Chapter 6.2

Define the freedoms that are protected by the First Amendment.

Summarize the amendments that protect against abuse of power by the government.

Explain how the rights of the accused are protected by the Bill of Rights

Describe the rights protected by the Ninth and Tenth amendment.

Separation of church and state

Eminent domainDue process of lawDouble jeopardy

What is the bill of rights?Why did people want it added to the Constitution?

Spells out basic rights that are protected under our government

Fall into 3 categories:◦Individual Freedoms◦Protection against tyranny◦Protection for those accused of crimes

Guarantees freedom of religion, of speech, and of the press

Right to assemble peacefully

Right to petition the government

Every American is free to practice any religion or none at all

Establishes Separation of church and state

Government may not favor any religion or establish a state religion

1st time in history Religion may never be used as a test for deciding who can hold office or who may vote

Right to speak and write freely, to say what you believe

Can not slander another person – tell lies to damage some one’s reputation

Freedom of the Press◦From the Zenger case◦Prevents the government from deciding what may be printed

Allows people to criticize the government without fearing arrest

Many countries government controls newspapers, radio, and tv

Limits on freedom of the press:◦Can not unfairly damage a person’s reputation by printing lies

◦Can not endanger the lives of citizens (“Fire”)

Right to assemble – meet together

May hold demonstrations to protest as long as:◦Peaceful◦Does not violate the rights of others

Freedom of Petition – Any citizen or group has the right to ask a government representative to change a law, make a new law, or solve a problem

May request in writing, telephone, or by sending a written petition◦Signed by many citizens

List the rights given under the 1st Amendment.

Define assemble and separation of church and state.

Protects the right to possess firearms (own guns)

Needed guns to defend themselves

Remembered the American Revolution

Provided protection against abuse of power

The meaning of this is debated

Do Americans have the right to own guns for personal use?

Government may not require people to house soldiers during peacetime

England allowed soldiers to use colonists’ homes as living quarters

Government must obtain the owner’s consent first

During wartime, a citizen may have to provide soldiers with housing, Congress must approve

Protects people from unreasonable searches and seizures

Officers cannot search a citizen or a citizen’s home without a valid reason

Usually must have a search warrant – written permission from a judge

Police must convince a judge that they are likely to find evidence of a crime

Can the government take away your property for public use?

Build a road, subway, park,etc.

Eminent Domain – the power to take private property for public use

However, government must pay owners fair price for their property

Guarantees that no one may be deprived of life, liberty, or property without due process of law

Right to remain silentCan not force someone to be a witness against himself

“I take the fifth”

Confessions must be given; not forced

If suspected of committing a serious crime, must be indicted by a grand jury

Grand jury determines if there is enough evidence to put the person on trial

Protection from Double jeopardy – being placed on trial twice for the same crime

Found “not guilty” of a crime, can not be put on trial again for the same offense

Explain the 2nd – 5th Amendments.

Define double jeopardy and eminent domain.

Guarantees the right to a trial by jury in criminal cases

Right to speedy, public, and fair trial in any case involving a crime

Can not be tried in secret or kept in jail for a long time awaiting trial

Have the right to the advice of a lawyer

Right to know what the accusations are and the right to ask questions of any witness during the trial

Guarantees the right to a trial by jury in civil cases

Deals with property or money – value must be at least $20.00

Prohibits excessive bail, fines, and punishments

Protects person against unfair treatment both before and after the trial

Bail – a certain amount of money that an accused person may be allowed to deposit with the court to get out of jail until the trial

Pledge that the person will appear at the trial

8th Amendment forbids the bail from being set at an unfair amount

Declares that rights not mentioned in the Constitution belong to the people

Couldn’t possibly include all the rights, so added this amendment

Declares that powers not given to the national government belong to the states or to the people

Settles question of who has powers not listed in Constitution

Explain the 6th- 10th Amendments.

Define bail.