Bill of Rights

Bill of Rights

​The Bill of Rights is the first 10 amendments to the Constitution. Remember that these amendments are different from the rest because they were passed all at one time in fulfillment of the promise to add protections for individual rights.

​You should recall from our earlier study that the individual rights and freedoms laid out in the Bill of Rights are called civil liberties. These rights and freedoms can't be taken away by the government without a good (legal) reason. The purpose of the Bill of Rights is to limit the government's power.

​FIRST AMENDMENT

• ​freedom of religion

• ​freedom of speech

• ​freedom of the press

• ​freedom of assembly

• ​freedom of petition

​The first amendment is packed with some of our most important individual freedoms.

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​Freedom of religion has 2 aspects.

​The establishment clause says that the government cannot require citizens to belong to a particular religion.

​The free exercise clause says that the government cannot prevent citizens from practicing their religion as they wish (as long as the actions are otherwise legal.)

​One important Supreme Court case related to freedom of religion is Engel v. Vitale, in which the Court ruled that public school students cannot be required to participate in prayer at school.

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Multiple Select

Which actions are students PERMITTED to engage in at school?

• prayer

• meditation

• Bible reading

• Qur'an reading

• religious clubs

​Freedom of speech and freedom of the press are also guaranteed by the First Amendment. They are closely related; both limit the government's ability to control our right to express our beliefs. Some types of speech and press are not protected - libel (printing something untrue about someone that damages their reputation) and slander (saying something untrue about someone that damages their reputation.) These rights protect speech and press even if it criticizes government.

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​An important case related to freedom of speech is Tinker v. Des Moines, in which the Supreme Court ruled that speech isn't only that which is spoken. Speech can also be symbolic.

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​In the case Hazelwood School District v. Kuhlmeier, the Supreme Court ruled that schools can decide if content of student newspapers is appropriate.

Multiple Choice

Which type of speech or press would the government be able to limit?

• criticism of the president

• threats to national security

• negative campaign ads

​Freedom of assembly means that citizens have the right to meet peacefully in groups, even if they are meeting to talk about the government. It protects our right to demonstrate publicly as long as we follow the laws that apply to that type of meeting.

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​Freedom of petition protects our right to ask the government to consider an issue. It means we don't have to wait until the government decides to deal with it. We can require them (by petition) to hear our concerns.

Multiple Select

Which actions would be permitted under freedom of assembly?

• peaceful demonstration on public property

• blocking a street

• protesting a law enforcement action

• damaging public statues

​The 2nd Amendment says that we can bear arms (guns). Remember that the interpretation of this amendment has changed over time. Its original purpose was to make sure we could protect ourselves from threats like the British in the Revolutionary War. Its modern-day interpretation is that government cannot take away citizens' rights to own guns. Government can, however, place regulations on that right.

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​In Nunn v. Georgia, the Supreme Court ruled that a state law that banned handguns was unconstitutional because of the 2nd Amendment.

Multiple Select

What is usually regulated by gun laws?

• age limits

• types of guns

• criminal record of buyer/owner

Multiple Choice

What is the legal age for purchasing a handgun in Virginia?

• 18

• 21

Multiple Choice

What is the legal age for purchasing a rifle in Virginia?

• 18

• 21

​The 3rd Amendment prohibits the government from taking your house for use by the military in peacetime. It also says if the government needs to do it in wartime, it must follow the laws. This sounds strange to us. It's in the Bill of Rights because it was common practice of the British military during the Revolutionary War and the American property-owners weren't compensated.

​FOURTH AMENDMENT

This amendment protects against unreasonable search and seizure.​ It means that the government can't search or take your property without a valid reason. Searches require a search warrant.

​A warrant is a legal order that lists what location is to be searched and what property may be seized. In order to get a search warrant, law enforcement must prove to the court that there is a reason (probable cause).

Multiple Choice

If a law enforcement officer enters with a warrant looking for stolen weapons and finds drug paraphernalia, can the officer act on the drug paraphernalia?

• yes

• no

• maybe

​FIFTH AMENDMENT

​This amendment protects several important rights of accused individuals.

• The government must prove it has a reason to hold you.

• ​Double jeopardy (more than one trial for the same offense) is not allowed.

• You are not required to give evidence against yourself.​

• You must be given due process.​

• Government cannot take your personal property without compensating you for it (eminent domain).

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A famous Court ruling in Miranda v. Arizona required that law enforcement informs you of your rights when arresting you.​

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Multiple Choice

If you are on trial for assault, can the prosecuting attorney require you to take the witness stand and be questioned?

• yes

• no

• ​You are guaranteed a speedy, public trial.

• You are guaranteed a jury trial.

• ​You must be told of all charges against you.

• ​You have the right to question witnesses against you.

• ​You have the right to call witnesses in your favor.

• ​You have the right to be represented by an attorney.

Multiple Choice

If you don't want an attorney, can you represent yourself in court?

• yes

• no

​The 7th Amendment says you have the right to a jury trial if someone sues you.

• ​no excessive bail (money paid to the court to make sure you show up for trial)

• ​no excessive fines

• ​no cruel or unusual punishments

​The 8th amendment says the punishment must fit the crime.

​A recent important case related to the 8th Amendment is

Timbs v. Indiana.

Multiple Choice

How many states still use the death penalty for the most serious crimes?

• 15

• 27

• 42

Multiple Choice

Does Virginia have the death penalty?

• yes

• no

Multiple Select

Which methods of capital punishment are still permitted?

• lethal injection

• electrocution

• firing squad

• hanging

​NINTH AND TENTH AMENDMENTS

​These amendments state that the Bill of Rights doesn't list ALL the people's rights. They also say that the rights not listed in the Bill of Rights belong to the people or to the state governments.