3.1 - BILL OF RIGHTS

• meant to protect civil liberties
  civil liberties: personal freedoms guaranteed protection from gov. interference

MADISON’S ROLE

• initially critiqued
  i. believed checks/balances prevented gov. from depriving rights
  ii. if they forgot any rights → citizens vulnerable

• eventually wrote BoR

OVERVIEW

1st - freedom of speech, press, religion, assembly
2nd - right to bear arms
3rd - no quartering troops
4th - unreasonable searches/seizures, probable cause

5th - rights of the accused: due process, self-incrimination, innocent till proven guilty
6th - right to fair, impartial, speedy trial
7th - right to trial by fair jury
8th - no cruel/unusual punishment

9th - implicit protected rights
10th - state-reserved powers

• initially only applied to federal gov. until selective incorporation doctrine utilized
  barron v. baltimore 1833: court ruled that protections didn’t have to be guaranteed by states

• must balance individual liberties+public interest
  public interest: welfare/safety of general public

• 14th amendment: no state can deprive any person of life, liberty, property without due process of law
  i. basis of selective incorporation