The Bill of Rights

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The Bill of Rights

• The First Ten Amendments
• To the U. S. Constitution

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Who determines what the Bill of Rights mean?

• The Supreme Court decides what is constitutional
  and not
• The Supreme Court balances the rights of the
  individual with the needs of society

Individual??
Society??
3
The First Amendment5 rights guaranteed

• Freedom of Speech
• Freedom of Religion
• Freedom of the Press
• Freedom of Assembly
• Right to petition the government

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Freedom of Religion

• Congress shall make no law respecting an
  establishment of religion or prohibiting the free
  exercise there of
• Two clauses
• Establishment clause
• Free Exercise clause

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Establishment ClauseGovernment cannot promote
religion
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Establishment clause-Government Cans Cannot

• Teach about religions in school
• Allow voluntary prayer
• Provide a limited open forum for a school bible
  club
• Teach about the Bible in public schools for
  culture or literacy content

• Set a govt-sponsored religion
• Order anyone to say a prayer
• Teach religious doctrine in the school
• Teach creationism or intelligent design in a
  science class

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Free exercise of religion

• Thomas Jefferson wrote the Virginia Statute for
  Religious Freedom
• Almighty God hath created the mind free that
  all attempts to influence it by government tend
  only to beget habits of hypocrisy and meanness .
  . .

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Free exercise of religion

• Jefferson was proud of the statute he wrote in
  1779
• His Statute inspired part of the First Amendment
• It was one of the 3 accomplishments he wanted on
  his gravestone

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Free ExerciseThe personCan Cannot

• Choose whatever religion you want
• Lead a prayer in a public area
• Ask questions about religions
• Worship whatever you want

• Break the law and claim it is religious belief
• Raise children without education
• Deprive children of basic needs

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Free Exercise Clause
Morning Peyote by Rance Hood
Jonas Yoder
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Freedom of speech

• Congress shall make no laws . . . abridging the
  freedom of speech

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Free speech The individual can

• Say any political belief
• Protest
• Say things about someone that are true
• Burn the flag
• Say racist and hate slogans
• Free speech means someone might say something you
  disagree with
• . . . but, there are also limits.

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Free speechlimits on the person

• Threaten to blow up airplanes, schools or the
  President
• Cannot incite imminent lawless action
• Cannot yell fire in a crowded theater
• Sexual harassment
• Create too much social chaos
• Vulgar or obscene language in public
• Speech is more limited in school

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Freedom of the Press

• Congress shall make no law . . . abridging . . .
  the freedom of the press.

15
Freedom of the Press-the pressCan Cannot

• Print any political position
• Make fun of people, especially politicians
• Expose wrongs by the government
• Say things you might not agree with

• Libel intentionally injuring a persons
  reputation by false facts
• Disclose defense-security secrets
• Detail how to make a certain weapons

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Freedom of Assembly

• Congress shall make no law . . . Abridging . . .
  The people to peaceably assemble

17
Freedom of Assembly--Individual Can Cannot

• Protest
• Parade (with a permit)
• Parade chanting hate slogans
• Gang members can congregate in public

• Protest by throwing rocks and breaking windows
• Hang out on private land against owners
  willloitering
• Loiter if under 18 in some places (like Santa
  Clarita)

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Petition the Government

• Congress shall make no law . . . Abridging . . .
  the people. . . to petition the government for a
  redress of grievances

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Petition the government

• You may sue the government for wrongs
• You cannot be punished for exposing wrongs by the
  government
• The courts decide the wrongs

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2nd AmendmentRight to bear arms

• A well-regulated militia, being necessary to the
  security of a free state, the right of the people
  to bear arms shall not be infringed.

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What is the debate with the right to bear arms?

• What types of weapons should the government
  reasonably keep from its citizens?
• Handguns, rifles, machine guns, grenades,
  nukes???
• What was the intent of the Founders?
• In 1791, the deadliest weapon was a cannon, which
  could kill a maximum of 20 people per minute
• In 2007, the deadliest gun can fire over 1,000
  rounds per minute

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Gun debate continued

• ONE SIDE
• Thousands of people die every year because of
  guns
• THE OTHER SIDE
• Thousands of crimes are prevented because of guns
• Societies that have taken guns away from citizens
  cease to be free societies (like Nazi Germany)

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Third Amendment

• The Government cannot force you to shelter
  soldiers in your home without your consent in
  time of war or peace.

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Rights of the Accused Amendments 4-8Important
to preserve freedom
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Fourth Amendment

• What does a law enforcement officer need in order
  to search your home?
• A warrant given to him by a judge
• Probable cause is also needed

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Fourth Amendment

• When do police NOT need a warrant?
• If you give consent to the search
• If its a plain view search
• A search incident to arrest
• A protective sweep search

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Fifth Amendment

• You cannot be tried for the same crime
  twicecalled Double Jeopardy
• You do not have to testify against your self. I
  plead the fifth
• You must have due process of law before you are
  convicted
• Eminent Domain - the government can only take
  your land if it is for the public good and it
  pays the owner fair market value

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Sixth Amendment

• Right to speedy trial
• Right to a public trial
• Right to trial by an impartial jury

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Sixth Amendment continued

• You must be told of charges
• You must be allowed to confront witnesses
• You have the right to subpoena witnesses in your
  favor
• You must be provided a lawyer if you cannot
  afford one

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Eighth Amendment

• No excessive bail
• No cruel and unusual punishment

Is this considered cruel or unusual?
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Whats NOT in the Bill of Rights

• Slavery is NOT abolished in the Bill of Rights
  (theyre in the 13th Amendment)
• Voting rights are NOT protected (theyre found in
  the 15th, 19th, and 26th Amendments)
• The right to a public education is NOT guaranteed
  anywhere in the Constitution
• Abortion rights are NOT protected in the Bill of
  Rights (implied in the 14th Amendment)
• The right to happiness, money, a home, a car, a
  cell phoneNOT anywhere in the Constitution