Bill of Rights 10/23

When was the Bill of Righs ratified?

1791

Who wrote the Bill of Rights?

James Madison wrote the Bill of Rights as a compromise (originally did not think it was needed).

what does the bill of rights represent?

represented the principle of limited government and protection of individual liberties

framers

Framers believed that limiting government power and protecting individual liberty was their most vital task. They sought to get personal freedoms and rights for citizens.

check and balance

It outlines the rights and powers of the people while limiting the power of the government. The checks in checks and balances is what the Bill of Rights is; it keeps the federal government in check.

federalist

Favored a strong central government; initially opposed adding a Bill of Rights.

Anti-Federalists

Led by Thomas Jefferson; wanted strong state governments and demanded a national Bill of Rights to protect individual freedoms

What did James Madison request.

Madison went to all the states to request that they send him all his stuff. He shortened 200 to 12, but only 10 were ratified

what is the bill of rights compromise

The Bill of Rights compromise, the Great Compromise, and the ⅗ compromise got the Constitution passed.

Amendment 1

Five Basic freedoms

• Freedom of speech: You have to remember that these freedoms protect us from government abuse. There are limits to your rights; there are limits to what you can say. It is the essence of what it means to be an American, but there are still limits. You can not incite people to commit crimes, to commit acts of violence; you cannot threaten people. Hate speech: this freedom protects unpopular speech; it protects speech you don’t like. You cannot lie about a person or defame someone. You can be sued, not by the government, though.

• Freedom of religion: The Establishment Clause, we have not established an official religion. Separation of church and state. The federal government doesn’t support (financially) a specific religion. Our property tax money goes to the State of California, who fund public education. You cannot have human sacrifices. You cannot incite violence

• freedom of the press: This protects new organizations from government backlash. Keeps the people informed of what the government is doing. Without freedom of the press, who would have known about Watergate

• Freedom of assembly: It needs to be peaceful and within the law

• Freedom of petition: It is the right to ask the government to change something, but that doesn’t mean the government will do it

Amendment 2

Right to bear arms

1. Guarantees the right to keep and bear arms.

2. "A well-regulated militia, being necessary to the security of a free state..."

• States can limit access to g*ns but cannot outright ban people from having them.

Amendment 3

Quartering Soldiers

1. Protection from quartering soldiers in private homes during peacetime without owner consent.

• Quarter means housing them (“I'm going to my quarters")

• Gives us the right to privacy.

Amendment 4

Search & seizure

1. Protection against unreasonable searches and seizures.

2. Requires warrants supported by probable cause (e.g., Collins v. Virginia).

• Protects people from unreasonable search and seizures (police, who represent the government)

• A law enforcement agent must have either probable cause or a warrant to search a person's private property.

what do the 3 and 4 amendment have in common

they keep people out of your house

Amendment 5

Criminal Proceedings & Due Process

1. Right to a grand jury indictment.

2. Protection against double jeopardy (being tried twice for the same offense).

3. Protection against self-incrimination (right to remain silent).

4. Guarantees due process of law before depriving life, liberty, or property.

• A jury is a group of people who listen to the evidence from the prosecuting attorney, and they determine if there is enough evidence to go to trial. If they say yes, they will indict (meaning you can go to trial).

• No person will be deprived of life, liberty, or property without DUE PROCESS of law

• This deals with the federal government

• A person shall not be compelled to be a witness against themselves

• A person does not have to take the stand in their defense

• They can’t kill you

• Private property should not be taken for public use without compensation

Amendment 6

Right to a Fair Trial

1. Right to a speedy and public trial by an impartial jury.

2. Right to be informed of criminal charges.

3. Right to confront accusers and compel witnesses.

4. Right to counsel for legal defense.

Amendment 7

Jury Trial in Civil Cases

1. Right to a trial by jury in civil disputes exceeding a set monetary threshold.

2. Jury decisions of fact cannot be arbitrarily re-examined by courts.

• It is an important amendment to resolve issues between people

• Right to a jury in a civil trial in certain cases

• A judge may not contradict a jury’s decisions

• Another court may not overturn the jury’s decisions unless there is a legitimate legal reason

• Small claims court is based on the 7th Amendment, in that you can sue. The difference is that typically you're suing for nothing over than $10,000. There are no attorneys (Judge Judy)

Amendment 8

Bail & Punishment

1. Protection against excessive bail or excessive fines.

2. Protection against cruel and unusual punishment.

• Excessive bail (def: money given to the courts to release an accused person with the promise to show up for all hearings and trials) or fines should not be required

• If you do show up to everything, you get your money back even if you are convicted. If you are convicted, they might use that to pay off any fines. If you don’t come, that’s called jumping bail, and they can issue a bench warrant for your arrest

• No cruel and/or unusual punishment

Amendment 9

Unenumerated Rights

1. Individual rights not specifically listed in the Constitution belong to the people.

2. Protects unenumerated fundamental rights (e.g., right to privacy).

• All other rights not specifically expressed belong to the people

Amendment 10

Reserved Powers

1. Powers not delegated to the federal government by the Constitution are reserved to the States or to the people.

2. Establishes the principle of federalism.

• Speed limit, tobacco access (21 years of age) unless you are an active military person, drinking

Double Jeopardy

a person cannot be retried for a crime that they have been found not guilty of committing.

indictment

a formal written accusation issued by a grand jury that charges a person with committing a crime.