October 26-31

The Bill of Rights

The first 10 amendments are known as the Bill of Rights. They were written by James Madison . They were proposed by the first session of Congress and were adopted in 1791.

Amendment 1. Freedom of Religion, Speech, Press, Assembly & Petition

-Congress may not pass any law creating an official religion or preventing people from worshiping in their own way. Congress may not limit the rights of the people to speak or write their opinions freely, to gather together in meetings, or to request the government to correct abuses.


Amendment 2. Right to Bear Arms

-People have the right to keep and bear arms, however, this right is not absolute. The national government and many state governments regulate the purchase, possession, and use of firearms.


Amendment 3. Quartering Troops

-No one may be forced to keep soldiers in his or her home during peacetime, or in wartime unless requested to do so by law.


4th Amendment: Searches and Seizures
*The 4th Amendment guarantees Americans their privacy.

-The government is prohibited from conducting illegal searches and seizures.

-For the government to search or seize your property they must first attain a warrant.

-Warrants cannot be issued without probable cause.


5th Amendment: Rights of Accused Persons
*The 5th Amendment protects the legal rights of accused people in criminal proceedings.

-No one may be put on trial for a serious crime unless a grand jury finds sufficient evidence against the accused.

-No one may be put in double jeopardy. This means that a person can only be put on trial for a specific crime once.

-No one can be forced to testify against themselves, or say anything under oath than can be self-incriminating.

-All people are guaranteed due process of law. This means that all people are guaranteed all the rights and privileges available under the law.

-The government may take private property for public use only when it pays the owner a price that is fair market value or greater. This is called eminent domain.


6th Amendment: Procedural Rights of Accused Persons
*This Amendment protects the procedural rights of accused people in criminal proceedings.
-All people accused of a crime are entitled to a fair and speedy trial.
- All people accused of a crime are entitled to a trial by a jury of their peers.
-All people are entitled to a trial in the state and district where the crime was committed.
-All people accused of a crime have the right to be informed of the charges against them.
-All witnesses must testify against the accused publicly in an open court with the accused present.
-All people accused of a crime are entitled to have witnesses testify favorably on their behalf in court.
-All people accused of a crime have the right to be represented in court by an attorney.


7th Amendment: Civil Suits
*Anyone being sued in federal court is guaranteed a trial by jury as long as the amount that they are being sued for is greater than $20.

8th Amendment: Bail and Punishment
-People who are arrested for a crime may be released until the date of their trial if they pay a sum of money called bail that is reasonably related to the seriousness of the crime they were accused of.

-Fines may be imposed on people as a form of legal punishment. The fine must not be excessive, it must be reasonably related to the seriousness of the crime.

-No cruel and unusual punishments can be imposed on a person convicted of a crime.


9th Amendment: Powers Reserved to the People
*This Amendment recognizes that the Constitution includes many rights that are listed; however it states that the rights of the people that are listed directly in the Constitution are not the only rights that Americans are entitled to.


10th Amendment: Powers Reserved to the States
*This Amendment states that the powers that are not listed in the Constitution or prohibited by the Constitution belong to the individual states.


11th Amendment: Suits Against States
*When a state is sued by a citizen of another state, or a citizen of another country, the case will be tried in a state court, not a federal court.

12th Amendment: Election of President and Vice-President
*This Amendment defines the way the President and Vice-President are elected.
-The President and Vice-President are elected by the electoral college.
-The person who is running for President cannot at the same time run for Vice-President, and vice versa.
-The President and Vice-President must run together on the same ticket.
-The candidates for President and Vice-President cannot be residents of the same states.
-Each member of the Electoral College must cast one vote for President, and one vote for Vice-President.
-The winner of the Presidential election must receive the majority of electoral votes.
-If no candidate receives a majority of electoral votes the House of Representatives will choose the President from the candidates with the three highest total of electoral votes.