BILL OF RIGHTS IN ACTIONAlphonse Koffi

Period 5AP Government

The Bill of Rights

These are the first 10 amendments to the constitution.

These amendments make up some of your most basic rights as an American.

1st Amendment

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.

This deals with some basic freedoms such as speech, press and assembly and petitioning the government this also deals with the congress being not allowed to establish a religion or prohibit a certain religion from practicing their belief.

1st Amendment Court Case

Schenck v. United States established The “clear and present danger” test for free speech.

This means that if went into a movie theater and yelled “FIRE” when there is no fire that speech wouldn’t be protected

1st Amendment Court Case (cont.)

Tinker v. Des Moines ruled that free speech was limited in schools ,but the non-disruptive symbolic speech the students were performing was protected.

So in this case if everyone wore shit saying “Free Weezy” and had a picture of Lil Wayne on it that would be perfectly acceptable in the context of Tinker v. Des Moines

1st Amendment Court Case

Hazelwood School Dist. v. Kuhlmeier ruled that since free speech is limited in schools a school principal could pull the school newspaper if they viewed the content as in appropriate.

So if Bernstein produces and article calling all the admins useless idiots then no matter how true it is the article could be pulled by the principle.

1st Amendment Court Case (cont.)

Near v. Minnesota stated that a Minnesota slaw the prohibited the publication of "malicious" or "scandalous" newspapers violated the 1st Amendment and thus was unconstitutional.

So me publishing a newspaper saying Osama was Obama's brother would be protected as part of freedom of press and free speech under the 1st amendment

2nd Amendment

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.

Yes, this amendment everyone is entitled to bear arms (get it) but this means this is the right to own guns, due to government regulation of guns this amendment is a major article of debate for between the left and the right.

3rd Amendment

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.

This amendment was made as a response to the colonists being forced to quarter troops against their will, this amendment made forced quartering of troops illegal

4th Amendment

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.

As stated this protects the people from unlawful search and seizure by the police

4th Amendment Court Cases

Mapp Vs. Ohio established the principle of “fruits of the poisonous tree” meaning evidence obtained with out a warrant can’t be admitted in court.

If the cops searched this dude named Bernstein were to have his house searched without a warrant and the found 10 kilograms of crack the couldn’t admit that into court as evidence against him.

4th Amendment Court Cases (cont.)

New Jersey v. T. L. O. ruled that in schools security and administration only need probable cause to search a student.

So if my Bernstein came out of a school bathroom in a school smelling like smoke the administration would have probable cause to search him for cigarettes.

5th Amendment 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 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 be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 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 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 be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

This is basically a due process of law amendment which protects against self-incrimination, double jeopardy and just compensation for use of private property

5th Amendment Court Cases

Miranda v. Arizona ruled that people have to be read their rights by the police at the time of the arrest.

This means that if Bernstein is arrested by police and not read his rights, then interrogated and confesses that confession is inadmissible in court

6th Amendment

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.

This is the right to a speedy, public trial and to a jury with no bias for or against you and to be tried in the district where the crime was committed with access to counsel to assist in your defense.

6th Amendment Court Cases

Gideon v. Wainwright ruled that defense counsel had to be provided for those accused of criminal charges who couldn’t afford counsel.

Lets say Bernstein was accused of robbing a convince store and was taken to court. Under Gideon v. Wainwright Bernstein would have to be provided with defense counsel and if he wasn't they would re-trial due to the first one being conducted improperly

7th Amendment

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.

In suits where the value being disputed is over $20 you have the right to a trial by jury.

8th Amendment

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

This is self-explanatory and it protects against excessive bails/fines and cruel and unusual punishment.

9th Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

This protect against government using the constitution to abridge personal freedoms

10th Amendment

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.

This means even if the constitution doesn’t state a certain power it doesn’t mean you don’t have the power

THE END!