The Bill of Rights

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The Bill of Rights

• Chapter 19 and 20
• CP Government

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Liberties and Rights

• Civil Liberties
• Protection against govt.
• You have them because of life

• Civil Rights
• The rules the govt. uses to protect your
  liberties

3
Rights are Relative

• Rights usually conflict
• The government solves the conflict/involved in
  morality
• Your rights end where anothers begin

4
Government ensures

• Tries to protect all citizens
• 1. Health
• 2. Safety
• 3. Morals
• 4. General welfare
• All laws take away some freedom, right or liberty

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14th Amendment

• Guarantees all rights are given to all citizens
  all of the time (equally)
• The due process Amendment
• Equal protection for all people under the law

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1st Amendment

1. Freedom of Religion
2. Freedom of Expression/Press
3. Freedom of Speech
4. The right to Assemble
5. Freedom of Petition

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Religion

• Exercise/ Expression
• Can practice/ believe whatever religion you want

• Establishment Clause
• The govt. should not sponsor a religion

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Separation of Church and State

• The government should be neutral on religion
• Neither help/hurt any one religion
• Much grey area

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Religious Cans

• Can practice freely
• Can use schools after hours for religion reasons
• Can give money to private schools
• Have equal representations in Christmas scenes

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More Cans

• Have a parade (with permission)
• Use animal sacrifice
• Miss school w/out being truant
• Ministers can hold office
• Do not have to salute the flag b/c of religious
  beliefs

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Religious Cant's

• No written prayers in schools
• No Bibles in schools
• No 10 Commandments
• No moment of silence for prayer
• Not take school vaccinations for religious
  reasons (denied admittance to school)

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More Cants

• Have more than one spouse
• Take drugs
• Practice human sacrifice
• Dodge the draft

14
Speech/Press

• Speech and press go together one being said the
  other written
• Libel-written untruths
• Slander- spoken untruths
• Have to prove malicious intent

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Limits on free speech

• Seditious speechurging other to break a law
  (Sedition Act 1917)
• Prior restraintstopping a story before it is
  written (Top Secret)
• Confidentialityreporters protecting a source
  (Shield Law)

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More limits

• Obscenity
• Lacks artistic value
• Offends the average person
• Violates an anti-obscenity law

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More limits

• Moviesratings
• Radio/TVfree airwaves FCC
• Symbolic speechsaying it with a sign/action
  (flag burning)
• Commercial speech--advertising

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Assembly

• Time
• Manner
• Place
• We have the general right to association with
  some limits

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Freedom to Assemble/Petition

• Follow the Ps
• Peaceful reason
• Permission/ Permit
• Notify the Police
• Public property
• Not for illegal reasons

• Petition
• Can ask the government for change
• Referendums
• Initiatives

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2nd Amendment

• Bear arms
• NOT to own a gun/arm yourself
• Allows states to have a militia
• Ohio National Guard

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3rd Amendment

• Quartering of Troops
• Outdated-used in Colonial times
• Never challenged in the courts
• Military would use public buildings not private
  homes today

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4th Amendment

• Searches and seizures
• Need Probable Cause and a warrant from a judge
  to search otherwise it is illegal evidence and
  must be excluded (Exclusionary Rule).unless.

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Exceptions to 4th Amendment

• Use of Illegal Evidence
• Inevitable discovery
• Good faith
• Honest mistake
• Part of drug test

• Search w/o a warrant
• Area of arrest
• Moveable crime scene (cars)
• Emergency
• Plain view

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Terrorism

• USA Patriot Act
• Allows searches w/o warrants if the suspect is a
  terrorist
• Wire taps, e-mail/computers, banking, cell
  phones, credit cards

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School Searches

• School rules apply over government rules.
• New Jersey Vs. TLO
• Reasonable Suspicion/Belief
• 3. Can search you, your car, your locker, your
  stuff

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Bad Old Government

1. Habeas Corpus-unjust arrests-explain why detained
2. Bill of Attainder-punishment without a trial
3. Ex Post Facto-applies new law to prior event

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5th Amendment

• To stop habeas corpus, bills of attainder and ex
  post facto laws (Colonial times)

1. Indictments from Grand Juries
2. Double jeopardy
3. Self- incrimination

• 4.Must get due process before losing rights
• 5.Eminent domain

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Kinds of Due Process

• Substantive
• The words of law. How they are written

• Procedural
• The actions of the government/
• police

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6th Amendment

• Trial Amendment
• Rights in court

1. Speedy (100 days) and public
2. Tried where crime was committed

• 3. Jury of peers
• 4. Informed of crime
• 5. Witnesses both ways
• 6. Have a lawyer

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7th Amendment

• Civil trials
• Suits between people
• Jury if you want
• Small claims lt5,000

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8th Amendment

• Bail
• Ensures you return for trial
• Must be fair
• Can be denied
• Get it back after trial

• Punishment
• Cannot be cruel
• Not be unusual
• No excessive fines
• Death Penalty

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9th Amendment

• The right to privacy/you to be you
• Other rights not listed in the other 8
• Abortion Same sex issues

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10th Amendment

• Reserved powers to the states
• If the Fed does not have it, the states do
• Somewhat untrue today (Fed has most powers)

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13th Amendment

• No involuntary servitude (slavery)
• Considered a part of the Bill of Rights along
  with the 14th Amendment