Bill of rights fill in 08

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Transcript of Bill of rights fill in 08

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Amendment #1

• A. Freedom of RELIGION “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof;”

• The government can’t establish an official religion

• IT IS YOUR CHOICE! You can choose your own religion or none at all.

• You can not be forced to attend or support any religious event, function, or facility.

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Amendment #1

• B. Freedom of SPEECH “or abridging the freedom of speech”

• The government cannot stop you from expressing your own view and ideas

• However, this does not mean you say anything you want. Your speech whether it is spoken, written or symbolic must past the TEST:

• It must be truth or opinion• It must not be a threat• It must not endanger public safety

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Amendment #1• If your speech does not pass the TEST then your

speech is not protected and you are responsible. You are:

• Libel=writing a lie statement that may damage a person’s reputation.• Slander=saying a false statement that may damage

a person’s reputation• Responsible=for any damage that your speech

may cause

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Amendment #1

• C. Freedom of PRESS “or of the press;”

• Government cannot control the media.

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Amendment #1

• D. Freedom of ASSEMBLY”

or of the right of the people to peacefully assemble.”

• People have the right to peacefully assemble

• Must be peaceful and not breaking the rules or law

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Amendment #1

• E. Freedom of PETITION

“and to petition the government for a redress of grievances”

• Getting signatures of voters to petition against or showing they are against a law or government official

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Amendment #2

• The Right to Bear arms

• The right to own a gun and to defend your home

• Does not mean you can carry a gun wherever you go

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Amendment #3

• The right not to quarter soldiers

• Citizens can not be forced to care for (house) soldiers

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Amendment #4• Freedom from

unreasonable search and seizure

• Police and government can’t search your home or property without a search warrant

• Police and government can’t search you without probable cause (a reason)

• Anything found while illegally searching can not be used in court

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Amendment #5• Due process of Law• You can not be deprived

of your life, freedom, or property without due process of law

• Can not be tried for the same crime twice, this is called Double Jeopardy

• You do not have to be a witness against yourself

Can’t be tried twice for

same crime

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Due Process even 1960’s cartoon

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Amendment #5

• Miranda v Arizona (famous supreme court case)• “Mirandizing”- You must be read your rights

when you are arrested• “You have the right to remain silent anything

you say or do will be used against you in a court of law. You have right to an attorney, if you can’t afford an attorney, one will be provided for you by the courts. Do you understand your rights?

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Amendment #6

• Right to a speedy trial• Government must take

you to court in a timely manner. You must be told what you are accused of. You must also be able to confront the witness against you and be given the assistance of counsel.

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Amendment #7

• The Right to a trial by a jury of your peers

• You have the right to a jury of people selected from in and around your community

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Amendment #8

• No cruel and unusual punishment

• Punishment must fit the crime.

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Amendment #9

• Constitutional Rights do not deny other rights

• The Constitution can not list all your rights

• “If it doesn’t say you can not do it, then you can”…kind of…

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Amendment #10

• States Rights

• Powers not listed in the Constitution belong to the states

• The Constitution shows all the Federal government’s power. If a power is not given to the federal government then it belongs to the states.

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Note on the Constitution

• In Article I Section 8 of the US Constitution lies the "enumerated powers" of Congress. The last of which is what is referred to as the “elastic clause.”

Congress shall have the power...

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.