AMENDMENTSAMENDMENTS

1-101-10

NOTESNOTES

VOCABULARYVOCABULARYPress - Press -

Assemble - Assemble -

Petition - Petition -

Militia -Militia -

Bear Arms -Bear Arms -

Seizure -Seizure -

Federal -Federal -

Criminal Court -Criminal Court -

Civil Court- Civil Court-

Written publishingWritten publishing

To gather togetherTo gather together

To ask the governmentTo ask the government

State-sanctioned armyState-sanctioned army

Own weaponsOwn weapons

To takeTo take

NationalNational

For a crimeFor a crime

For moneyFor money

The Bill of RightsThe Bill of Rights

The Bill of Rights The Bill of Rights are the first ten are the first ten AmendmentsAmendments

Amendment 1Amendment 1

Freedom of Freedom of speechspeech, , religion,religion, and and presspress. Right . Right to to assembleassemble and and

petitionpetition..

An easy way to remember Amendment 1• Religion• Assemble• Press• Petition• Speech

Four Times When Freedom Of Speech

Does Not Apply•Obscenity – Cussing•Fighting Words – Threatening

•Libel – Public Written Lie•Slander – Public Spoken Lie•LIBEL AND SLANDER DEFAME CHARACTER

Does Freedom of Religion Apply at School?

Yes – just like you have a Bible study club, students can

participate in religious groups at school, but the teacher or

principal cannot force the issue of religion on the

students.

Freedom of Press:•People have the right to read or write anything they want

•Even the KKK can write bad things about minorities unless…–Prior Restraint: The government can censor writing before it’s published

Right to Petition:

•You can ask the government, but they don’t have to say yes

Right to Assemble•Why did the Founding Fathers add this to the Constitution?

•Can you Protest at School?– Yes you can but it must be

peaceful and not blocking any walk ways.

Amendment 2Amendment 2

The The right to bear right to bear armsarms and and create a create a

militiamilitia..

Right to Bear Arms

•You have the right to own weapons.

•However, you must stay within the law.

Right to Create a Militia•Must be recognized by the

state

AmendmeAmendment 3nt 3 DonDon’’t have to t have to

feed & house feed & house soldierssoldiers. .

““QuarteringQuartering””

Do we have to worry about Amendment 3 today?

•Not really – so why was it added and why has it not been removed?

•The only way to “remove” an amendment is to amend it, like amendments 18 and 21.

Amendment Amendment 44

No No illegal illegal searchsearch and and

seizureseizure

The police must have one of two things in order to

search your home:–Probable Cause – an idea

that you are doing something wrong

–Search Warrant – An order from a judge to search your property

Does Amendment 4 apply at school?

•No – Anything brought onto school property is subject to search by anyone, just like an airport or courthouse.

Amendment 5Amendment 5 Due processDue process – correct – correct

procedureprocedure Double jeopardyDouble jeopardy – can – can’’t be t be

tried twice for the same tried twice for the same crimecrime

Plead the fifthPlead the fifth – don – don’’t have t have to speak AGAINST YOURSELFto speak AGAINST YOURSELF

Due Process

• Before your life, liberty, or property can be taken

from you, the correct procedure must be

followed.

Double Jeopardy

• 2 Exceptions

–Multiple times means multiple crimes.

–Multiple names for the same crime.

Plead the 5thPlead the 5th

• Self incrimination

• In court you must tell the truth. If you cannot tell the truth without incriminating yourself, you don’t have to speak.

• Listen to your lawyer.

Amendment 6Amendment 6 Right to a Right to a quickquick and and publicpublic trial by trial by juryjury. .

Right to be Right to be told what told what youyou’’re accused ofre accused of and and the the right to a lawyerright to a lawyer

• Quick Quick – this means as quickly as – this means as quickly as possible for the judicial system, not possible for the judicial system, not necessarily quickly.necessarily quickly.

• Public Public – this means you have the right – this means you have the right to call witness to support your case. to call witness to support your case. They cannot hold your trial in secret.They cannot hold your trial in secret.

• Jury of your peers Jury of your peers – Your peers are not – Your peers are not just like you but they are people from just like you but they are people from your area.your area.

• Being Being told what youtold what you’’re accused of re accused of doesndoesn’’t mean at the scene.t mean at the scene.

• Right to a lawyer Right to a lawyer – if you can afford it, – if you can afford it, get your own.get your own.

Amendment 7Amendment 7 Right to take Right to take

someone to civil someone to civil court if they owe court if they owe

you you $20.00 or more$20.00 or more

Is it a good idea to sue someone for $20.00?

• Not really since it cost $25.00 to file a civil court case, but when the Constitution was written, $20.00 was a lot of money.

Amendment 8Amendment 8

No No cruel or cruel or unusualunusual

punishmentpunishment

Amendment 9Amendment 9

People People cannot be cannot be denied any rightdenied any right just because it is just because it is not listed in the not listed in the ConstitutionConstitution..

Amendment Amendment 1010 States have rights not States have rights not

given to the Federal given to the Federal Government, but states Government, but states also cannot go against also cannot go against Federal lawFederal law..