THE BILL OF RIGHTS

NOTES

General Information• First 10 Amendments to the Constitution

• Ratified in 1791

• Essential component of LIMITED GOVERNMENT in the United States (Hmmm…I wonder if Mrs. C. is going to expect me to explain this on a test?)

The FIRST Amendment

• Protects 5 basic freedomso Freedom of RELIGIONo Freedom of SPEECHo Freedom of the PRESSo Freedom of ASSEMBLYo Freedom to PETITION the government

(Hmmm…Mrs. C. is probably going to want to know if I think the government should ever limit these rights…)

Freedom of RELIGION

• First Amendment protects religious freedom in two ways:o The government can not establish an

official religiono Americans have the right to practice

religion as they wish

Freedom of SPEECH

• Limiting Free Speecho The Constitution does not permit speech

that harms other people, SLANDER for example

• Extending Free Speecho The Constitution does protect SYMBOLIC

SPEECH

(Hmmm…What about burning an American flag in protest? Is that protected?)

Freedom of the PRESS

• Limited in many of the same ways as freedom of speech. For example, you cannot commit LIBEL.

• Also prohibits the government from banning books, magazines, newspapers, or other printed materials.

(But shouldn’t the government be able to ban some offensive materials?)

Freedom of ASSEMBLY

• Protects our right to attend meetings, parades, rallies, etc.

• Also protects our right to form and join organizations.

(Hmmm…but some organizations are mean. Shouldn’t the government ban those?)

Freedom to PETITION

• Protects our right to express our ideas to the government.

The SECOND Amendment

• Guarantees the right to BEAR ARMS

(…So do gun control measures like the BRADY LAW violate the Constitution?)

The THIRD Amendment

• Limits the power of the national government to force Americans to QUARTER soldiers

• Least controversial amendment

The FOURTH Amendment

• Protects against unreasonable searches and seizures

• Key Termso Search Warrant

(What if we could guarantee an end to murder in the United States? Would it be worth giving up the 4th Amendment?)

The FIFTH Amendment

• Protects the rights of people accused of a crime

• Key Termso Double Jeopardyo Right to Remain Silento Due Process of Lawo Eminent Domain

The SIXTH Amendment• Guarantees additional rights to people

accused of crimes, including the rights to:o Be told the charges against youo A speedy and public trial by a juryo Confront your accuserso Call witnesses in your behalfo Have a lawyer

The SEVENTH Amendment• Guarantees the right to a jury trial in

civil cases

The EIGHTH Amendment• Forbids “excessive” bail and “CRUEL

AND UNUSUAL PUNISHMENTS”

(Does this include the death penalty…?)

The NINTH Amendment• Protects rights not specifically

mentioned in the Constitution

The TENTH Amendment• Maintains that powers not specifically

given to the federal government are reserved for the states

THE BIG QUESTION…

How do we balance the rights of one individual against the rights of others and against the rights of the community?

(Suggestions…anyone? Anyone?)