2 Reasons Bill of Rights were Added?
1. to encourage Anti-Federalists to ratify the Constitution
2. Protect Civil Liberties
Two Steps to Create the Bill of Rights?
1. Propose (1789)
2. Ratify (1791)
How many amendments were proposed for the Bill of Rights?
12
How many of the proposed Bill of Rights amendments were eventually ratified?
--11 of 12
--ten in BOR, one later
Civil Liberties
Freedom to think and act how you want without government interference
Five Freedoms of the First Amendments
P-Press
R-Religion
A-Assembly
S-Speech
P-Petition
Establishment Clause
--Congress cannot establish an official religion
--Congress cannot favor one religion over another
Free Exercise
--Congress cannot prohibit the free exercise of any religion
--people can practice whatever religion they choose
Engel v. Vitale
(1962) No government sponsored prayer in school
Wisconsin v. Yoder
(1972) No forced high school if it violates your religion
Free Exercise Exceptions
Cannot violate any law or risk the safety of people, minors, or the community
Pure Speech
The verbal expression of thought in front of an audience that is listening
Symbolic Speech
The use of actions and signs to express a persons' opinion
Seditious Speech
Urging resistance to or promoting the overthrow of the government
Defamation
False speech that damages a person's reputation or character
Brandenburg v. Ohio
(1969) limits the ability to incitement---KKK member can not say things that encourage violence
Tinker v Des Moines
--(1969) students are allowed free speech up to a point
--disruption test
--symbolic speech
Texas v. Johnson
--(1989) flag burning is acceptable form of free speech
--no one can pass a law banning flag burning
Prior Restraint
The censorship of information before it has been published or broadcast
Freedom of Press Exceptions
Materials that are obscene, seditious, libelous, and student press
Miller v California
--(1973) Set guidelines for obscene materials
--Created a test to determine whether materials are obscene
--deals w/ freedom of speech issues
Hazelwood v Kuhlmeier
--(1988) School administrators can censor school newspapers
--deals w/ freedom of the Press
Cox v New Hampshire
--(1941) Government can not ban free assembly, but can limit free assembly w/ time, place and permit restrictions
--deals w/ Freedom of Assembly issues
Picketing
Patrolling an establishment to convince workers and people not to enter
What is the main drawback to Freedom of Petition?
While you can request something or an action from the gov't, they do not have to take action
Amendment 2
The Right to Bear Arms
National Firearms Act
(1934) Regulated and taxed certain types of weapons
Gun Control Act of 1968
(1968) Denies certain groups of people from owning a gun including
1. felons
2. fugitives
3. drug addicts
Brady Handgun Act
(1993) Requires a federal background check before purchasing a handgun
ATF
Alcohol, Tobacco and Firearms--Agency that oversees gun laws
Amendment Three
Congress can not force citizens to quarter soldiers in times of peace (can in times of war). Least Used BOR.
Amendment Four
No unreasonable search and seisure
Warrant
Written permission from a judge to search citizens, their belonging, or homes
3 Things needed in a warrant
1. what police are looking for
2. where they are looking
3. probable cause
Exceptions to the need for a warrant
1. Frisks
2. vehicles
3.If a crime is taking place
Exclusionary Rule
Anything collected in violation to a person's rights cannot be used in court
Mapp v Ohio
--Extablished the Exclusionary rule
--Applies to the 4th Amendment
Grandy Jury
Group of people that examine evidence and decide if a trial should take place
Felony
Any type of crime in which the maximum punishment is over one year in jail
Eminent Domain
The ability of the government to take private property for public use
Double Jeopardy
Putting a person found not guilty on trial again for the same crime
Self-Incrimination
Testifying against yourself or having to admit guilt for a crime
Miranda v Arizaona
--Deals w/ 4th and 5th Amendment Rights
--Court case that established the requirement that a person must be told their rights when arrested
Immunity
Freedom from prosecution given to a person in exchange for their testimony
Due Process
Established legal procedures that must be followed in trials and arrests
Amendment 5--5 parts
1. Right to indictment by a grand jury
2. Protection from Double Jeopardy
3. Right to remain silent
4. Right to due process
5. Limits eminant domain
Indictment
A formal charge brought against a person in a serious crime by a grand jury
Amendment 6--5 parts
1. Right to know the charges against him/her
2. Right to a jury trial
3. Right to a speedy public trial
4. Right to question and call witnesses
5. Right to an attorney
Amendment 7
Right to a jury trial in a civil case
Amendment 8
1. No cruel or unusual punishment
2. excessive bails or fines
Roper v Simmons
Executing persons under age 18 is unconstitutional
Amendment 9
Indicates citizens have rights outside of those listed in the Constitution
Amendment 10
Powers not given to the national government are left to states
Reserved Powers
--Powers of the state governments
--From Amendment 10
Probable Cause
A good reason to believe a person has committed a crime
Who proposed the Bill of Rights?
Congress
Which state was the final one necessary for the ratification of the BOR?
Virginia
Disruption Test
--Applies to freedom of speech in schools
--established by Tinker v Desmoines
Most important Amendment?
1st Amendment
Libel
--Applies to Freedom of the Press
--Limits the ability to say something that damages or misrepresents another person
Prepared Militia
The initial intent of the Second Amendment
Amendment Three
One of the least used amendments!
Fruit of a Poisoned Tree
--From Amendment 4
-- if the source of the evidence (tree) is tainted, so is anything gained (fruit) from it
Civil Case
--Cases dealing with disputes among individuals or groups
--compensation is determined (suing for money)
--Have the right to a jury trial
New Jersey v. T.L.O.
the right to privacy is limited when in school
Gideon v. Wainwright
Right to an attorney