The Bill of

Rights(1791) of the

U.S.Constitution

THE BILL OF RIGHTS-If you remember, James Madison and others had promised that a bill of rights would be added to the Constitution in order to help get the Constitution to pass. -This bill of rights was supposed to provide protection of peoples individual liberties.-In a representative democracy, we need the protection of individual rights.-This protection is needed, because without these safeguards, the rights of the individual might not be protected under the idea of majority rule.-Majority Rule means that the greatest number of people in society can make policies for everyone.-This means that most people will agree with what the law should be, but it could also mean that the smaller group of people lose their rights.

-The first ten amendments to the Constitution are called the Bill of Rights.-All ten of these amendments were ratified together and became a part of the Constitution on December 15, 1791.AMENDMENT I

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.

-This first amendment gives U.S. citizens its most basic rights.

a) The freedom of religionb) The freedom of speechc) The freedom of the pressd) The freedom of assemblye) The right to petition

-The first part of this amendment comes from Thomas Jefferson’s, Virginia Statute for Religious Freedom.-It states two separate ideas.

a) The government cannot support or interfere with the practice of religion. (The Establishment Clause)

b) The government cannot favor one religion over any other or establish an official or national religion. (The Free Exercise Clause)

-At first this applied only to the Federal Government.

-The case of Everson v. Board of Education, (1947) was a landmark case that made the Establishment Clause apply also to the states. -The second part of the first amendment is the freedom of speech.-In most cases Americans have the right to express their own views and ideas. (no matter how stupid they may be)-Until the 20th Century (1900s), the Supreme Court never ruled on the constitutionality of a federal law involving free speech, but since then, has ruled on multiple cases.

-The third part of the 1st Amendment is Freedom of the Press. -We should remember that this began in a 1733 case involving a newspaper publisher that spoke out against the Governor or New York.-That was the John Peter Zenger trial in New York.-It stated that as long as Zenger and the newspaper were telling the truth in their articles, then they had the right to publish it. -There are limitations to both Freedom of Speech and Freedom of the Press. -The First Amendment does not protect slander.-Slander, is making false statements meant to damage someone’s reputation.-It also does not protect libel.-Libel, is intentionally writing a lie that harms another person.

-Speech that endangers public safety is also not protected by the First Amendment.-Justice Oliver Wendell Holmes had stated in 1919, “The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic”-The fourth part of the 1st Amendment was Freedom of Assembly. -This means that any group, regardless of their beliefs, prejudices or ideas can gather to discuss ideas or conduct business.-This changes though if they are engaging in illegal activities or not meeting in a peaceful manner.-The fifth part and last part of the 1st Amendment was the Right to Petition the Government for a Redress of Grievances.-This had roots to the Magna Carta and the English Bill of Rights.

-This allows the people to show dissatisfaction with the government or the ability to suggest new laws or support certain ideas.-A more simple definition of this idea is “the right to present requests to the without fear of punishment or reprisal.-The next three amendments, the 2nd, 3rd and 4th Amendments relate to the disputes that the Colonies had with Britain and reflect the ideas put forth in the Declaration of Independence. AMENDMENT II

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.-This amendment is very controversial today.-The framers put this amendment in place, partly, so members of state militia’s were able to own guns in case of an emergency.-Militia’s had been very important in the American Revolution fight.-This is where things get very complicated into what the intent of the Second Amendment is. Is it to arm militia’s or is it for each individual citizen to have the right to bear arms or guns?

-People have varying ideas about what the amendment means.-People who support gun-control laws, generally have argued that the 2nd Amendment was established to protect the collective rights of states to maintain a well-regulated militia to protect us.-Many believe that the idea of citizens owning guns for protection is outdated, because we now have the National Guard instead of state militia’s and we have police forces and a U. S. Military to provide for and protect us.-Other people believe that this amendment was not just for the right of citizens to own guns to part of a militia, but also for the individual right to own weapons for self-defense from other people, foreign invaders or even our own government. -Since the latter half of the 20th century, there has been considerable debate over whether the Second Amendment protected an individual right or a collective right.

-The debate has centered on whether the prefatory clause (“A well regulated militia being necessary to the security of a free State”) declared the amendment’s only purpose or merely announced a purpose to introduce the operative clause (“the right of the People to keep and bear arms shall not be infringed”).-This debate will continue with horrible shootings using semi-automatic weapons at Sandy Hook Elementary in Newtown, Connecticut where 20 elementary students were killed along with 6 adults; the Aurora, Colorado shooting at the Batman movie where 12 people were killed and 59 injured; the shooting of Arizona Congresswoman Gabrielle Gifford's where thirteen people were injured and six were killed; etc. -Can the government put limits on gun ownership?-Of course they can – we aren’t allowed to own things like rocket launchers, flame throwers, tanks, etc.

-Should law-abiding citizens be allowed to own these assault weapons or automatic weapons knowing that these weapons could fall into the hands of bad people or criminals?AMENDMENT III

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.

-This amendment has it’s roots back to the time period before the American Revolution in the English Colonies.-The quartering of troops (housing and feeding soldiers) before the Revolution had been a major issue in the colonies.-The framers wanted to be sure that this could only occur again if their was a dire emergency.

AMENDMENT IVThe 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-This amendment is also in the Constitution, because the British government made colonists submit to having their property searched for illegal or smuggled goods, an abuse of the writs of assistance.-This led to the Fourth Amendment rule against “unreasonable searches and seizures.”-Before your property can be searched, authorities MUST get a search warrant.

-This gives the authorities permission to search for specific items in specific places following specific rules. -A judge will only issue a search warrant if the law enforcement officer has a “probable cause” that the search will uncover evidence relating to a crime.-There are exceptions to obtaining a search warrant in emergency situations that a police officer may observe or in a dangerous situation.

-There are other exceptions to a law enforcement needing a warrant such as; a person consenting to a search, contraband or illegal items in “plain view”, “open fields” such as pastures or woods on someone’s property, school or locker searches-landmark case - New Jersey v. T. L. O. (1985), search of automobile’s, etc. -The next four amendments are considered to be amendments that were written for people that have been accused of a crime.

AMENDMENT VNo 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.

-This amendment is loaded. -The first part of the 5th Amendment states that in order to be taken to trial for a major or felony crime (capital or infamous) in Federal Court, a Grand Jury must issue an indictment against the accused.

-An indictment occurs when the Grand Jury has decided after hearing witnesses and view evidence, that there is enough evidence presented to formally accuse a person of a crime.-Without an indictment, then the court can not try someone for a serious federal crime. -States do not have to use the indictment process, but instead can use a preliminary hearings to make the decision about a trial. -"Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb” – this is what is known as the Double Jeopardy Clause. -It has four basic provisions:

*no retrial after an acquittal;*no retrial after a conviction;*no retrial after certain mistrials*no multiple punishment

-This means that you can not be put on trial again for the same crime in criminal court–but, you can be tried again in civil court.

-“Nor shall a person be compelled in any criminal case to be a witness against himself” – meaning you do not have to testify in your own trial. -The accused person does not have to take the stand to testify or answer questions risking “self-incrimination”.-This is called, “Pleading the Fifth” in our judicial system, meaning you are not going to answer the question, because it could incriminate you.-It is not the accused person’s job to help the prosecutor make a case against them by testifying or answering questions which may help the prosecutor .-“Nor shall any person be deprived of life, liberty, or property, without due process of law” – meaning that the accused person must be treated in a fair way.-This means the government must respect all of the legal rights that are owed to an accused person.-“Nor shall private property be taken for public use, (from a person) without just compensation” – there is one exception.

-The exception is a power given to the government known as “Eminent Domain”.-This means allowing the government to take a person’s personal property to benefit the public.-A possible example of this might be, taking someone’s private property to build a bridge, road or airport on the property.-The government does have to pay a “FAIR PRICE” for the land, whatever a fair price is? AMENDMENT VI

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

-The first part “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,” is pretty simple, the indicted person is entitled to go to trial as quickly as possible, providing time for both sides to prepare and the trial to be conducted in public so it can be witnessed by citizens to make sure laws and rules are being followed with no shenanigans going on behind closed doors.-The second part “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,” meaning you should face a jury who has no connection to the plaintiff or defendant, and has as little knowledge of the case as possible so that they haven’t formed a judgment prior to the case. -The jury pool should come from the area that the ‘crime’ happened and that they know the area.-The third part “and to be informed of the nature and cause of the accusation,” means that the accused must be told the reason they are on trial.

-Next, “to be confronted with the witnesses against him,” means that the accused gets to hear what the witnesses are saying against him and that he or his lawyers can question these witnesses.-To go along with that is, “to have compulsory process for obtaining witnesses in his favor,” the accused has the right to force anyone to come to their trial that they believe can help their case. -The court can force someone to come to court by issuing a summons or a subpoena and then the person has no choice, but to come to the trial. -The last part, “and to have the Assistance of Counsel for his defence,” means the accused also has the right to an attorney (a lawyer) and if you can not afford an attorney, one will be given to you by the court.-There is a specific thing that was added dealing with getting a lawyer if you can’t afford one.

-This is known as the Miranda Warning and is tied to both the Fifth and Sixth Amendments.-It states, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”-This protects you from answering questions and testifying against yourself (5th Amendment) and tells you that you are entitled an attorney even if you can’t afford one.-This came out of a 1966 court case decision about Ernesto Arturo Miranda. -You can wave your Sixth Amendment rights and ask to represent yourself or to have your trial in front of only a judge.-You can also avoid a trial by pleading guilty to the charge or taking a plea bargain.-A plea bargain, means that you plead guilty to a lesser charge to avoid being found guilty of a more serious crime that could give you a worse punishment.

AMENDMENT VII (Civil Cases- Not Criminal)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 reexamined in any

court of the United States, than according to the rules of the common law.

-Remember that in the 1700s twenty dollars was a lot more money than it is today. -Now, for any dispute involving less than $1500.00 small claims court will handle the case without a jury in Kentucky. Each state sets its own price.-U.S. law makes it illegal for anyone to set up their own court system. -If a citizen goes to court, they will always go to a recognized court of the government, be it a national, state, county, or city court. -An American citizen will never have to defend themselves in Uncle Jerry’s Courthouse with Jerry's cousins acting as jurors and lawyers.

AMENDMENT VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

-Bail is a set amount of money that the defendant promises to pay the court if they fail to appear in court when required. -The courts can not assign the accused an excessive amount for bail. -If they could, then a judge might look at someone and decide they look guilty and make the bail 10 million dollars.-If the accused fails to show up for their trial, then they lose their bail. -Bail is assigned on the type of crime committed and the likelihood that the accused will return for their trial. -The greater the seriousness of the crime, the higher the bail. -Bail allows time for the accused to prepare for their defense, which is hard to do while in jail. -In some serious crimes a judge will deny bail all together.

-Many people accused of a crime do not have the money for bail so they get a bail bondsman. -This bondsman provides the money for bail (for a fee), and may send a bounty hunter to find the bailee if they "skip" town and don't show up for their trial, which causes the bail bondsman to lose money.-Also, no cruel or unusual punishments are allowed according to this amendment. -The problem with this is...what exactly is cruel or unusual? -At the time of the writing of this amendment guilty people were sometimes pulled into 4 pieces by horses, strangled, burned, branded, disemboweled (their guts cut out), or had their hands cut off or sat in stocks so that others could make fun of them and throw things at them. -Today these seem cruel and unusual-don’t they.? -If someone is found guilty of stealing, the court can't cut off your hand.-Some states use the death penalty.

-Today many states use the gas chamber-3, lethal injection-35, hanging-3, firing squad-3, or the electric chair-8. -32 states have the death penalty and 18 do not.-Since 2010 the top five states using the death penalty are Arizona and Florida(13), Oklahoma(17), Ohio(19) and Texas(61).-All time executions – Oklahoma(109), Ohio(110) and Texas(508).-Capital punishment or execution is still argued about today and probably always will be. -Some argue that it helps stop others from committing crimes because they won't want to be executed. -Others argue that no matter how terrible the crime, the state does not have the right to kill a human being. -Each state decides whether or not to have executions.-The U.S. Supreme Court ruled in 1976 that the death penalty was constitutional.-Since 1976 there have been more than 600 inmates executed.-Do you believe that executing someone found guilty of terrible crimes is cruel or unusual?

AMENDMENT IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

-James Madison's 42 rights did not cover all of the individual protections that he believed citizens needed, and certainly the 10 that were approved did not either, so he included Amendment Nine. -It states that there are certain rights listed in the Constitution, but that does not mean that there aren't other rights that the people have that are not listed. -It assures people that there are rights that members of a free society are entitled to, although neither Madison nor any of the other founding fathers ever stated just what they thought these rights were. -Some people believe that they include the so-called natural rights including life, liberty, and property, or the right to pursue happiness.

AMENDMENT XThe 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.

-The governmental powers not listed in the Constitution for the national government are powers that the states, or the people of those states, can have.-The states are supposed to determine the rules for marriages, divorces, driving licenses, voting, state taxes, job and school requirements, rules for police and fire departments, and many more.-States are supposed to be able to regulate many of our rights, not the national government.-The national government is not supposed to control these areas, because they are not mentioned in the Constitution, and they are supposed to be under the control of the states.-So now you know the Bill of Rights!