The Bill of Rights

Bill of Rights

1st 10 Amendments to the Constitution

1st Amendment

Freedom of speech, press, assembly, religion and petition

Schenk vs U S (1919)

The Supreme Court invented the famous "clear and present danger" test to determine when a state could constitutionally limit an individual's free speech rights under the First Amendment.

2nd Amendment

State can maintain a militia; National and state governments can and do regulate private possession and use of firearms

3rd Amendment

Right to privacy in one's home;

Private citizens do not have to house troops

4th Amendment

Individual right to privacy unless law enforcement has the proper warrant obtained with probable cause for search and seizure

Reasonable Suspicion

Well- founded articulable suspicion of criminal activity based on officer training and experience; belief that a person is about to commit a crime (Person swerving in a car)

Probable Cause

Probable cause: facts and circumstances sufficient to warrant a reasonable belief that the suspect is in possession of contraband or other evidence that would support an arrest (Fertive movement once stopped)

Unadmissable Evidence

Evidence from unlawful search cannot be used in court

5th Amendment

A person has to be indicted (charges listed) to be tried for a serious crime

A person has the right to due process (federal government must act fairly and in accordance with established rules in all it does)

No double jeopardy (you can't be tried twice for the same crime)

A person is protected against self- incrimination (does not have to tell on self; spouse)

Eminent domain (the power of government to take private property for public use; government must pay fair price for property and must use it to benefit the public)

Miranda vs Arizona (1966)

You must be advised of your rights before being questioned by law enforcement if you are suspected of a crime (Miranda Warning)

Miranda Warning

6th Amendment

Informed of charges

Speedy trial; person cannot be held for an unnecessarily long time while awaiting trial Trial by impartial jury (can ask for judge trial)

Favorable witnesses

Cross examination of witnesses

Right to an attorney)

Gideon v Wainwright (1963)

You must be provided with a lawyer if you are unable to afford one

7th Amendment

A trial by jury when dispute between persons for more than $20 occurs Can waive jury trial for bench trial (TV court)

8th Amendment

Bail imposed must be reasonably related to the seriousness of the crime; Forbids punishment that is too harsh for the crime

9th Amendment

People have unenumerated (too many to number) rights;

People hold other rights that may not be set in the Constitutio

10th Amendment

All powers not granted to the national government belong to the States

Federalists

For the ratification of the Constitution

Anti-Federalists

Against ratification of the constitution

Popular Sovereignty

the people establish government and give it power

Limited Government

government powers are restricted to protect individual rights

Separation of Powers

division of power between the Legislative, Executive and Judicial Branches to prevent abuse of power

Checks and Balances

each branch has the authority to check or restrain the use of power by the other branches

Judicial Review

the Supreme Court can strike down laws and other government actions not constitutional

Federalism

the division of power between the federal and state governments

1st method of formally amending Constitution

2/3 vote in each house of Congress

Ratified by 3/4 State legislatures

26 of 27 Amendments adopted

2nd method of formally amending Constitution

Amendment proposed by Congress

Ratified by convention in 3/4 States

21st Amendment

Informal ways to amend Constitution

Basic Legislation

Executive Action

Court Decisions

Party Practices: Electoral College, National Conventions

Custom: Cabinet, Senatorial Courtesy

With freedoms

comes responsibility

Exercise of freedom

may have consequences