Bill of Rights

1st Amendment - The 5 Freedoms

  • Religion - Congress cannot establish a gov't religion, nor can it prevent people from practicing their religion freely (with some exceptions)


  • Press - the gov't cannot stop the media from printing the truth (there have been some exceptions in war time); media cannot libel someone (libel - a false and malicious published statement that damages somebody's reputation)


  • Speech - the gov't cannot limit what people say, with some exceptions; cannot slander someone (the act or offense of saying something false or malicious that damages somebody's reputation - basically slander is the spoken form of libel); there are other restrictions as well - does not protect falsely yelling fire in a theater 


  • Assembly - people have the right to meet in groups; the gov't can require a permit


  • Petition - people can ask the gov't for changes without fear of retribution.


2nd Amendment - the right to bear arms 

  • there are limits on the right to bear arms - most citizens cannot own fully automatic weapons (those that continue to fire when the trigger is pulled back and held in that position); also, most military grade weapons are not allowed (i.e. grenade launchers, missiles, etc.)


  • States can require permits to own handguns


  • Background checks are required for buying a handgun


  • In Rhode Island one must have a gun safety card before buying a handgun 


3rd Amendment - the gov't cannot force private citizens to let soldiers live in their houses in peace time. 


4th Amendment - protection against unreasonable search and seizure; officials need a warrant to search homes, businesses, etc.


Police need probable cause to get a warrant


Warrants are issued by judges and it must state exactly what place is
to be searched and what persons or items are to be seized.

Can be searched after arrest without a warrant.


5th Amendment - one must be indicted (formally charged) by a grand jury before being tried for a felony - there are some exceptions.


Grand Jury - decides if a person should be put on trial or not

Petit Jury - trial jury - decide if a person is guilty or innocent


-No double jeopardy - a person cannot be tried twice for the same
crime if found innocent the first time.


-One cannot be forced to testify against oneself. (No Self-incrimination)


- One cannot be sent to jail or lose one's property without due process
of the law. (Due Process - the courts must follow established
procedures; they cannot skip steps)


-The gov't can take a private citizen's property for the public good as
long as it pays fair market value for the property.

This is called Eminent Domain.



6th Amendment - trials must be speedy and public - the courts consider a speedy trial as one that moves along when the court
has an open date on the calendar.  There is no specific time period.


-Trial must be in the state and district where the crime was
committed. [The defendant can ask for a change of venue - to
move the trial location - if s/he feels s/he cannot get a fair trial
where the crime was committed.  However, the federal gov't cannot do
this.]


-You have to be told of the charges against you


-You have the right to face witnesses against you


-Gov't must help you obtain witnesses for your defense.


-You have the right to a lawyer


7th Amendment - You have the right to a jury trial in civil cases in federal court if value in question is over $20 (rarely used anymore)


8th Amendment - No excessive bails or fines can be imposed


- No cruel or unusual punishment may be given (the definition of
this has changed over time).


9th Amendment - People have rights that are not listed in the Constitution

-there are so many rights that we have that there was no way to
list them all (e.g. the right to get married, get a job, etc.). 

 

This amendment prevents the gov't from trying to take away
rights that are not listed in the Constitution.


10th Amendment - Any power not given to the federal gov't, nor denied to the states, belongs to the states or the people.


This ensures that individuals retain personal liberties and authority over their lives, reinforcing the principle of federalism.

  • 9th Amendment - The enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people.