Chapter 10

Chapter 10

1. Creating the Bill of Rights

   • Debate and Approval in Congress
     • Madison chose the proposed amendments that seemed the least controversial.
     • Critics said that Madison's proposals were meaningless.
     • He persevered until Congress finally approved 12 amendments
   • Ratification by the States
     • three-quarters of the states must ratify an amendment before it can become law
     • The states rejected the first two amendments because they were considered unnecessary
     • When Madison first proposed the Bill of Rights, some people saw his amendments as useless “paper barriers” against abuses of government power

2. First Amendment Rights

   • The Right to Worship Freely
     • George Washington and others didn't know how much they should separate the government and religion. They thought to pay teachers of religion with the taxes but Madison strongly diagreed.
     • Congress cannot make any faith the official religion of the United States
     • The first amendment has two gaurentees of the right of religious freedom.
     • people can hold any religious beliefs, without fear of punishment
       • however they cannot do anything they please in the name of the religion like deny their children medical help because of their beliefs
   • The Right to Free Speech and Press
     • First Amendment protects freedom of speech and freedom of the press
     • Without a free press, democratic self-government would be impossible.
     • Even if publishing something could damage the person in charge's name it is not illegal if it is true.
     • The Supreme Court has allowed limits on some kinds of speech, such as speech that endangers public safety.
   • The Right to Assemble and Petition
     • right to assembly means that citizens can use public property for meetings and demonstrations (protest marches, parades, political rallies)
     • Police can arrest a speaker who urges listeners to riot or to break the law.
     • The first amendment does not give the people the right to close streets or buildings or to protest violently.

3. Citizen Protections

   • Second Amendment: The Right to Bear Arms
     • Second Amendment protects an individual's right to own a gun for personal use, including self-defense inside the home
     • People argued over the second amendment and what it meant. Some people thought that you could only bare arms if you had a well organized militia and some thought that it meant that anyone could bare arms for self defense.
     • The supreme court finally mad a decision that anyone could bare arms for self defense.
   • Third Amendment: Quartering Troops in Homes
     • This amendment basically means that no one can intrude to your home.
     • It serves as a waring to the government to respect the privacy of people's homes.
   • Fourth Amendment: Searches and Seizures
     • Fourth Amendment protects people and their belongings from “unreasonable searches and seizures.”
     • Before a police officer arrests someone or searches their home they have to get a warrant.
     • A judge issues a warrant if a police officer has a good reason for it and if a judge decides to issue one he/she will write what can be searched and who exactly will be arrested
     • A warrant is not always required.

4. Legal Rights and Protections

   • Fifth Amendment: Legal Rights
     • 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 that the government chooses and gives them the evidence and decides if they are innocent or guilty.
     • It also protects people from double jeopardy.
       • Double jeopardy states that someone who is found guilty of a crime cannot be charged of the same crime a second time.
     • Prohibits self-incrimination: Police cannot force people to say things that will be used against them in trial.
       • They must also warn people that anything they do say can be used against them at a trial.
     • due process: the concept that the government must follow clear rules and act reasonably as it carries out the law, for example the Supreme Court has held that every person should be presumed innocent until proven guilty
     • The government cannot take someone's private property without "just compensation". The government must pay a fair amount when using it for public purposes.
   • Sixth Amendment: Criminal Trial Rights
     • right to a speedy trial means that people cannot be kept in jail for long periods before being judged at a trial
     • “Public” means that trials may not be held in secret. Citizens have a right to attend trials to make sure that justice is being done.
     • right to be judged by a jury of people who live in his or her area there cannot be a jury influenced by the defendant
     • the prosecutor must tell the accused person not only the charge, but also the time and place of the supposed crime
     • A defendant also has the right to hear and question all witnesses who testify at the trial
     • a defendant has the right to an attorney to assist in his or her defense
   • Seventh Amendment: Civil Trial Rights
     • 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.
       • Civil cases typically involve money, property, or family matters, such as divorce.
     • after a jury decides the facts of a case, no judge can overrule the jury's decision
   • Eighth Amendment: Bail and Punishments
     • The Eighth Amendment protects an accused person's rights both before and after trial.
     • The Eighth Amendment prevents judges from using unreasonably high bail to keep someone in jail before his or her day in court.
     • After a trial, if the person is found guilty, the Eighth Amendment forbids “excessive fines” and “cruel and unusual punishments.”
     • Judges cannot, for example, impose long prison terms on people convicted of minor crimes.
     • Americans continue to debate whether the death penalty should be banned under the Eighth Amendment.

5. Other Rights and Powers

   • Ninth Amendment: Rights Retained by the People
     • 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.”
     • An example of this is the right to privacy.
   • Tenth Amendment: Powers Reserved to the States
     • powers not given to the national government by the Constitution are “reserved to the states . . . or to the people.”
     • Reserved powers allow the states to determine how many days students attend public schools.
     • States have the power to run elections, to regulate businesses inside their borders, and to set up local governments.
     • The Tenth Amendment gives your state the power to issue business licenses to hair salons and the power to make sure your doctor is licensed to practice medicine in your state.