Protecting People’s RightsProtecting People’s Rights

Chapter 6Chapter 6

Section 2Section 2

Key TermsKey Terms

Separation of Church and StateSeparation of Church and State Eminent DomainEminent Domain Due Process of LawDue Process of Law Double JeopardyDouble Jeopardy

Protection of Individual Protection of Individual FreedomFreedom

Freedom of ReligionFreedom of Religion 1st Amendment- provides that every 1st Amendment- provides that every

American can practice or not practice American can practice or not practice any religionany religion

Separation of Church and State- Separation of Church and State- The situation in which the The situation in which the government may not favor any government may not favor any religion or establish an official religion or establish an official religionreligion

Freedom of SpeechFreedom of Speech You have the right to speak and write You have the right to speak and write

freelyfreely You are not allowed to slander or tell lies You are not allowed to slander or tell lies

that could damage some ones that could damage some ones reputationreputation

Freedom of the PressFreedom of the Press People can criticize the government People can criticize the government

without fear of arrest.without fear of arrest. In many countries the government In many countries the government

controls the radio, press and televisioncontrols the radio, press and television 11stst amendment helps to guarantee that amendment helps to guarantee that

citizens get information and have citizens get information and have different opinionsdifferent opinions

Can not print lies or libel someone, can Can not print lies or libel someone, can not endanger someonenot endanger someone

Freedom of AssemblyFreedom of Assembly Citizens or groups can ask the Citizens or groups can ask the

government to change laws.government to change laws. To make new laws or solve problemsTo make new laws or solve problems A citizen can request by letter, sending A citizen can request by letter, sending

email, by telephoning or sending a email, by telephoning or sending a petition (request signed by many petition (request signed by many persons) to Representative of Congresspersons) to Representative of Congress

Protection Against Abuse of Protection Against Abuse of PowerPower

22ndnd, 3, 3rdrd, 4, 4thth, 5, 5thth amendments help amendments help protect citizens from abuse of power protect citizens from abuse of power by police or judgesby police or judges

Came from colonial experienceCame from colonial experience

22ndnd Amendment Amendment The right to keep and bear armsThe right to keep and bear arms During the revolution needed militia to During the revolution needed militia to

protect themselvesprotect themselves Should Americans own guns for personal Should Americans own guns for personal

use?use? Should the government restrict the use Should the government restrict the use

and sale of guns?and sale of guns?

33rdrd Amendment Amendment The housing of soldiersThe housing of soldiers England allowed their soldiers to be England allowed their soldiers to be

housed in the colonists homes.housed in the colonists homes. This amendment states that soldiers can This amendment states that soldiers can

only stay in a home with permission only stay in a home with permission During war people can do it only if During war people can do it only if

Congress passes a lawCongress passes a law

Unreasonable Search and Unreasonable Search and SeizureSeizure

44thth Amendment Amendment Officers can not search a citizens home without a Officers can not search a citizens home without a

valid reasonvalid reason Must obtain a search warrant, written permission Must obtain a search warrant, written permission

from a judge to search home and belongingsfrom a judge to search home and belongings Police must convince the judge that they are Police must convince the judge that they are

likely to find evidence of a crimelikely to find evidence of a crime During Revolution, Parliament allowed officers to During Revolution, Parliament allowed officers to

make unlimited searches of home and make unlimited searches of home and businessesbusinesses

Fourth guards against abuse of power by new Fourth guards against abuse of power by new government government

Protecting Property RightsProtecting Property Rights

Government can take away property to Government can take away property to build a subway, freeway or public projectbuild a subway, freeway or public project

Eminent Domain- the power to take Eminent Domain- the power to take private property for public use.private property for public use.

Recognized public includes- schools, Recognized public includes- schools, parks, highways, police and fire stationsparks, highways, police and fire stations

55thth protects against the abuse of power protects against the abuse of power by requiring the government to pay the by requiring the government to pay the owners a fair priceowners a fair price

Protections of the AccusedProtections of the Accused

Miranda WarningsMiranda Warnings “ “ You have the right to remain silent. You have the right to remain silent.

Anything you say can and will be Anything you say can and will be used against you in a court of law. used against you in a court of law. You are entitled to have a lawyer You are entitled to have a lawyer present when you are questioned. If present when you are questioned. If you can not afford an attorney one you can not afford an attorney one will be provided for you at the public will be provided for you at the public expense.”expense.”

Rights of the Accused 5Rights of the Accused 5thth,6,6thth, 7, 7thth and 8thand 8th

Come from the Magna CartaCome from the Magna Carta No person should be deprived of life, No person should be deprived of life,

liberty or property, except by “the liberty or property, except by “the law of the land.”law of the land.”

Due Process- a process by which Due Process- a process by which the government must treat the the government must treat the accused person fairly according accused person fairly according to the rules established by law.to the rules established by law.

55thth Amendment Amendment Miranda warnings (1966)Miranda warnings (1966) Can not be forced to “be a witness Can not be forced to “be a witness

against himself”against himself” ““I take the 5I take the 5thth amendment” or “I refuse to amendment” or “I refuse to

answer on the grounds that I may answer on the grounds that I may incriminate myself.”incriminate myself.”

In some countries police use tortureIn some countries police use torture Under the 5Under the 5thth confessions must be freely confessions must be freely

given and not forced given and not forced

55thth provides that someone accused of provides that someone accused of a serious crime must be indicted by a a serious crime must be indicted by a grand jurygrand jury

Grand Jury decides if there is enough Grand Jury decides if there is enough evidence to put a person on trialevidence to put a person on trial

Double Jeopardy- being placed Double Jeopardy- being placed on trial twice for the same crimeon trial twice for the same crime

Right to trialRight to trial Guarantees a citizen’s right to a speedy, Guarantees a citizen’s right to a speedy,

public, fair trial.public, fair trial. Accused person ahs the right to advice Accused person ahs the right to advice

of a lawyerof a lawyer If you can not afford one the If you can not afford one the

government will paygovernment will pay The right to face your accuser in courtThe right to face your accuser in court

77thth Amendment Amendment Jury trials in cases of conflicts over Jury trials in cases of conflicts over

property and moneyproperty and money If value is more than $20.00If value is more than $20.00

Bail, Fines and PunishmentBail, Fines and Punishment

88thth amendment protects accused amendment protects accused from unfair treatment.from unfair treatment.

Person can play bail.Person can play bail. Person pledges to show up for trialPerson pledges to show up for trial 88thth amendment prohibits excessive amendment prohibits excessive

bailbail When you appear in court your bail is When you appear in court your bail is

returnedreturned

Protects against cruel and unusual Protects against cruel and unusual punishmentpunishment

Whipping, branding, were common in Whipping, branding, were common in England and the colonies in the England and the colonies in the 1700’s1700’s

Death penalty is still debatedDeath penalty is still debated

Protection of Other RightsProtection of Other Rights

That not all rights are protected in That not all rights are protected in the Bill of Rightsthe Bill of Rights

Madison suggested an amendment Madison suggested an amendment that citizens rights are not limited to that citizens rights are not limited to the ones listed in the Constitutionthe ones listed in the Constitution

Became the 9th AmendmentBecame the 9th Amendment

1010thth Amendment Amendment States rightsStates rights Declares that those powers belong to Declares that those powers belong to

the state governments or the peoplethe state governments or the people