All the power the Constitution doesn't grant to
the US Government and that are not expressly forbidden by it to the States are retained by the States and the people of each State
Or
The people and state governments have all
powers not given to the US Government
Discussion Point - If the US Government has
no powers over education in the Constitution, why does "No Child Left Behind" Exist?
1) Cannot be tried for a serious federal crime without indictment from a grand jury
2) No double jeopardy (being charged with the same crime more than once.)
3) No one can be made to testify against themselves (pleading the fifth.)
4) Cannot be deprived of life, liberty, or property without due process (the laws and procedures that protect citizens.)
5) Private property cannot be taken by government without just compensation
Discussion Question:
Imagine you are on the jury to hear a Child Abuse case. If the accused parent refuses to testify, citing the 5th, what conculsions would YOU draw form their decision?
1) No government search &
seizure of a citizen's body or property without a warrant (court order).
Exclusionary Rule - Developed by
the supreme court, disallows evidence to be used in court that was obtained through a violation of the 4th amendment
The fact that many civil rights are expressly set forth in the Constitution does not mean that there are not others retain by the people... or that citizens have more rights than just those listed in the Constitution.
Do you have a right to privacy?
1) No quartering of troops in any
house without the consent of the owner.
Discussion Point - The british
forcing the American Colonists to house British soldiers was a big cause of the American Revolution. How big of an issue is this in today's America?
Bill of Rights: The first 10
amendments to the US Constitution that guarantees all American citizens basic rights & freedoms.
The Bill of Rights came into
existence with the Constitution... all of the other amendments were written & ratified later in US History
This Amendment Prohibits:
1) Excessive Bail
2) Excessive Fine
3) Cruel and Unusual
Punishment
Discussion Point - Cruel and
Unusual punishment is very subjective, what does it mean to you?
1) Freedom of Religion: Citizens free
practice any religion or no religion at all.
2) Freedom of Speech: Citizens may
speak freely BUT are limited by slander (spoken lies) and libel (written lies) laws.
3) Freedom of Assembly: Citizens can
assemble to discuss or protest against the government.
1) Right to a trial by jury in civil cases (cases
where the plaintiff seeks money for damages, not jail time) in Federal court if the amount of money exceeds $20
2) Right to a jury by both parties for a bench
trial (a case tried before a judge.)
Discussion point - Do you think getting
tried in a criminal and civil court is double jeopardy?
1) Speedy and public trial before an
impartial jury of your peers.
2) Accused must be informed of their
charges and have the right to cross-examine hostile witnesses.
3) Right to require testimony of
favorable witnesses.
4) Right to be represented by an
attorney at every stage of criminal process
4) Freedom of the Press:
Citizens can investigate & publish their findings on the government without fear.
5) Freedom to Petition the
Government: Citizens can call the government out for what it is doing wrong