The Bill Of Rights



The Bill Of Rights

Amendment 1 (1791)

Political and Religious Freedom

Congress shall make no law respecting an establishment of religion; or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Congress cannot pass any laws that make any religion the official religion of the country. It cannot pass laws to stop people from following their own religion.

In some colonies, one religion had been the official or established religion. The First Amendment means that government and religion are separate from one another. The government may neither operate its own churches nor interfere with the religions that people choose for themselves.

Congress cannot make laws that stop people from speaking and writing what they wish. It cannot make laws that stop people from holding peaceful meetings or from asking the government to correct a wrong.

Freedom of speech is very important; but it does not mean that people can say anything they please. For example, the First Amendment does not protect the right to persuade other people to overthrow the government by force. It also does not protect slander, malicious gossip -hurting someone’s reputation or career through lies and/or false information.

Amendment 1 is often referred to as our “expression amendment” – protecting speech, press, religion, peaceful assembly, and petition. Our rights to expression stop when the rights to our neighbor’s become violated by our actions.

Amendment 2 (1791)

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.

The people have the right to serve in the National Guard – their state militia.

People have the right to own weapons (guns); however Congress and the states can regulate this through the necessary and proper clause of Article I Section 8 and through the states’ rights to maintain public safety.

The people have the right to protect themselves by serving as armed citizens in the militia or national guard, and Congress can not stop them.

However, Congress has restricted the possession of particular weapons. For example, private ownership of sawed-off shotguns, concealed weapons, and machine guns is prohibited by federal law. States, too, are free to regulate the use and sale of guns. People disagree as to whether the Second Amendment means Congress and the states cannot make it illegal to own pistols.

Amendment 3 (1791)

Quartering of Soldiers

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 prescribe by law.

In times of peace at home, soldiers cannot be forced to live among us – in our homes …

In peacetime, citizens cannot be forced to quarter soldiers, that is, to give soldiers a place to sleep or meals to eat in their homes. In wartime, this may be done only in a way Congress describes in a law.

Amendment 4 (1791)

Search and Seizure

The 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 person or things to be seized.

A person cannot be arrested, and his or her house cannot be searched, and his or her property or papers taken, except in ways that follow the law. Courts can issue search warrants and arrest warrants. But whoever asks for a warrant must explain why, exactly where the search is to be made, and who or what is to be taken. Probable Cause must be proven in order to obtain a warrant.

A search warrant authorizes a police officer or sheriff to seize evidence that could prove who committed a crime. The purpose is to prevent evidence from being destroyed. An arrest warrant authorizes a police officer or sheriff to seize a person suspected of committing a crime.

The law must be followed when arrests are made or searches conducted …

Probable cause - a reasonable belief that a person has committed a crime. This reasonable belief may be based on less evidence than is necessary to prove a person guilty at trial, but it must be more than a mere suspicion, hear-say or a hunch. Police must prove probable cause in order to obtain a search warrant or arrest warrant.

Reasonable suspicion – the Supreme Court has ruled that teachers/principals can search on reasonable suspicion, which is less than probable cause. Reasonable suspicion includes hear-say and rumors.

Search warrant – a court order authorizing police to seize evidence that could prove who committed a crime

Arrest warrant – a court order authorizing police to arrest (seize) a person suspected of committing a crime

We will learn more about Amendment 4; with more terms to know in the future …

Amendment 5 (1791)

Grand Juries

No 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 the actual service in time of war or public danger; nor shall any person be subjected 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 shall be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation.

Before anyone can be tried in federal or state court for a serious crime, a grand jury must formally accuse that person in an indictment. Then, a petit jury hears the trial. There are seven vocabulary terms you need to know to understand this amendment. We will learn more about Amendment 5; with clearer explanations given in the future.

Indictment – charging someone, or accusing them, with a crime. Only a Grand Jury can indict someone

Grand Jury – examines evidence to decide if there is enough information to hold a trial and charge a person. When a person is called for jury duty they may be selected for a grand jury or a petit jury

Petit Jury – trial jury that appears in court each day for the duration of the trial, and hears the evidence and decides if the accused is guilty or not

Double Jeopardy – once a person has been found not guilty of committing a crime he can not be re-charged for the same exact crime again

Self-incrimination – I plead the 5th! No one can be forced to say anything that would help convict him or herself of a crime

Due Process – no one can have their rights to life, liberty, or property taken away without a fair trial by peers. Basically, the police, and courts must follow the law exactly. Evidence can not be taken unlawfully, juries must be unbiased …

Eminent Domain – the government can take a person’s property for the benefit of the community but it must pay a fair market price. (So if the road in front of your house needs to be expanded the town or state can take some of your front lawn ….)

Amendment 6 ( 1791)

Rights of the Accused

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 defense.

A person accused of committing a crime must be given a prompt trial in public. Guilty or innocence must be decided by a jury chosen from the state and the district where the crime was committed. The accused must be told what he or she is being tried for.

The accused must be present when witnesses speak in court, and the accused has the power to make witnesses come and speak in court in his or her favor. The accused also has the right to a lawyer to make a defense.

Your Miranda Rights come out of Amendment Six. Police often recite our Miranda Rights upon taking a person into custody – “You have the right to remain silent, anything you do or say can be used against you in the court of law …” You’ve probably heard this recited on T.V. shows many times …

The accused must have a:

1. speedy public trial

2. the trial must take place in the district where the crime was committed

3. the accused must be told what he/she is being tried for

4. the accused must be allowed to be present when witnesses speak for or against him/her

5. the accused must be allowed to call witnesses to the stand

6. the accused has the right to a lawyer – if the accused can not afford one, one must be provided.

Amendment 7 (1791)

Rights to a Jury Trial

In suits at common law (civil cases), where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury, shall be otherwise reexamined by any court of the United States than according to the rules of common law (civil court).

In many disputes that involve more than $20, either side in the dispute can insist on having a jury trial or both can agree not to have a jury. The second clause of the amendment limits in the power of judges to interfere with a jury’s decision.

Basically Amendment Seven deals with Civil Court Cases – those cases involving divorce, boundary disputes, lawsuits, accidents, unpaid bills, bankruptcy, truancy…. Anything you might go to court for that is not criminal.

Amendment 8 (1791)

Bail and Punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

This amendment forbids the courts to require an unusually large bail. Bail is the sum of money or property that the accused person gives to the court to hold as a guarantee that he or she will show up for the trial. People who are accused of crimes may be allowed out of jail on bail while they are awaiting their trial. If a person is out on bail, their money (or property) is returned to them once they appear in court for their trial. Bail can only be paid in cash.

Courts cannot fine persons too much for a crime or punish convicts in cruel or unusual ways.

Amendment 9 (1791)

Other Rights

The enumeration of the constitution of certain rights shall not be construed to draw or disparage other retained by the people.

The mention of certain rights in the Constitution does not mean that these are the only rights that people have and does not make other rights less important.

Some people were afraid that if they must listed some rights in the Bill of Rights it might take away any rights not listed. The Ninth Amendment was put in to show that this is not what the Bill of Rights means. It makes it clear that the federal government still can only do what it is authorized to do by the Constitution.

Amendment 10 (1791)

Powers of the States and of the People

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.

The states or the people have all the powers (jobs) that have not been given to the central government or prohibited to the states.

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