Chapter 10

Chapter 10

1. 10.1

   • The adoption of the constitution depended on approval from 9/13 states
   • Massachusetts started an oposition
     • They complained the constitution didn't list the rights of the people
       • Federalists looked to John Hancock (Governor of Massachusetts)
         • They baited the governor with the presidency
           • Bill of rights added; Massachusetts approved constitution

2. 10.2

   • Washington became president; John Adams-VP
   • Madison proposed Bill of Rights
     • Madison sifted through nearly 100 proposed amendments. He chose those that seemed least controversial, or least likely to cause conflict, and presented them to Congress on June 8, 1789.
       • Still, he persevered until Congress finally approved 12 amendments.
         • Under the Constitution, three-quarters of the states must ratify an amendment before it can become law. The states rejected the first two amendments, which dealt with the size of congressional districts and congressional pay raises. Both amendments were considered unnecessary. By 1791, the required number of states (nine) had approved the other ten amendments. Together, these ten amendments form the Bill of Rights.

3. 10.3

   • James Madison combined five basic freedoms into the First Amendment.
     • These are the freedoms of religion, speech, the press, and assembly and the right to petition the government.
       • When a person believes that the government has violated these rights, he or she may challenge the government's action in court. The same is true of all other rights protected in the Constitution.
   • If the case reaches the Supreme Court, the nine Supreme Court justices decide how the Constitution applies to the situation. After hearing both sides, the justices vote on the case. One of the justices from the majority side then writes a majority opinion. This document explains how the Court interpreted the Constitution to reach its decision. Any justices who disagree with the majority decision may write minority opinions explaining their reasoning.
     • The Eighth Amendment protects an accused person's rights both before and after trial. Before a trial, it forbids a judge from demanding “excessive” bail. Bail is money or property given to the court to hold until an accused person shows up at trial. If a defendant cannot pay bail, he or she stays in jail until trial. The Eighth Amendment prevents judges from using unreasonably high bail to keep someone in jail before his or her day in court.
       • Judges cannot, for example, impose long prison terms on people convicted of minor crimes. The Court has also held that this amendment prohibits inhumane prison conditions, such as depriving prisoners of food.
         • The Ninth Amendment provides the answer. It says that even though “certain rights” are listed in the Constitution, other rights and liberties not listed there are also “retained [kept] by the people.” The rights protected under the Constitution are not the only rights people have.
           • The Tenth Amendment was included to protect the states from excessive federal power. It says that powers not given to the national government by the Constitution are “reserved to the states . . . or to the people.”

4. A seizure is the act of forcibly taking control of a person or property. Before arresting a person or searching someone's home, police must show a judge that there is good reason for such action.

5. The Fifth Amendment is the longest amendment in the Bill of Rights. It lists five important rights of citizens involved with the justice system.

6. First, this amendment gives people who are accused of serious crimes the right to a grand jury hearing. A grand jury is a group of citizens who hear the government's evidence and decide whether a trial is justified. If so, the grand jury issues an indictment, or formal charge. If not, the accused person is released.

7. Second, the amendment protects citizens from double jeopardy. Jeopardy means risk. This protection ensures that a person who is tried for a crime and found not guilty cannot be tried again for that same crime.

8. Third, the amendment prohibits self-incrimination. This means that police cannot force people to say things that might be used against them in a trial.

9. Today, police are required to remind people of their right to remain silent before they start to question them. They must also warn people that anything they do say can be used against them at a trial. This reminder is known as the “Miranda warning,” after the case in which the Supreme Court defined this requirement.

10. The protection against self-incrimination also applies to a defendant testifying in court. Defendants may refuse to answer questions that might damage their case. This refusal is called “taking the Fifth.”

11. Next, the Fifth Amendment says that a person cannot be deprived of “life, liberty, or property, without due process of law.” The government must follow clear rules and act reasonably as it carries out the law. This concept is known as due process.

12. Finally, the Fifth Amendment says that the government cannot take someone's private property for public use “without just compensation.” Just compensation means that the government must pay a fair price when it takes over a person's property for purposes such as building roads or parks.

13. The Sixth Amendment lists a number of rights that are designed to provide accused persons with fair trials. It begins with the right to “a speedy and public trial, by an impartial jury.”

14. The right to a speedy trial means that people cannot be kept in jail for long periods before being judged at a trial. Speedy trials also ensure that witnesses testify while their memories of events are still fresh.

15. An accused person also has the right to be judged by a jury of people who live in his or her area. The jury must be impartial, which means that jurors are not prejudiced (influenced) against the defendant. Courts have also said that prosecutors cannot exclude potential jurors based on their race or gender.

16. Before a trial, the prosecutor must tell the accused person not only the charge, but also the time and place of the supposed crime. This information is essential to the accused person's preparation of his or her defense.

    • A defendant also has the right to hear and question all witnesses who testify at the trial. In addition, the defendant can ask the court to order reluctant (unwilling) witnesses to testify against their wishes.
      • Lastly, a defendant has the right to an attorney to assist in his or her defense.
        • The Seventh Amendment says that, in all but the most minor cases, people involved in a civil case have a right to a jury trial.
    • The Seventh Amendment also says that “no fact tried by a jury shall be otherwise reexamined.” This means that after a jury decides the facts of a case, no judge can overrule the jury's decision.
    • After a trial, if the person is found guilty, the Eighth Amendment forbids “excessive fines” and “cruel and unusual punishments.