student, wears a shirt to school that says “Give Peace a Chance” to express his belief that war is wrong. His dean tells him he must change his shirt or be suspended from school. John refuses and is suspended for one week.

Maybe a violation of First Amendment freedom of speech, but school officials may restrict student expression that would “materially and substantially” disrupt school discipline

​Scenario 8

​Thirteen year old Marianne is a freshman in high school. She is an honor student and wants to sing in the choir. When she arrives at choir practice, the teacher tells her she must take a drug test if she wants to participate in any extracurricular activities. Marianne refuses and is kicked out of choir.

​Scenario 9

​A man suspected of a violent crime is brought into the police station. The alleged victim picks him out of a lineup as the man who attacked her. Police inform him that he has the right to refuse to answer questions, but they do not offer to let him speak to a lawyer. After being questioned for two hours, the man admits the crime.

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​Violation of Fifth Amendment limits against self-incrimination & Sixth Amendment right to an attorney. 

​Scenario 10

​Elizabeth is twelve years old. Her parents are very religious, but she is not. Once a week, Elizabeth’s parents make her come with them to their place of worship. Elizabeth says she doesn't want to go, but her parents make her come with them anyway.

​The Bill of Rights protects people from the actions of government, not parents.

​Scenario 11

​Members of Congress are unhappy with students’ standardized test scores. They pass a federal law that abolishes local school boards and requires a national, standardized curriculum.

​Violation of the Tenth Amendment reservation of powers to the states and the people.

​Scenario 12

​A public school principal smells smoke in the hallway and believes its coming from the girls’ bathroom. She walks into the bathroom and finds Susan standing by the sink.  She suspects Susan has been smoking and demands to search her purse for cigarettes or other evidence of smoking.

​School officials can conduct searches of students’ belongings if they have “reasonable suspicion” of wrongdoing

Poll

Ben Franklin said, "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."

Do you agree or disagree?

• Agree

• Disagree

• Unsure