Bill of Rights Constitutional Amendments 1-10

Bill of Rights Constitutional Amendments 1-10 Chapters 5 & 6 First Amendment Freedom of: Religion Press - Speech

- Assembly - Petition Establishment clause govt cannot establish an official religion; separation of church and state; different from other countries like Islamic Iran or China that discourages religion Free exercise clause protection of individual right to worship and believe w/out govt interference

Hazelwood v. Kuhlmeier allowed administrators to censor student publications; Tinker = Students in the public schools do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. However, a school need not tolerate student speech that is inconsistent with its "basic educational mission," Brief Quiz: Is flag burning illegal? Can the govt censor the Internet? Second Amendment

Guarantees the right to keep and bear arms Needed for well-equipped citizen army for its own security Third Amendment Prohibits the lodging of soldiers in peacetime w/out dwellers consent Q: Does this still apply today? Why is this important? Fourth Amendment

Prohibits unreasonable searches and seizures of persons or property Probable cause reasonable grounds to believe that a suspect has committed a crime before making an arrest Search warrant court order that authorizes police to search the scene of a suspected crime Fifth Amendment Guarantees rights to: Trial by jury

- due process of law Fair payment when private property is taken for public use Due process of law govt may not act unfairly or unreasonably; fed govt cannot deprive citizen of life, liberty, property; 14th amd places same restrictions on states and local govts Procedural law carried out by a method that is fair and orderly Substantive laws themselves must be reasonable

Prohibits: Compulsory self-incrimination do not have to be witness against yourself Double jeopardy film clip Sixth Amendment Guarantees rights to: Speedy and public trial by impartial jury Counsel Allows: The accused to cross examine witnesses against him/her Solicit testimony from witnesses in his/her favor

Gideon v. Wainwright Gideon accused of robbing a pool hall; did not have $ so requested lawyer; request denied; in prison, studied law; due process clause of 14 th said states had to provide criminal defendants the 6 th amd right to counsel Miranda v. Arizona (1966) must be clearly informed of your rights before conviction Movie Clip: Erin Brockovich Was she given a fair trial?

What are some biases that might determine a trial? Seventh Amendment Guarantees trial by jury in civil cases involving $20 or more Eighth Amendment Prohibits: excessive bail and fines Cruel and unusual punishments authors fearful of tarring and feathering

and whipping that had occurred during colonial times; Louisiana v. Resweber ok to convict a murder to a second electrocution after the first attempt failed; ok to put two prisoners in a cell built for one Plea Bargaining defendant pleads guilty to a sentence less serious than the charge the prosecutor originally brought Ninth Amendment The people have rights in addition to those specified in the Constitution Tenth Amendment

Powers neither delegated to the natl govt nor denied to the states are reserved to the states or to the people

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