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The Bill of Rights�The First 10 Amendments to the Constitution

  • The Bill of Rights tried to guarantee certain rights

  • How did it do?

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1st Amendment

  • Guarantees freedom of religion, speech, the press, assembly, and petition.

  • Limitations?
    • Religion
      • None
    • Speech
      • Clear and Present Danger
        • Can’t say things that will bring harm to our country (Kill the President!)
          • Sometimes called fighting words
      • Libel
        • Written statement that is found to be false and damaging
      • Slander
        • Oral statement that is found to be false and damaging

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2nd Amendment

  • Protects the right to bear arms, which means the right to own a gun.

  • Limitations:
    • Mostly done at state level
      • Licenses
      • Certifications

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3rd Amendment

  • “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.”

    • This means that we cannot be forced to house or quarter soldiers.

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4th Amendment

  • Protects the people from unreasonable searches and seizures.

    • Police must have a warrant to enter our homes.
      • Means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason).

      • What if it is?
        • Exclusionary rule
          • Prohibits evidence obtained during illegal from being used against you

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5th Amendment

  • Protects people from being held for committing a crime unless they are properly indicted
    • You may not be tried twice for the same crime
      • Called double jeopardy
    • You dont have to testify against yourself in court.
      • Called self-incrimination
        • Miranda vs. Arizona
    • Eminent Domain
      • Government cant take your property w/o cause

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6th Amendment

  • Guarantees a speedy trial
    • you cant be kept in jail for over a year without a trial

  • Guarantees an impartial jury
    • doesnt already think you are guilty

  • Guarantees that the accused can confront witnesses against them

  • Guarantees the accused must be allowed to have a lawyer

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7th Amendment

  • Guarantees the right to a speedy civil trial.
    • Two types of trial
      • Civil
        • 2 people sue each other
          • divorce
      • Criminal
        • The government sues you for damages
          • Murder
          • Theft
          • Vandalism

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8th Amendment

  • Guarantees that punishments will be fair and not cruel

    • What about capital punishment?

  • No excessive Bail

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9th Amendment

  • All rights not stated in the Constitution and not forbidden by the Constitution belong to the people.

    • This means that the states can do what they want if the Constitution does not forbid it.

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10th Amendment

  • States that any power not granted to the federal government belongs to the states or to the people.

  • That’s it…..