The Bill of Rights: The first 10 amendments to the

The Bill of Rights:

• The first 10 amendments to the

• U. S. Constitution

Who determines what the Bill of Rights mean?

• The Supreme Court makes rulings on the meaning.

• The Supreme Court balances the rights of the individual with the needs of society.

1st Amendment = 5 rights

• Freedom of Speech

• Freedom of Religion

• Freedom of the Press

• Freedom of Assembly

• Freedom to petition the government

Free Speech

• “Congress shall make no laws . . . abridging the freedom of speech.”

• Limits:

• Threaten to blow up airplanes, schools, or the president
• Sexual harassment
• Create too much social chaos
• Extremely crude language in a public forum
• Disrespectful, vulgar language in schools
• Hate crimes

Free Speech: Individuals can…

• Say any political belief

• Protest (without getting out of control)

• Say things about someone that are true

• Burn the flag

• Say racist and hate slogans

• Free speech means someone might say something you disagree with.

Freedom of Religion

• “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of.”

• Two clauses:

• Establishment clause
• Free Exercise clause

Establishment and free exercise clause often conflict with each other.

• In schools, the religion issue is most prevalent.

• A student may raise her hand and say, “Teacher, can we say an opening prayer before this test?”

Establishment Clause: Government cannot promote religion.

Establishment Clause: Government Cans Cannot

• Teach about religions in school

• Allow voluntary prayer in many instances

• Transport students to a religious school

• Read Bible for culture or literacy content

Free Exercise: People Can Cannot

• Choose any religion

• Lead a prayer in most instances

• Ask questions about religions

Freedom of the Press

• Congress shall make no law . . . abridging . . . the freedom of the press.”

Freedom of the Press: The Press Can Cannot

• Print any political position

• Make fun of people, especially politicians

• Expose wrongs by the government

• Say things you might not agree with

Freedom of Assembly

• Congress shall make no law . . . Abridging . . . The people to peaceably assemble.”

Freedom of Assembly: People Can Cannot

• Protest

• Parade (with a permit)

• Parade chanting hate slogans

• Gather in public

Petition the Government

• “Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances.”

Petition the government

• You may sue the government for wrongs.

• You cannot be punished for exposing wrongs by the government.

• The courts decide the wrongs.

2nd Amendment: Right To Bear Arms

• “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”

What is the debate with the right to bear arms?

• How much can the government do to keep guns from criminals and youth?

• In order to keep guns away from criminals, does that limit the right of law abiding citizens?

Gun Debate Continued…

• Thousands of people die every year because of guns.

• Thousands of crimes are prevented because of guns.

3rd Amendment

• The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.

Amendments 4-8 Preserve the Rights of the Accused.

4th Amendment

• What does the government need in order to search your home?

• Probable cause
• A warrant given by a judge

5th Amendment

• You cannot be tried for the same crime twice; that is called “double jeopardy.”

• You do not have to testify against your self.

• “I plead the Fifth!”

• You must have due process of law before you are convicted.

• The government cannot take your land unless it pays.

6th Amendment: Speedy Trial and Lawyer

• You have the right to speedy trial by an impartial jury (not favoring either side).

• You must be told of charges.

• You must be provided a lawyer if you cannot afford one.

7th Amendment: Civil Trial by Jury

• “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.”

8th Amendment: Bail and Punishment

• No excessive bail

• No cruel and unusual punishment

9th Amendment: Rights Reserved to the States

• “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

• Allows states to grant more rights than given under the Constitution
• Issues such as
• Gay marriage
• Drinking age
• Driving age
• Abortion limitations

10th Amendment: Rights Reserved to the People

• “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

• If the federal and state governments do not prohibit something, than the people are allowed to do it.