The Bill of Rights

The First Ten AmendmentsTo the U. S. Constitution

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??

The First Amendment—5 rights guaranteed

• Freedom of Speech

• Freedom of Religion

• Freedom of the Press

• Freedom of Assembly

• Right to petition the government

Five Freedoms of the First Amendment

• Freedom of Religion• Freedom of Speech• Freedom of the Press• Freedom of Assembly• Petition the government

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

Establishment Clause—Government cannot promote

religion

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•Pay seminary teachers•Teach creationism or intelligent design in a science class

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 . . .”

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

Free Exercise—The personCan Cannot

•Choose whatever religion you want•Lead a prayer in most examples•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

Free Exercise Clause

Jonas Yoder

“Morning Peyote” by Rance Hood

Freedom of speech

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

Free speech– The individual can:

• Say any political belief• Protest (without getting out of

control)• 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

Free speech—limits 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• Extremely crude language in a public

form• Speech is more limited in school

Freedom of the Press

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

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 person’s reputation by false facts•Disclose defense-security secrets•Detail how to make a certain weapons

Freedom of Assembly

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

Freedom of Assembly--IndividualCan 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 will—loitering•Loiter if under 18 in some places (like Santa Clarita)

Petition the Government

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

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

2nd Amendment—Right 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.”

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

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)

Third Amendment

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

Rights of the Accused Amendments #4-8

Important to preserve freedom

Fourth Amendment

•What does a policeman need in order to search your home?

–A warrant given to him by a judge –Probable cause is also needed

Fourth Amendment

•When do police NOT need a warrant?

–If you give consent to the search–If it’s a plain view search–A search incident to arrest–A protective sweep search

Fifth Amendment

• You cannot be tried for the same crime twice—called “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

Sixth Amendment

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

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

Eighth Amendment

•No excessive bail•No cruel and unusual punishment

Is this considered “cruel or unusual”?

These are in the Bill of Rights (but not as important)

• Seventh Amendment– You have the right to a jury trial in civil cases

• Ninth Amendment– Just because the Constitution guarantees the

people specific rights, this doesn’t mean you don’t get any other rights.

• Tenth Amendment– Those powers not given to the government in

the Constitution may be reserved by the states

What’s NOT in the Bill of Rights

• Slavery is NOT abolished in the Bill of Rights (they’re in the 13th Amendment)

• Voting rights are NOT protected (they’re 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 phone—NOT anywhere in the Constitution