Bill of Rights Proposed: September 25, 1789 Ratified: December 15, 1791 Meant to restrict national government, not the states (14 th Amendment makes them

Bill of RightsBill of RightsProposed: September 25, 1789Proposed: September 25, 1789Ratified: December 15, 1791Ratified: December 15, 1791

Meant to restrict national government, not the statesMeant to restrict national government, not the states(14(14thth Amendment makes them apply to states Amendment makes them apply to states

according to the Supreme Court)according to the Supreme Court)None of the rights are absolute, respect for rights of None of the rights are absolute, respect for rights of

othersothers

Amendment 1Amendment 1

““Congress shall make no law Congress shall make no law respecting an establishment of respecting an establishment of religion, or prohibiting the free religion, or prohibiting the free exercise thereof, or abridging the exercise thereof, or abridging the freedom of speech, or of the press; freedom of speech, or of the press; or the right of the people peaceably or the right of the people peaceably to assemble, and to petition the to assemble, and to petition the Government for a redress of Government for a redress of grievances.” grievances.”

Amendment 1 (In Amendment 1 (In English)English)

Freedom of: Freedom of: Religion (thought and practice, Religion (thought and practice,

separation church and state)separation church and state) Speech (speak, publish, express views)Speech (speak, publish, express views) Press (speak, publish, express views)Press (speak, publish, express views) Assembly (join with others in public Assembly (join with others in public

meetings, political parties, interest meetings, political parties, interest groups, and other associations to discuss groups, and other associations to discuss public affairds and influence public public affairds and influence public policy)policy)

PetitionPetition


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


Right to keep and bear armsRight to keep and bear arms Each state has a right to its own militia Each state has a right to its own militia

or armed forceor armed force National GuardNational Guard

National and State Governments can National and State Governments can restrict private possession and use (all restrict private possession and use (all States in some form, Illinois is 1 of 2 States in some form, Illinois is 1 of 2 states without concealed carry)states without concealed carry)


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


BritishBritish Lodging in Private homesLodging in Private homes


““The right of the people to be secure in The right of the people to be secure in their persons, houses, papers, and their persons, houses, papers, and effects, against unreasonable searches effects, against unreasonable searches and seizures, shall not be violated, and and seizures, shall not be violated, and no warrants shall issue, but upon no warrants shall issue, but upon probable cause, supported by Oath or probable cause, supported by Oath or affirmation, and particularly describing affirmation, and particularly describing the place to be searched, and the the place to be searched, and the persons or things to be seized.” persons or things to be seized.”


No unreasonable search and seizure No unreasonable search and seizure (evidence or persons)(evidence or persons)

Warrants required (specific)Warrants required (specific) Probable cause requiredProbable cause required

Exclusionary Rule: From Supreme Exclusionary Rule: From Supreme Court: Illegally obtained evidence Court: Illegally obtained evidence cannot be used at trialcannot be used at trial

Amendment 5Amendment 5 ““No person shall be held to answer for a No person shall be held to answer for a

capital, or otherwise infamous crime, unless on capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, a presentment or indictment of a Grand Jury, except in cases arising in the land or naval except in cases arising in the land or naval forces, or in the Militia, when in actual service forces, or in the Militia, when in actual service in time of War or public danger; nor shall any in time of War or public danger; nor shall any person be subject for the same offence to be person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a be compelled in any criminal case to be a witness against himself, nor be deprived of life, witness against himself, nor be deprived of life, liberty, or property, without due process of law; liberty, or property, without due process of law; nor shall private property be taken for public nor shall private property be taken for public use, without just compensation.”use, without just compensation.”


Presentment or Indictment by Grand JuryPresentment or Indictment by Grand Jury Charged, accused of crimeCharged, accused of crime

No Double Jeopardy (tried twice)No Double Jeopardy (tried twice) Not required to bear witness against oneselfNot required to bear witness against oneself

Protection against self-incriminationProtection against self-incrimination Not required to answer any question in any Not required to answer any question in any

governmental proceeding if that answer could lead to governmental proceeding if that answer could lead to that person’s prosecutionthat person’s prosecution

Due ProcessDue Process No unfair or arbitrary actionsNo unfair or arbitrary actions

Eminent Domain Eminent Domain Government may take property for public Government may take property for public

purposespurposes Must pay fair price Must pay fair price

Amendment 6Amendment 6 ““In all criminal prosecutions, the In all criminal prosecutions, the

accused shall enjoy the right to a speedy accused shall enjoy the right to a speedy and public trial, by an impartial jury of and public trial, by an impartial jury of the State and district wherein the crime the State and district wherein the crime shall have been committed, which shall have been committed, which district shall have been previously district shall have been previously ascertained by law, and to be informed ascertained by law, and to be informed of the nature and cause of the of the nature and cause of the accusation; to be confronted with the accusation; to be confronted with the witnesses against him; to have witnesses against him; to have compulsory process for obtaining compulsory process for obtaining witnesses in his favor, and to have the witnesses in his favor, and to have the Assistance of Counsel for his defence.”Assistance of Counsel for his defence.”


Criminal ProceedingsCriminal Proceedings Right to fair and speedy trialRight to fair and speedy trial Informed of charges against Informed of charges against

defendantdefendant Right to cross examine witnesses against Right to cross examine witnesses against

him/herhim/her Right to compel testimony from Right to compel testimony from

“friendly” witness“friendly” witness Right to an attorneyRight to an attorney


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


Jury in Civil CasesJury in Civil Cases Non-CriminalNon-Criminal

Between two private partiesBetween two private parties OrOr

Government and a private partyGovernment and a private party

Only applies in Federal CourtsOnly applies in Federal Courts Not required (if both sides agree to Not required (if both sides agree to

bench trial)bench trial)


““Excessive bail shall not be required, Excessive bail shall not be required, nor excessive fines imposed, nor nor excessive fines imposed, nor cruel and unusual punishments cruel and unusual punishments inflicted.”inflicted.”


No excessive bailNo excessive bail What is bail?What is bail?

Amount one must give to court as a Amount one must give to court as a guarantee they will show up to court guarantee they will show up to court proceedingsproceedings

Must fit crimeMust fit crime

No cruel and unusual punishmentNo cruel and unusual punishment Punishment must fit the crimePunishment must fit the crime


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


““Unenumerated Rights”Unenumerated Rights” These are not the only rights held by These are not the only rights held by

the peoplethe people


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


Reserved PowersReserved Powers Identifies areas of power given to the Identifies areas of power given to the

StatesStates All powers not specifically given to All powers not specifically given to

the national government, or forbidden the national government, or forbidden of states, belong to the statesof states, belong to the states

Not prohibited, not given to feds = Not prohibited, not given to feds = StatesStates

Documents

Bill of Rights Proposed: September 25, 1789 Ratified: December 15, 1791 Meant to restrict national government, not the states (14 th Amendment makes them