The Bill of Rights Amendment I Congress shall make no law respecting an establishment of religion,...

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The Bill of Rights 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. Freedoms granted by this amendment? 2. Freedom of speech 1. Freedom of religion 3. Freedom of the press 5. Freedom to petition government for grie 4. Freedom to assemb Summary Guarantees our freedom of speech, religion, press, and to assemble peaceably.

Transcript of The Bill of Rights Amendment I Congress shall make no law respecting an establishment of religion,...

Page 1: The Bill of Rights Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging.

The Bill of RightsAmendment 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.

Freedoms granted by this amendment?

2. Freedom of speech1. Freedom of religion3. Freedom of the press5. Freedom to petition government for grievances

4. Freedom to assemble

Summary Guarantees our freedom of speech, religion, press, and to assemble peaceably.

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The Bill of RightsAmendment 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.

Questions: What are “arms”?

What does infringe mean?

What is a militia? Why did we need one?

How is this Amendment being discussed today?

Summary Guarantees the right to own weapons

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The Bill of RightsAmendment 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.

Question Why might The Founding Fathers have thought that this was important enough to be included in The Bill of Rights?

Summary Doesn’t allow the army to store troops in civilians homes (quarter) during peacetime

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The Bill of RightsAmendment IV 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 persons or things to be seized.

Question Are there exceptions where law enforcement would not need a warrant?

Plain view clause

Summary Protects against unreasonable search and seizure.

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The Bill of RightsAmendment V 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 actual service in time of War or public danger; nor shall any person be subject for the same offence 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.

a formal accusation initiating a criminal caseIndictment: (n)

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The Bill of RightsList the rights granted in The Fifth Amendment:Questions for

Amendment V: •Due process of law•Requires indictment by a grand jury•Prohibits a person from being tried for the same crime twice (double jeopardy)•Gives defendants in trial the right not to testify against themselves.

Summary Due process of law: Protects the rights of people accused of a crime, prohibiting a person from being tried for the same crime twice, and giving defendants in trial the right not to testify against themselves.

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The Bill of RightsAmendment 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 defense.

Summary Guarantees the right to a speedy and public trial before a jury, right to an attorney and the right to question witnesses.

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The Bill of RightsAmendment VII 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.

Question: How does a criminal trial differ from a civil one?

Summary Guarantees the right to trial by jury in a civil case.

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The Bill of RightsAmendment VIII Excessive bail shall not be required, nor excessive

fines imposed, nor cruel and unusual punishment inflicted.

Question: How should we define what is "cruel and unusual"?

Summary Prohibits excess bail and the use of cruel and unusual punishment.

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The Bill of RightsAmendment IX The enumeration in the Constitution of certain

rights shall not be construed to deny or disparage others retained by the people.

*enumeration - numbered list*construed – interpreted in a certain way*disparage – represent of little worth

Question: What do you think the Founding Fathers were talking about here?

Summary Guarantees that just because a right is not listed in the Constitution does not mean the people do not retain that right. (i.e. natural rights)

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The Bill of RightsAmendment 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.

Questions: Can States make laws in additional to the laws of the federal government?Can the States make laws that are in opposition to laws created by the federal government.?

Summary Means that all rights not given to the Federal government in the Constitution are given to the states and the people.

Examples Education requirements, rules for marriage, state taxes.

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