Chapter Four

A Tradition of Democracy Rights and Responsibilities

~~~~~The Bill of Rights

A Ratification Promise

Framers wrote => Secure the blessings of libertyAmericans wanted => actual list of protected rights

• 100 amendment proposals discussed by Congress• 12 proposals presented to the states for approval• 10 amendments ratified by the states

Protecting American FreedomsBill of Rights = The first 10 amendments to the U.S.

Constitution, which set forth basic rights guaranteed to all Americans

1791All rights listed in the Bill of Rights have their origins

in issues from colonial times.

First Amendment• the most familiar rights - so close to our daily lives• the basic rights that are essential to a free people

First AmendmentFreedom of Religion

• the right to practice any religion - or to practice no religion at all• forbids Congress from establishing an official national religion• forbids Congress from favoring one religion in any way

Separation of Church and State = The division between religion and government.• established by Supreme Court decisions interpreting

the First Amendmentexample: no school-sponsored prayers in public schools

• mixed message? early 1950's Congress added the words "under God" to the Pledge of Allegiance and adopted "In God We Trust" as the national motto, which was also then printed on all U.S. money.

LIMITS ------------------------------------------------------- no bigamy or polygamy no human or animal sacrifices no illegal drug use

First AmendmentFreedom of Speech• the right to express ideas and opinions through speech• the right to listen to the ideas and opinions of others• guarantees open expression of thoughts and ideas• right to express opinions about the government• right to criticize the actions of government officials

LIMITS ------------------------------------------------------------------------------------- cannot use speech to injure others or cause physical harm no right to tell lies or to spread false rumors about others cannot be linked to an unlawful act – clear and present danger cannot threaten national security or government overthrow

Slander = Spoken false statements that damage another person’s reputation.

First AmendmentFreedom of Press• right to express ideas in writing

• protects written works – books, newspapers, magazines

the courts have decided that freedom of the press also applies to:television, radio, internet, artwork, lyrics, photos, films, video games, software

LIMITS ------------------------------------------------------------------------------------- cannot publish falsehoods that harm reputations cannot be linked to an unlawful act – clear and present danger cannot threaten national security or government overthrow

Libel = Written falsehoods that damage another person’s reputation.

First Amendment

Freedom of Assembly• freedom to hold meetings• the right to meet to discuss problems and plan actions• gather to express views about government decisions• freedom of association – clubs, unions

freedom of assembly applies to:meetings, rallies, demonstrations, pickets, marches, parades, protests

LIMITS --------------------------------------------------------------- meetings must be peaceful no criminal trespass, buffer zones crowd congestion, required permits cannot be linked to an unlawful act – clear and present danger cannot threaten national security or government overthrow

First Amendment

Freedom of Petition• the right to ask the government to do something or stop doing something• the right to contact representatives and ask them to pass laws you favor• the right to ask representatives to change laws you do not like

LIMITS ------------------------------------------------------------------------------------- must follow legal format

Second Amendment

Right to Bear Arms• the right to own and carry guns

LIMITS -------------------------------------------------------------- restrictions on types of guns regulations for use of guns registrations and permits for possessing guns

Third Amendment

No Quartering of Soldiers• government cannot house soldiers in private citizens' homes during

peacetime without the owners' consent

LIMITS ------------------------------------------------- wartime

Fourth Amendment

No Unreasonable Search or Seizure• protects people from unreasonable searches and seizures• persons or property cannot be searched without just cause• property cannot be taken from us by the government without just cause• requires a search warrant• Implied right of privacy

LIMITS --------------------------------------- plain view destruction of evidence

Search Warrant = A legal document granted by a judge that permits police to enter and search a place where there is reason to

believe evidence of a crime will be found.

Fifth Amendment

Rights of the Accused

1. indictment by grand jury - formally accuse an individual of a crime

a grand jury decides if there is enough evidence to go to trial

2. no self-incrimination - having to testify against oneself (plead the fifth)

3. no double jeopardy - being tried twice for the same crime

4. due process of law - cannot be denied life, liberty, or property until the law has been fairly applied

implies government power to execute and incarcerate citizens

5. right to own private property

basis of U.S. economic system

6. government authority of eminent domain - right to take private propertyfor public use

to build a road or a school or other public need

owner must surrender property but must be paid a fair price

Sixth Amendment

Rights of Fair Trail

1. prompt (speedy) trial

2. public trial

3. trial by a jury

4. must be informed of the charges

5. right to hear and question all witnesses against them

6. right to call witnesses to appear in court

7. right to have a lawyer

• if an accused person cannot afford to hire a lawyer, one will beprovided by the courts and the government pays the lawyer's fee

Some of these rights are also associated with the Miranda warning

Seventh Amendment

Right of Jury Trial in Civil Cases

• provides for a trial by jury in civil cases

involves conflicts over money or property

• lawsuits with a minimum of $20 at stake

Eighth Amendment

No Excessive Bail or Punishment

1. courts cannot set bail that is too high for the crime

• bail is money or property an accused person gives a court to guarantee that he or she will appear for their trial

• allows the accused to remain free until trial concludes

2. no excessive fines (money penalty)

3. forbids "cruel and unusual" punishment

• punishment must fit the crime

• no torture or brutal execution methods

Ninth AmendmentMore Rights for the People• the people of the United States enjoy many other basic rights

that are not listed in the Constitution

• not just those rights that are specifically mentioned in the Constitution and in the first eight amendments

• these rights have not been specifically defined

• ensures that Americans enjoy every right and freedom possible

• the Supreme Court has sometimes uses it as a tool to support people's claims to specific rights

• the right to political activity and the right to privacy

Tenth Amendment

Reserved Powers of the States and People

• all powers not expressly given to the federal government nor forbidden tothe states by the Constitution are reserved to the states or to the people

• gives the states the power to act to guarantee citizens' rights.

• serves as a final guarantee of citizens' rights.