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The Bill of Rights

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Daniel Pearson

on 10 April 2013

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Transcript of The Bill of Rights

The Bill Of Rights Freedom of religion, speech (expression), the press, assembly and petition The First Amendment The right to keep and bear arms The Second Amendment Freedom from housing soldiers in your home The Third Amendment Freedom from illegal searches and seizures The Fourth Amendment Freedom from self-incrimination and double jeopardy The Fifth Amendment The right to a speedy trial by jury and the right to have an attorney The Sixth Amendment The right to a civil trial The Seventh Amendment Freedom from excessive bail and cruel and unusual punishment The Eighth Amendment People have other rights than those that are listed in the Constitution The Ninth Amendment Historical Examples Rights not specifically given to the national government in the Constitution are reserved for the states The Tenth Amendment In Context "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The Five Freedoms Original Intent "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." "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." An example of a right not mentioned in the Constitution is privacy. The Ninth Amendment ensures privacy in our homes, of our medical records,and freedom from government interference in our personal choices. The purpose of the Ninth Amendment is to make it clear that people have rights beyond those clearly listed in the Constitution. This amendment was crucial in getting the support of the Anti-Federalists to ratify the Constitution. The Anti-Federalists were worried that personal rights weren't protected. This amendment is the protection of those rights. The Tenth Amendment states that any powers not specifically delegated to the national government are state powers. Many states today have legalized medical marijuana, and the federal government can not prosecute users in states where it is legal because it is a states right. The Tenth Amendment is the source of Reserved Powers: those that are saved for the states. written or spoken religious meetings, writings, speeches any religion news that is written, televised, on the Internet, etc. meet and protest asking the government for change Freedom of Religion Freedom of Assembly Freedom of the Press Freedom of Speech Tinker v. Des Moines (1969) Freedom to Petition The Third Amendment has never been challenged. No quartering has been attempted in this country since the American Revolution when we were still a part of England. - Prohibits Congress from establishing an official religion.
- Protects the freedom of Americans to practice their faith as they wish.
- The government cannot favor one religion over another.
- The government cannot treat people differently because of their beliefs. - Freedom of Assembly allows Americans the right to gather in groups, for whatever reason, so long as that gathering is peaceful.

- We can gather together to express our thoughts and opinions no matter how offensive or unpopular others may find our message.

- The government can control when and where any assembly can take place.

- This guarantee also protects "freedom of association. That protects our right to form and join social clubs, political parties, and other organizations. Even if we never gather together with these groups, we have a right to belong to them. - Freedom to petition means that you have the right to make a request of the government. It can be as simple as an email or a letter, or as formal as a document signed by thousands of people.

- This freedom offers you the right to express your ideas, or complaints, to the government. You may be a lone voice or perhaps joined by others across the state or nation. Either way, you have a right to be heard. - Americans can express themselves in print as well as in speech. Originally, "press" referred to books, newspapers, and other printed publications. In latter years, it also includes other types of media unforeseen by our founding fathers such as radio, television, and computers.

- Freedom of the press ensures that people are exposed to a wide range of viewpoints, even if we might disagree with them.

- The government cannot practice censorship - banning printed materials or films just because we find them offensive or alarming. - The First Amendment guarantees that we can say what is on our minds, in public or private, without fear of punishment by the government.

- Includes discussions, telephone conversations, lectures, radio, and other forms of spoken words.

-Also covers other forms of "expression" such as art, music, clothing, and internet communication. Commonly referred to as "Freedom of Expression." Mary Beth Tinker, her older brother, and another student were suspended from school for wearing a black armband to school in protest of the Vietnam War. The Des Moines, Iowa, school board said that the armbands disrupted the educational process. The students took their case to the Supreme Court claiming that suspending them was a violation of their freedom for expression (speech). The court agreed, saying that the armbands were protected by the First Amendment's "Freedom of Expression." Think about it... orderly, trained army of regular people protection of the people and the Constitution own and carry firearms messed with Think About It... No police officer, government agent, or soldier can search you, your property, or your home, or take your property, without good cause.

If a law enforcement officer has good reason to believe you have committed a crime, they can ask a judge to issue a search warrant.

In order to obtain a warrant:
The law enforcement officer must describe in detail the place to be searched and what they believe they will find.
The officers cannot use a warrant to "shop" for evidence of wrongdoing.
The law enforcement officer must swear under oath that he is telling the truth.
The judge must be convinced that the search will uncover evidence of criminal activity. Unreasonable Searches and Seizures No person shall be held to answer for a 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 offense 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. Huh? No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury = You can't be taken to trial for a really big crime without being indicted by a
Grand Jury. Formally accused A jury that decides if there is even enough evidence to have a trial. 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; = The military has special rules about their trials. During a war, they are allowed to rush the trial process a little bit. nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; = This is the double jeopardy clause. If you go to trial for a crime but you are found not guilty at trial, you cannot go to trial for the same crime again even if they find more evidence you did it. nor shall be compelled in any criminal case to be a witness against himself, = Self-incrimination is when you say something that makes you sound guilty. You can't be forced to do this when the police are questioning you. nor be deprived of life, liberty, or property, without due process of law = The police cannot hold you in jail or prison unless you have been given
due process. All your rights are respected after your arrest nor shall private property be taken for public use, without just compensation. = If for some reason your property needs to be taken so it can be used by the government, they must pay you
"fair market value." Whatever your stuff is worth
(not necessarily as much as you want) So... You have the right to remain silent. Anything you say can and will be used against you in court. You have the right to have an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been given to you? The police do NOT have to tell you...
They can lie to you to get a confession from you.
if you stop the questioning that cannot be used as a sign of guilt in trial.
you can have your lawyer answer all the police's questions for you. Your rights only have to be read if you are placed under arrest. It is up to YOU to know these things. before your trial after your trial Know Your Rights Pleading the Fifth Refusing to say something that would incriminate yourself 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 wherein 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 defence. Speedy Trial Public Trial Impartial Jury Right to Confront Witnesses Right to Counsel The time between your arrest and trial is not to exceed one year unless there is a good reason or you agree to the delay. All defendants are allowed to have a public trial. It cannot be done in secret. You have the right to a trial by an impartial jury of your peers. Notice of Accusation If you are accused of a crime you have a right to know exactly what you are accused of doing. You have a right to hear and question all witnesses against you. You also have a right to call witnesses in your defense and compel them to testify. You have the right to have a lawyer even if you can't afford one.
The lawyer you are given will not charge you any money. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Bail An amount of money paid to the court to allow you to remain free while you await trial. Forbids Excessive and Cruel and Unusual Punishment Your punishment depends very much on the severity of your crime. Your punishment cannot be too harsh for the crime you commit.

Excessively cruel punishment
is not allowed. Is the death penalty cruel and unusual? Is the right to keep and bear arms a collective right (meant just for militia purposes), or is it an individual right that every American citizen has?
Can there be a middle ground where the ownership of guns might be limited without being prohibited? "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." a good enough reason before a judge Freedom to Petition Think About It . . . .
Freedom of Assembly If anyone can meet for any reason, does that mean they could hold a KKK rally in Beaver Dam? Prohibits Excessive Bail Bail cannot be set too high for a given crime. Which is more important . . . preserving an individual's personal freedoms or protecting America as a whole? "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 re-examined in any Court of the United States, than according to the rules of the common law." Civil Law Cases where people sue each other. The outcome of a civil lawsuit is money damages. Criminal Law Cases where a law is broken, usually posing a danger or threat to other people. Penalties can result in jail or prison sentences. What was the framer's original intent for the Second Amendment? Some of our Founding Fathers feared the power of a standing army (remember their difficulties with the British Army leading up to the Revolutionary War). In order to prevent a large national army, it was necessary to have local militias ready to defend the nation in times of trouble. Thus, people had to keep their own arms in their homes ready to fight if need be. Citizens who believe in this interpretation might read the Second Amendment as a whole. What was the framer's original intent for the Second Amendment? Other Framers of the Constitution feared that disarming the population would lead to the possibility of the national government abusing its power. Without being armed, the public would have no means with which to fight back against what may become unjust laws. Citizens who believe in this interpretation might read the Second Amendment disregarding the first clause. A court order allowing law enforcement officers to search a suspect's home or business Challenge Question: Can you pray in school? Challenge Question: Which is more important . . . preserving an individual's personal freedoms or protecting America as a whole? Challenge Question: Is the death penalty cruel and unusual punishment? eminent domain "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." "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." Limitations to Freedom of Speech We cannot endanger our government or other Americans.
We cannot tell lies about someone that hurts their reputation (slander).
We cannot make threats.
We cannot swear.
We cannot provoke riots. Limitations to Freedom of Religion A religion cannot force its values and beliefs on others.
In its practices, it cannot physically hurt others who do not want to be hurt. Limitations to Freedom of the Press We cannot endanger our government or other Americans.
We cannot print lies about people that will hurt their reputation (libel).
We cannot make threats.
We cannot provoke riots. Challenge Question: Does that mean that the Ku Klux Klan (KKK) could hold a membership rally in Beaver Dam? Limitations to Freedom of Assembly We must have the proper permits, when required.
We cannot violate others' rights.
We cannot endanger others or our government.
We cannot cause violence or provoke riots. Limitations to Freedom to Petition We cannot endanger our government or other Americans.
We cannot tell lies about other people (libel).
We cannot make threats.
We cannot curse in public.
We cannot provoke riots. Challenge Question: Under the First Amendment, can you, as a joke, yell FIRE in a theater? So are you confident in your Privacy in the United States? The following sources of your personal information are NOT necessarily subject to privacy under the Fourth Amendment:
Your Library Records and Searches
Internet Databases such as Google or other search criteria
Anything you post to the Internet: Facebook, Social Networking Sites
Video Game conversations
"Gaming System Monitoring and Analysis Project"
"Hotwatch Subpoenas": Credit Cards and Grocery Store Transactions watched in "real time"
Anything broadcast over "airwaves" - Cellphone calls and text messages Anything on your person, in your automobile, car, truck, or vehicle if located within 100 miles of any U.S. border or coastline, may be searched by the United States Boarder Patrol for any reason without a warrant. In Addition: In a civil trial, when the amount of the lawsuit exceeds $20, you have the right to jury trial.
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