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Copy of Copy of The Bill of Rights

The 1st Ten Amendments
by

Tammy Watson

on 1 December 2016

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Transcript of Copy of Copy of The Bill of Rights

Freedom of Petition
Freedom of RElIGION
Bill of Rights
Right to Bear Arms Revisited
United States Bill of Rights
20 minutes

Can not be forced upon others
Limits
What it is.
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.
What it is
Limits
Defamation-




Obscenity?
How do you prove it or disprove it?



Hate Speech


Endangerment


Symbolic Speech

Privacy

Gag Orders
No law shall abridge the freedom of speech or of the press
Freedom of Assembly
Government may not prohibit the right of people peaceably to assemble
What it is
Limits
Time, Date, Place Restrictions
Must be a peaceful assembly
Can not invoke violence
What it is.
Limits
Factual Documentation
Amount of Signatures Needed
Public Document
*Still can be vetoed
Government may not prohibit the people from petitioning the Government for a redress of grievances
Westboro Baptist Church
Supreme Courts decision
Father of Dead Marine fights funeral protesters
Becareful what you sign
Be Knowledgeable
Slander
- Spoken words that harm ones reputation and are UNTRUE
LIbel-
Written words that harm ones reputation and are UNTRUE
Proving Obscenity-


1. Does the average person find it unwholesome or gross



2. Are there laws against it



3. Does it have no value. (no artistic, scienctific, political, educational value)
Freedom of Speech and Press
What it is.
Limits
1930- Types of Guns
Age Limits to Purchase
18 Rifle
21 Hand Gun
Felony Record
Back Ground Checks
Brady Law- Waiting Periods
Responsibility Laws:
Gun Locks
School Zones
Mental Disabilities: (Schizophrenia)
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
http://www.youtube.com/watch?v=5ju4Gla2odw
Charleston Heston
on the 2nd Amendment
http://www.youtube.com/watch?v=HhUhrlcSlQg
Indiana and the 4th Amendment
What it is..
Limits
http://www.youtube.com/watch?v=FXj_HzG0pJU&feature=results_main&playnext=1&list=PLF4DB905D2B523EBC
Congress votes to abolish the 4th
Right to Bear Arms
No Quartering Troops
Search and Seizure
What it is..
Simple Terms
What it is..
Simply Put!
What it is..
Simply Put!
What it is..
Limits
What it is..
Simply Put!
What it is..
Simply Put!
What it is..
Limits
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.
Probable Cause-
When a Reasonable person believes a crime has or will be committed.
Warrant-
A legal document giving a person permission to search or seize items of another.
Types of Warrants-
Search Warrant
- Searching or Seizing of Items
Arrest Warrant-
Searching or Seizing of a Person
When a Police officer does not need a warrant
Plain View
Consent
Hot Pursuit
K-9
Emergency Situations
No Expectations of Privacy
Stop and Frisk
Incident
to a Lawful Arrest
Vehicle Searches
Loco Parentis
-A Teacher is your Parent/Guardain while in School.
Limited Forums
- Places where your rights are Limited. Such as: Schools, Airports, Borders, Prisons.
(1)No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or

i
ndictment 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;
(2)nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb
;
(3)

nor shall be compelled in any criminal case to be a witness against himself,
(4)

nor be deprived of life, liberty, or property, without due process of law
;
(5)
nor shall private property be taken for public use, without just compensation
Grand Jury
Double Jeopardy
Plead
the
5th
Due Process
Eminent
Domain
Miranda Versus Arizonia
Miranda Rapes a Women
He is put in a line up and identified
While interrogated he confesses to the crime
Miranda is sentenced
While in Jail learns he didn't have to speak to the police
He Writes a letter to the Supreme Court saying his 5th Amendment Right was violated (right to not testify against himself
The Story
The Outcome
The Supreme Court Ruled that all persons accused of crimes must be read there Rights. "Miranda Rights".
You have the Right to remain Silent
Anything you say can be used against you in a court of law.
You have the right to have an attorney present now and during any future questioning.
If you cannot afford an attorney, one will be appointed to you free of charge.
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 and Public Trial
Trial in state or district where the crime was committed
Told of the crime you may have committed (Charges against you)
Confront witnesses against you
Have Witnesses for you
Have a Lawyer if you can not afford one
Gideon Versus Wainwright
A Pool Hall is Robbed of Beer, wine and $60 in Change
Gideon accused of crime
He goes to Trial and says he needs a lawyer because the Constitution says he can have one
Judge tells him "NO"
Gideon goes to jail
Writes a Letter to the Supreme Court saying the court violated his 6th Amendment right to a lawyer
The Story
The OutCome
The Supreme Court agrees with Gideon due to the 5th and 14th Amendment (all people born in US are protected by the Constitution)
Final OUtcome:
Everyone is entitled to a Lawyer in a case that might result in Jail Time if they can not afford a lawyer!
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
In Civil Trials a person may have a trial by Jury if the dollar amount one is sueing for is over $20
But in today's courts the money value is much greater.
Most courts start around $500 to have a trial Jury in a Civil Court hearing
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Methods used
Hanging
Electric Chair
Firing Sqaud
Lethal Injection
Criteria for Setting Bail
1. Crime one Committed
2. Past Record
3. Flight Risk?
4. Econimic Statitis
5. Behavior? (Danger to Society)
Gas Chamber
The Punishment must fit the crime
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
People have more Rights then what is written in the Constitution
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
If it is not written in the Constitution as a Federal Government power then States may have that power
Example: Traffic laws
Example Freedom of Expression!
The End
Need Owners Consent in Times of Peace
In Time of War no consent needed.
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.
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
Amendment
After watching the components of Amendment #1
Grab a piece of paper and complete the following questions

1. What are the 5 freedoms under amendment #1?


2. How can Freedom of Religion be limited.


3. How can freedom of speech and press be limited and give an example for each.


4. After watching the videos under Freedom of Assembly, Explain what was happening and do you think all assemblies should be allowed and why or why not?


5. After Watching the petition video . Why should people be careful when they sign petitions
Freedom of Religion, Speech, Press, Assembly and Petition
You have the Right to Practice your Religion
Government can not favor one Religion over another
Nicknamed - Separation of Church and State
Establishment Clause?
The Note Page
Amendment 1
Part One of Amendment I

Freedom of Religion-
the Right to Exercise (Practice) your religion without punishment and that government may NOT establish (favor) one religion over the other

Limits on Religion

Can not be forced upon others
Laws created not to harm the right but to protect the people
Separation of Church and State

Establishment clause defined
- Government cannot favor one religion over another (separation of church and state)

Exercise clause defined
– People have the right to practice their religion with out punishment
Part 2 and 3 of Amendment I

Freedom of Speech and Press
- The right to express your views without punishment through verbal or written words.

Limits on Speech and Press

1. Obscenity-
Something that is seen or viewed as unwholesome (gross)

Proving Obscenity
1. Average person finds it lewd (gross)
2.Laws Against it
3.Has No Value (no artistic, educational, scientific or Political value)

2.Defamation-
Spoken or written words that ruin a persons reputation

Forms of Defamation

Slande
r-Spoken words that intentionally harm ones reputation and are not true

Libel-
Written words that intentionally harm ones reputation and are not true


3.Hate Speech
- Spoken or written words that harm a person due to race, religion,
gender, etc.

4.Endangerment
- Spoken or written words that cause people to harm others

Example- yelling fire in crowded room
Example- A journalist telling others on the news where our troops are located


5.Symbolic Speech-
The use of symbols to convey a message.

Example- A cross on a persons lawn = religion. (allowed)
Example – a Burning cross on a person lawn = Klu Klux Klan (not allowed)


6. Privacy –
The right to keep certain written or spoken Personal information private

Examples: Social Security Numbers, Medical Information, Military information, School files, information about Minors

Exception to the rule: Minors who are found guilty of crimes in court.

7.
Gag Orders-
When Government does not allow the press to write or verbalize
certain stories in the news.
Part 4 of Amendment I

Freedom of Assembly-
The right to gather as a group for a common cause


Limits on Assembly

1.Time, Date, Place Restrictions- Local, state, or Federal government has the right to set the time, day and places people have assemblies.
2.Assemblies must be peaceful
3.Assemblies can be monitored

Part 5 of Amendment I

Freedom of Petition-
The right to address local, state, or federal government for change in Constitutions, laws, or ordinances.

Limits on Petition

1)Amount of Signatures Needed
2)Signatures must be from Area
3)Factual Documentation
4)Becomes a Public Document
5)Still may not be approved
The 5 Parts to Amendment I
Exercise Clause
Part 2 and 3
Other types of limits on Speech or Press
Part 4
Part 1
Part 5
The Ruining of ones Reputation
Something written or spoken that offends another
So Name Your 10 Amendments (Bill Of Rights)
1.
Freedom of Religion, Speech, Press, Assemble, Petition
2
3
4
5
6
7
8
9
10
Right to Bear Arms
No Quartering Troops
Search and Seizure
Rights of the Accused
Due Process
Civil Court
No Cruel and Unusual Punishment
Rights of the People
Rights of the States
Notes on Amendments 2 - 10
2nd Amendment
- Right to bear arms has limits that are mainly Laws created to keep guns out of certain peoples hands
-types- no fully automatics or RPG's
-People- cant have mental issues
- Age Limits to buy guns- 18 rifles, 21 hand Guns

3rd Amendment
- NO Quartering Troops- Soldiers can not live or take over your house but limited if you give consent (permission) or in time of war the president orders it. *hasn't been truly used since the civil war.
4th Amendment
- Search and Seizure- The government can not search or seize your person, house, papers or effects with out probable cause or a warrant. Though there are limits when a police officer does NOT need a warrant
- Consent, plain view, stop and frisk, areas of no expectation of privacy, K-9, vehicle searches, and incident to a lawful arrest.
*Remember police will arrest you and take your stuff so this only protects you in court. Which means your evidence can not be used against you in court if they violated your 4th amendment right!

5th Amendment
- Due Process- The rights of the Courts
1.
Grand Jury-
a jury will decide if there is enough evidence to
go to court or not
2.
Double Jeopardy
- You can NOT be tried for the same crime
twice if found NOT Guilty the first time.
3.
Plead the 5th
- You do not have to testify against yourself in
court (right to remain silent)
4.
Due Process
- The processes of the courts to protect your Life,
liberties (rights) and Property through a fair
trial.
5.
Eminent Domain -
The Government can take your property
as long as they pay you
6th Amendment-
Rights of the Accused

1.
Speedy and Public Trial
- the Accused is allowed a fast trial
and people are allowed to go see the trials
2.
Trial must happen where the crime was committed-
so that
the accused is tried by that states laws
3. The accused must be
told what crime they committed
4. The Accused is
allowed to confront witnesses
against them
5. The accused is
allowed to have witnesses for them
6. The accused is allowed
a Lawyer.
(Right to council)
7th Amendment
- Civil Suits
1. People are allowed a
JURY in a civil case
over $20.00
Today the amount for a jury in civil suits has risen

Civil suit case are when people sue people for damages ($)
8th Amendment-
NO Cruel or Unusual Punishment or Excessive Fines

1. The Government can not physically punish a person in Prison or have them pay too much in fines or bail to get out of jail until there trial.

Most humane method of the Death Penalty as of today is Lethal Injection

9th Amendment
- Rights of the People

1. People have more rights then what is actually written in the Constitution. Example - Freedom of Expression
10th Amendment
- Rights of the States

1. If it is not actually written in the Constitution as a job or law for the Federal Government then the States have the power to do create the law or job.
Example - Traffic Laws are made by each individual state.

Laws created not to harm the right but to protect the people
Separation of Church and State
Simply Means
Now Prepare for
your Test!!

TLO versus NJ Case
Tinker Versus Des Moines
Wisconsin versus Yoder 1972
Simply Means:
You have the right to say or write your opinion, with-out government restraint
Full transcript