American Government & PoliticsPOL 105

Erik RankinPgs. 56-85

BOR

The Bill of Rights -

• History

• Hamilton and the Bill of Rights• Was it necessary?

The Bill of Rights – 1st Amendment• Establishment Clause

– No national religion– Were the framers against religion?

• Free Exercise Clause– Can you practice anything?– What if it hurts people?– What if it breaks laws?– Examples in book 1-7

• Freedom of Speech– Unlimited?– Criticism of public officials?– Malice in speech or writing– Clear and Present Danger

The Bill of Rights – 1st Amendment

• Freedom of Press– Libel – Do they have to turn over info if a

crime was committed?– Books, papers– Obscene speech protected?

• Freedom to Peaceably Assemble– When is it not allowed?– Examples

The Bill of Rights – 2nd Amendment

• Guns for everyone?– Let’s get strapped!!!!!!!!!!!!!!!!

• State issue• Original purpose

The Bill of Rights – 3rd Amendment• No GI Joe’s in your house• Unless you say ok that is!

The Bill of Rights – 4thAmendment

• Protection against unreasonable searches, and seizures– Personal privacy

• Warrants for probable cause• Warrants must be specific as to what is to

be searched• Felonies do not require a warrant if there

is no time to get one• Police cannot use deadly force unless the

threat is serious• Person may be searched after arrested –

reasonable searches, not stomach pumping for drugs– Still have to have a warrant for their home to

be searched• Fingerprinting?

The Bill of Rights – 4thAmendment

• When may a vehicle be searched?– If the searchers believe it may contain

evidence of a crime

• Must have a warrant for all searches except- cars and arrested people

• What if evidence is collected unconstitutionally?– Teacher searches?– Can they force you to undergo surgery?– Consensual entrance with evidence in

plain view?– Warrants for outside a building or

private yard?

The Bill of Rights – 5thAmendment

• Right to indictment by a federal Grand Jury in federal criminal cases

• Prohibits Double Jeopardy (yes, Ashley Judd is attractive but no this is not the same!)

• Protects against self incrimination

• Guarantees Due Process– 2 types Substantive & Procedural

• Payment for property taken under eminent domain

The Bill of Rights – 6th Amendment

• Speedy and Public Trial– What is meant by speedy?– Applicable to states via 14th

– Federal Speedy Trial Act – 30 days– Why public?

• Impartial Jury– What’s this mean?– Usually 12 person juries– Usually juries are used in all states if

the penalty is prison over 6 months• Informed of the nature and cause of

accusation• Assistance of Counsel – Gideon

(felonies)

The Bill of Rights – 7th Amendment

• Right to jury trial in federal court

• States do not have to have jury trials in civil cases

• Common Law- decrees and decisions of the British Courts

• Still the theoretical basis of our law– Unless replaced by legislation or

statute

The Bill of Rights – 8th Amendment• No excessive bail• Time period between arrest and trial• Why bail? And how severe?• Cruel and Unusual Punishment

– No barbaric or inhumane treatment– Jail does not need to be comfortable but

there is a line– Second hand smoke? No gloves?– Chain gangs?– Medical treatment?– Death Penalty?

• We are virtually alone in the practice• Humane? Firing Squad, Gas, Elect., injection• Life must be taken to receive, Insanity?• http://www.deathpenaltyinfo.org/state/

The Bill of Rights – 9th Amendment• Nature of man, rights simply because you

are human• Designed to protect the minority from the

will of the majority• Has been used as a justification for privacy

since 1965 Griswold v. Connecticut– Married couple in Conn. Had the right to privacy

against a law that forbid contraception

• Also used to strike down laws against interracial marriages

• Right to an abortion as privacy (Roe)• Husband’s rights via states (uncons.)• Gay rights & privacy?• http://www.christianmusictv.com/

__title__cmtv_homosexual_watch___title_.htm

The Bill of Rights – 10th Amendment• No added or subtracted power

to the US Constitution• Cornerstone of states rights

– To the people means, “we the people”

• Education is wholly the ward of the state

The Bill of Rights – 11th Amendment• You may not sue a state in

federal court without its consent

• Only involves individuals suing, not states

• States may sue one another or the federal government may sue a state

• 1789

The Bill of Rights – 12th Amendment• Supersedes Article II Section 1,

Clause 3• In a presidential election you

actually vote for electors and not for the candidates, they in turn go and vote for your intended candidate

• Each state has the same number of electors as the sum of its reps. And senators

• After the election the electors with the majority of the state popular vote are entitled to cast all of the state’s electoral votes (Winner take all)

The Bill of Rights – 13th Amendment• Elimination of slavery• Eliminates peonage – work off a

debt• Congress has the power to

push equalizing programs – such as EEO, equal housing, equal

education– 1964 & 1968 Civil Rights Acts