The Bill of Rights and Civil Liberties
The Bill of Rights
Be able to:
- Identify each of the 10 Amendments in the Bill of Rights and what each is about
Amendment 1
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
RASP(berry) P(i)
- Religion
- Assembly
- Speech
- Press
- Petition
Amendment 2
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.
Amendment 3
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.
Amendment 4
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (Search and Seizure)
Amendment 5
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.( Due Process; Double Jeopardy;Grand Jury; Eminent Domain, No self-incrimination)
Amendment 6
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. (Speedy, public trial; impartial jury where crime committed; know of accusations and witnesses against; obtain witnesses in favor; right to an attorney)
Amendment 7
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Amendment 8
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment 9
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment 10
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Civil Rights and Civil Liberties
- Identify examples of civil rights and civil liberties (be able to tell the difference between the two)
Civil liberties are the basic freedoms to think and to act that all people have and that are protected against government abuse. Civil rights are rights of fair and equal status and treatment and right to participate in the government. Civil liberties include religious freedom and civil rights include right to petition government to protect oneself.
The Importance of the Amendments
- Explain why our Founding Fathers included key amendments in the Constitution
They did not like what the British government was doing so they made amendments to make sure the U.S. government did not become like the British Parliament.
- Discuss the importance of the 14th Amendment to rights at the state level
The Bill of Rights only protected people from the federal government restricting certain rights. The 14th amendment has been used to incorporate rights from the federal government to apply to the state governments as well.
The Judicial Branch and the Constitution
- Discuss the importance of court cases and the judicial branch to our understanding of the Constitution and in particular the amendments
Court cases are important because they help to further define our constitutional rights. The judicial branch is important because it helps interpret the constitution.
Limits on Free Speech
- Identify times when free speech is NOT allowed
- Clear and Present Danger
- Slander
- Libel
- Obscenity
- Substantial Disruption Standard
- Analyze whether a public school would be able to punish a student for speech utilizing the six factors in your packet
- Tinker v. Des Moines > Substantial Disruption Standard
- Bethel School District v. Fraser > obscenity, explicit sexual metaphors
- Clear Threats
- In-school activities
- School sponsored activities
- cyberbullying
Interpretations of the Second Amendment
- Explain the two interpretations of the Second Amendment
- The amendment was meant only to allow states to form militias
- The amendment protects an individual’s right to own all types of firearms
Search and Seizure
- Identify and analyze situations when police would not need a search warrant to conduct a legal search
- “In hot pursuit”–if police are currently pursuing someone, they have the right to search the dwelling they enter
- If trash is left on a curb, it is considered public domain and may be searched
- Get permission from a roommate or a spouse in a common space
- Public school locker search
- Explain what a search warrant must detail & how to obtain one
A search warrant must describe probable cause and what will be searched and seized. A judge must approve the warrant and sign it.
- Analyze whether evidence would be allowed in court following a specific search, utilizing the exclusionary rule
If the evidence was “in plain sight” then the evidence may be used against a person in court because it was obtained legally; if it wasn’t “in plain sight” and instead it was in a closed drawer (which the police had no reason to search through), then the exclusionary rule can be applied because the evidence was found illegally (in violation of the defendant’s constitutional rights)
- Explain searches within a school context including drug searches
Searches within a school must have reasonable suspicion such as a dog smelling drugs. A school can only search your locker and not your backpack but they can drug test you at any time but this cannot violate your right to go to school.
Double Jeopardy
- Analyze double jeopardy situations & know in what circumstances double jeopardy actually applies
Being charged with the same crime in a state and a federal court is fine. A mistrial is declared or jury does not reach a verdict – another trial can happen. Being charged for the same crime in both criminal and civil court.
Self-Incrimination and Miranda Rights
- Analyze the taking of confessions, fingerprints, and blood & what the government must do if it forces you to testify
Governments can force an individual to testify but only if they grant them immunity from that testimony. Police must read you your Miranda rights before you confess anything so you don’t self-incriminate. This does not include fingerprints or blood because those are evidence not testimony.
- Discuss the self-incrimination component and the Miranda Rights & the controversy over use of the Miranda Rights
Protection against self-incrimination extends outside the courtroom to when a suspect is arrested and if police do not read the Miranda rights, any statements made may not be used in court. Some guilty people go free because a police officer did not read them their rights. The warnings protect innocent people from being tricked or forced into confessing to a crime.
Due Process
- Discuss whether an individual’s due process rights are violated & identify the goals of due process
Due process is violated when the government has deprived you of life, liberty, or property or that your loss of that right outweighs any larger interest. The goal is to protect people’s rights against unjust procedures or laws.
- Be able to differentiate between procedural due process and substantive due process
Substantive due process is questioning if laws are in and of themselves just. Procedural due process questions whether the processes are just.
Jury Selection and Speedy Trials
- Discuss the factors involved in jury selection and a speedy trial & why we grant public and speedy trials
Voir Dire allows lawyers to pick unbiased jurors so they can have a fair jury. By having a speedy and public trial, the witnesses have fresh memories, if the person is innocent, they aren’t in jail for too long, by making the trial public, people can see if something unconstitutional happens.
Cruel and Unusual Punishment
- Explain how the terms “cruel and unusual” have been analyzed and by whom
They have been analyzed in lower courts but never explicitly by higher courts, left up to interpretation
The Ninth Amendment
- Explain how the Ninth Amendment is considered the “loophole” amendment
Open for discussion by saying some rights may have been left out
The Tenth Amendment
- Explain how the Tenth Amendment affected the division of power between various levels of government
Gave states powers not delegated to the Federal government