The Bill of Rights

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The Bill of Rights

• The First Ten Amendments to the United States
  Constitution

2
United States Constitutional Protections

• Ex Post Facto laws prohibited
• Bills of Attainder prohibited
• Writs of Habeas Corpus not suspended.
• Limited definition of Treason

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THE BILL OF RIGHTS

• CONGRESS SHALL MAKE NO LAW... The Bill of
  Rights are protections against the federal
  government in addition to those already
  established in the United States Constitution.
  But remember, none of the rights listed in the
  Constitution are ABSOLUTE, but instead are
  RELATIVE.

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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 peaceable to assemble, and to petition the
  Government for a redress of grievances.

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AMENDMENT I

• Freedom of religion
• Freedom of speech
• Freedom of the press
• Right to petition the government
• Right to peaceably assemble

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Freedom of Religion

• Establishment clause
• separation of church and state
• Free Exercise clause
• freedom to exercise religious beliefs

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Freedom of Speech

• Court Cases
• Types of limits
• Defamation
• Time/Place/Manner restrictions
• Fighting words
• Commercial speech.

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Freedom of the Press

• Censorship (prior restraint)
• FOIA
• Court Cases

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AMENDMENT II

• Right to bear Arms

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.
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AMENDMENT III

• Quartering of troops
• No soldier shall, in time of peace be quartered
  in any house, without consent of the owner, nor
  in time of war, but in a manner to be prescribed
  by law.

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AMENDMENT IV

• Limited right to privacy
• Protection against unreasonable search and
  seizure
• Issue of warrants
• probable cause
• supported by oath
• specific

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AMENDMENT V

• Right to Grand Jury
• Protection from Double Jeopardy
• Protection from self-incrimination
• Guarantee of Due Process
• Power of Eminent Domain.

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AMENDMENT VI

• RIGHTS OF THE ACCUSED
• speedy and public trial
• impartial jury
• change of venue
• informed of nature and cause of accusation
• cross examination of witness
• subpoena favorable witnesses
• assistance of counsel

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AMENDMENT VII

• Right to a trial by jury in a CIVIL trial

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AMENDMENT VIII

• Protections against
• excessive bail
• excessive fines
• cruel and unusual punishment.

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AMENDMENT IX

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

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AMENDMENT X

• 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.

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Supreme Court Cases

• West Virginia Bd. of Ed. v Barnette
• Compulsory flag salute not upheld on religious
  grounds
• Wisconsin v Yoder
• Student free exercise of religion upheld
• Amish attendance at secondary schools not upheld

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Supreme Court Cases (cont.)

• Schenck v U.S.
• Clear and present danger rule
• Feiner v N.Y.
• incitement to riot not protected speech
• Tinker v DesMoines
• material and substantial disruption established
  in schools--student freedom of expression upheld

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Supreme Court Cases (cont.)

• Hazlewood v Kuhlmeier
• Administrative censorship upheld
• N.J. v T.L.O.
• Administrative searches upheld
• Miranda v Arizona
• Rights of the accused upon arrest
• Gideon v Wainwright
• right to counsel

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Supreme Court Cases (cont.)

• Roe v Wade
• legalized abortion
• (right to privacy issue for women)
• Mapp v Ohio
• illegally obtained evidence inadmissable
• In re Gault
• Juveniles rights to due process upheld
• Goss v Lopez
• student due process upheld

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Supreme Court Cases (cont.)

• Plessy v Ferguson
• separate but equal upheld
• Brown v Bd. of Ed. Topeka, KS
• overturned Plessy v Ferguson
• Marbury v Madison
• judicial review established

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The Bill of Rights Extended

• Amendment XIII
• Abolished slavery
• Amendment XIV
• defined citizenship
• extended protections against State government
• guaranteed equal protection under the law

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BR Extended (Suffrage)

• Amendment XV
• extended voting rights to black males
• Amendment XIX
• extended voting rights to women
• Amendment XXIV
• eliminated poll tax as requirement of suffrage
• Amendment XXVI
• extended voting rights to 18-year-olds

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TITLE IX

• Title IX of the Education Act of 1972 - prohibits
  sex discrimination in most school activities
  including curriculum, faculty hiring, and student
  athletic programs.

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EXCLUSIONARY RULE

• Evidence seized in an unlawful search cannot be
  used at trial
• recent modifications and Supreme Court rulings
  have watered down the rule

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The Bill of Rights