Week 12 amendments i x

Bill of Rights: Amendments I - X

Bill of Rights (BOR)
When was the Bill of Rights added to the Constitution?

When was the Bill of Rights added to the Constitution? 1791
Why?

When was the Bill of Rights added to the Constitution?
- 1791 after the ratification of the Constitution
Why?
- During the ratification debates on the Constitution, many
Federalists promised the state conventions that if they
ratified the Constitution, the new Congress would
immediately develop a Bill of Rights.
- As a member of the new House of Representatives, James
Madison edited the hundreds of proposed amendments
into 12 that were then passed by Congress onto the
states, who ratified 10 of them. These first 10 amendments
to the Constitution are known as the Bill of Rights (BOR).

BOR
Madison and Hamilton did not initially believe a BOR was
necessary; Why?

BOR
necessary; Why?
- As Hamilton said in Federalist No. 84, “ I go further, and
affirm that bills of rights, in the sense and in the extent in
which they are contended for, are not only unnecessary in
the proposed constitution, but would even be dangerous.
They would contain various exceptions to powers which
are not granted; and on this very account, would afford a
colorable pretext to claim more than were granted. For
why declare that things shall not be done which there is no
power to do?”
- What did he mean?

BOR
necessary; Why?
- As Hamilton said in Federalist No. 84, “ I go further, and
affirm that bills of rights, in the sense and in the extent in
which they are contended for, are not only unnecessary in
the proposed constitution, but would even be dangerous.
They would contain various exceptions to powers which
are not granted; and on this very account, would afford a
colorable pretext to claim more than were granted. For
why declare that things shall not be done which there is no
power to do?”
- What did he mean? Listing the rights in the BOR might
mean that the govt had power over any other natural
rights, ie, if a right is not listed, then it's not protected.

More on the BOR
Note: the BOR originally applied only to the national
government, not the states.
- For example, Connecticut taxed its people to support the
state church, the Congregational church, until 1818 and
Massachusetts until 1833.
- The 14th Amendment and later Supreme Court rulings now
require the states to abide by the BOR as well.
Civil liberties = ?

More on the BOR
Civil liberties = protection from governmental intrusion upon
individual freedoms, many of which are in the BOR
Civil rights = ?

More on the BOR
Civil liberties = protection from governmental intrusion upon
individual freedoms, many of which are in the BOR
Civil rights = governmental actions ensuring that liberties are
extended to all citizens (e.g.,Civil Rights Act of 1964)

First Amendment
“Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech or of the press or the right
of people peaceably to assemble, and to petition the
government for a redress of grievances.”
What five freedoms does this amendment protect?

First Amendment
“Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech or of the press or the right
of people peaceably to assemble, and to petition the
government for a redress of grievances.”
What five freedoms does this amendment protect?
- religion
- speech
- press
- assembly
- petition

First Amendment: Freedom of
Religion
Did the Europeans have freedom of religion at this point in
history?

Religion
history?
- Usually not; each country had an official state church, and if
you were not a member of it or participated in a different
church, you were often punished or persecuted.
- Examples: Roman Catholics & Pilgrims in England,
Hugenots in France, Anabaptists almost everywhere
What does the establishment clause mean?

Religion
history?
- Usually not; each country had an official state church, and if
you were not a member of it or participated in a different
church, you were often punished or persecuted.
- Examples: Roman Catholics & Pilgrims in England,
Hugenots in France, Anabaptists almost everywhere
What does the establishment clause mean?
- The national government was not to establish or set up or
support a church anywhere as many of the states had
done. As mentioned earlier, some of the states taxed their
people and used this money to support their state church,
as was done in Europe.

Freedom of Religion
Note: The national government appoints chaplains to
Congress and the military as well as tax exemptions to
religious organizations b/c the Founders understood the
importance of supporting religion and morality. These
actions are not in violation of the establishment clause.
Bible reading and prayer was allowed to continue in the
public schools as well as release time programs and
busing to parochial schools until the 1960's.
What happened then?

Establishment Clause
Note: The national government appoints chaplains to
Congress and the military as well as tax exemptions to
religious organizations b/c the Founders understood the
importance of supporting religion and morality. These
actions are not in violation of the establishment clause.
Bible reading and prayer was allowed to continue in the
public schools as well as release time programs and
busing to parochial schools until the 1960's.
What happened then?
- Supreme Court rulings became based on the idea of a “wall
of separation” between church & state. This phrase is NOT
found in the Constitution but in a brief letter from Thomas
Jefferson to a CT church. Now referred to as separation of
church and state.

Establishment Clause cont.
Court rulings have forbidden these actions in the public
schools:
- teacher-led prayer
- required Bible reading
- moment of silence
- student-led prayers at football games
- religious content in a valedictorian's speech
YIKES! What do you think? Should these actions be allowed
or forbidden in public schools? What are the pros and cons
in both cases?

Establishment Clause cont.
Lemon Test from Lemon v. Kurtzman 1971 stated that state
statutes affecting religion must pass all three parts of this
test:
1. the state law would need a “secular legislative purpose”
2. the law could not either “advance or inhibit religion” and
3. the law could not foster an “excessive government
entanglement with religion.”
Unfortunately, this law has not simplified things. The courts
are regularly hearing cases on whether cities can have
nativity displays at Christmas or whether schools can let
their students sing Christmas carols, etc. A current issue is
whether the City of New York can forbid churches from
meeting in schools.

Free Exercise clause
What does this clause protect?

Free Exercise clause
What does this clause protect?
- religious beliefs and practices within a wide boundary
- not only can an individual believe what he chooses to
believe, but he can usually act upon that belief as well
However, this freedom is not absolute and can be limited to
protect public safety and morality
- Mormon practice of polygamy was forbidden
- human sacrifice would be forbidden
- smoking of illegal drugs (peyote)
- provision of health care to children of parents with beliefs
against blood transfusions, etc.

Freedom of Speech and the Press
Why is this freedom so important?

- It allows criticism of the government and protects unpopular
ideas from being suppressed; Has anyone read Animal
Farm or 1984 by George Orwell? Or read about what
happens in most dictatorships?
What are the limitations on this freedom?

- It allows criticism of the government and protects unpopular
ideas from being suppressed; Has anyone read Animal
Farm or 1984 by George Orwell? Or read about what
happens in most dictatorships?
What are the limitations on this freedom?
- speech threatening public safety (falsely yelling Fire!)
- sedition or speech intended to overthrow the govt or
endanger national security (Must pass the clear and
present danger test); See Terminiello v. Chicago on p. 408
- speech that disturbs the peace (using amplifiers in public)
- speech that defames others whether spoken (slander) or

Freedom of Speech & the Press
Defamation = malicious words
Private individuals can still sue for defamation, but public
officials and organizations and even celebrities now have
little redress in the case of defamation.
Govt cannot suppress a story before it is published – New
York Times v. United States (Daniel Ellsberg's stolen
documents on the Vietnam War) BUT the paper could be
prosecuted after the story is published
Obscenity is not protected under First Amendment, but the
courts can't agree on a definition. As our culture's
standards of decency have degraded, the definition has
degraded, too. Note the protections for pornography on the
internet.

False advertising is not protected in the same manner
(tobacco companies), but the decisions are not always
predictable
Symbolic speech = ?

predictable
Symbolic speech = expression of ideas through actions
instead of words
Examples?

predictable
Symbolic speech = expression of ideas through actions
instead of words
Examples
- desecration of the flag (wearing it) or flag burning (Texas v.
Johnson 1989)
Do you think flag burning should be protected speech? What
about T-shirts with messages on them?
Note: The Founders originally intended for freedom of
political speech, but the courts have expanded this
definition to any kind of speech.

Broadcast Speech
Broadcast media such as television and radio are limited by
FCC (Federal Communications Commission) regulations,
particularly wrt obscenity and decency. Stations that
violates these rules may lose their broadcast licenses.
What was the FCC's Fairness Doctrine?

Broadcast Speech
Broadcast media such as television and radio are limited by
FCC (Federal Communications Commission) regulations,
particularly wrt obscenity and decency. Stations that
violates these rules may lose their broadcast licenses.
What was the FCC's Fairness Doctrine?
- In place from 1949-1987, this rule required stations that
were broadcasting discussions of public issues to make a
reasonable attempt to ensure that both sides of the issue
were represented. As the number of cable and satellite
outlets increased, the FCC decided that this rule was no
longer needed. It had in effect squelched such discussion
b/c stations wanted to avoid controversy and possible
revocation of their licenses.

Freedoms of Assembly & Petition
What is meant by freedom of assembly?

- the freedom to organize into groups
Freedom of petition?

- the freedom to write letters and collect signatures or crowds
to influence public opinion and policy
Limitations?

- the freedom to write letters and collect signatures or crowds
to influence public opinion and policy
Limitations?
- Must be done peacefully (riots, trespassing, obstruction of
public ways and private businesses, and destruction of
property are not allowed)
- Local govts can place restrictions on groups to specific
times and places or require a permit (Occupy Wall Street?)
- property rights are superior (e.g., petitioning in malls)

Civil Disobedience
Civil disobedience = ?

Civil Disobedience
Civil disobedience = active, professed refusal to obey certain
laws or demands of a govt, often meant to be nonviolent
resistance
Is civil disobedience a legitimate tool of Christians?

Civil Disobedience
Civil disobedience = active, professed refusal to obey certain
laws or demands of a govt, often meant to be nonviolent
resistance
Is civil disobedience a legitimate tool of Christians?
- In general, Christians are commanded to obey their
governments (Romans 13:1-7)
- However, if the govt is asking you to disobey God's laws,
then you are obligated to disobey: Acts 5:29, Hebrew
midwives, Daniel and his friends
- Do not whine, however, when such disobedience leads to
punishment by the govt. (Operation Rescue)

Freedom of Association
Not explicitly stated in the Constitution, but inferred by
Supreme Court from rights of free speech and petition.
The state and national govts cannot interfere in membership
requirements of private organizations, such as the Boy
Scouts.
But to be honest, the decisions are sometimes contradictory.
Virginia Military Institute was forced to admit women, but
all-female colleges are still allowed to exist. Boy Scouts
can forbid homosexuals from being scout masters, but
landlords cannot deny homosexuals housing just because
of their sexual orientation. All very confusing and
disturbing.

Second Amendment: Right to Bear
Arms
“A well-regulated militia being necessary to the security of a
free state, the right of the people to keep and bear arms
shall not be infringed.”
What does this mean to you?

Second Amendment: Right to Bear
Arms
“A well-regulated militia being necessary to the security of a
free state, the right of the people to keep and bear arms
shall not be infringed.”
What does this mean to you?
- the people have a right to keep and use weapons and this
right should not be infringed
- the reason for this is that the security of the state depends
on having a well-regulated militia, and an armed populace
was the basis of the militia (citizen-soldiers)
- supports the right to self-defense

Right to Bear Arms
Jefferson: “No free men shall ever be debarred the use of
arms.”
If only the govt has guns, then how can it be opposed?
History in USA: No standing army for a long time, so the
state and local militias were responsible to defend the
country. Each man had his own gun and engaged in
military training periodically.
Switzerland's militia
Israel, ancient & modern

Gun Regulations
Who is not allowed to purchase a gun?

Gun Regulations
- convicted felons, illegal drug users, illegal aliens, those
under a restraining order to prevent domestic abuse
What check is required for all gun purchases?

Gun Regulations
- convicted felons, illegal drug users, illegal aliens, those
under a restraining order to prevent domestic abuse
What check is required for all gun purchases?
- a criminal background check
Other regulations vary from state to state & often include
limits on the types of guns that can be purchased (no fully
automated guns) Does anyone own a gun or know the
Colorado restrictions? What is concealed carry? Open
carry?
What regulations (if any) do you think there should be on gun
ownership?

Third Amendment: No Quartering of
Troops
“No soldier shall, in time of peace, be quartered in any house
without the consent of the owner, nor in time of war but in
a manner to be prescribed by law.”
Why is this in the BOR?

Third Amendment: No Quartering of
Troops
- b/c the British housed their troops in private homes even
through there wasn't a war going on. The colonists didn't
have any choice about this.
Exceptions?

Third Amendment: No Forced
Quartering of Troops
- b/c the British housed their troops in private homes even
through there wasn't a war going on. The colonists didn't
have any choice about this.
Exceptions?
- If the owner of the house gives permission
- If during wartime with regulations put in place by law
(Congress)
Not likely today with military bases all around the country

Fourth Amendment: No
Unreasonable Searches & Seizures
“The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no
warrants shall issue but upon probable cause, supported
by oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.”
What natural right is being protected here?

- the right of privacy
How?

- the right of privacy
How? It limits the way law enforcement agents can search a
person & their property & possessions
What are the limits on searches?

Limits on Searches
Must be reasonable
Search warrants must have a probable cause that a crime
has or will take place & evidence will therefore be found
The warrant must be issued by a judge or magistrate
The warrant must state who or what is being sought at what
particular place
Note: If a search is not done legally, the evidence gained
during the search may not be able to be used in court;
depends on whether the officer in question is deemed to
have been acting reasonably and in good faith.

No Search Warrant Needed:
- when an arrest is made
- vehicle searches when contraband is suspected
- when a criminal is being pursued
- when evidence is in danger of being destroyed
- when owner of a building gives his consent to the search,
although police should not try to gain consent by force or
intimidation (Loudermilk case)
- if the property is abandoned (trash)
Legal searches include mandatory drug testing,
administrative searches in schools & workplaces

Fourth Amendment Controversies
What are your thoughts on these?
- Mandatory drug testing
- Searches of vehicles
- Airport security checks, especially scanning devices
- electronic eavesdropping such as wiretaps and bugs in
national security case
- seizures of raw milk, Gibson guitars, vitamins, one's
property in IRS cases, etc.
Note: Be careful if asked to be searched by a law officer. If
you give your consent, then they are legal, so be sure
you're OK with that. Otherwise, ask if he has a warrant.

Fifth Amendment: Rights of the
Accused
“No person shall be held for a capital or other infamous crime
unless on a presentment or indictment of a grand jury,
except in cases arising in the land or naval forces, or in the
militia, when in actual service, in time of war or public
danger; nor shall any person be subject for the same
offense to be twice put in jeopardy of life or limb; nor shall
be compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without
due process of law; nor shall private property be taken for
public use without just compensation.”
The presumption in American law is that the accused is
presumed innocent until proven guilty in a court of law.
Amendments V – VIII codify this presumption.

Fifth Amendment: Grand Jury

Indictment by a grand jury is necessary to hold a person
accused of a capital (death penalty) or infamous (serious)
crime
- thus, enough evidence has to be collected to lead the
grand jury to formally charge the accused, who then goes
on to a jury trial
Exceptions?

Fifth Amendment: Grand Jury

crime
on to a jury trial
Exceptions?
- military cases, which have their own court system
Double Jeopardy is forbidden. What is it?

Fifth Amendment: Double Jeopardy

crime
on to a jury trial
Exceptions?
- military cases, which have their own court system
Double Jeopardy is forbidden. What is it?
- being tried for the same offense in the same court; if a
person is found not guilty, they cannot be tried there again.

Fifth Amendment: Self-Incrimination
The right not to be forced to testify against oneself, known as
self-incrimination and as “pleading the fifth.”
What is the Miranda warning?

Fifth Amendment: Self-Incrimination
The right not to be forced to testify against oneself, known as
self-incrimination and as “pleading the fifth.”
What is the Miranda warning?
- a list of statements that an officer must recite to the
accused prior to questioning:
1. You have the right to remain silent
2. What you say can be used against you in court
3. You have a right to an attorney
4. You may end police questioning at any time.
Do you think this is a good procedure or overkill?

Fifth Amendment: Right to Due
Process

The right to due process of law before being deprived of life,
liberty, or property.
- What does due process mean?

Fifth Amendment: Right to Due
Process

The right to due process of law before being deprived of life,
liberty, or property.
- What does due process mean? providing essential
fairness by using the same legal process for everyone
- Essentially, this ensures the accused has the right to a fair
and proper trial
- Everyone is to be treated the same, whether a repeat
offender or the richest person in town

Fifth Amendment: Eminent domain
Eminent Domain is forbidden without proper compensation
Eminent domain = ?

Eminent domain = the power of the government to take
private property
Under what conditions is eminent domain allowed?

Eminent domain = the power of the government to take
private property
Under what conditions is eminent domain allowed?
- must be taken for public use such as roads, railroads,
public utilities or safety (Centralia, PA)
- owner must be paid a fair market price for the property
taken
Controversy: Kelo, et al. v. the City of New London – in this
case property taken was not for a typical public use but for
the purpose of economic development (to create jobs &
increase tax revenues) – a BAD precedent; why?

Sixth Amendment: Rights of the
Accused in Criminal Trials
“In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the state
and district wherein the crime shall have been committed,
which district shall have been previously ascertained by
law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against
him; to have compulsory process for obtaining witnesses
in his favor, and to have the assistance of counsel for this
defense.”
History: Some people in England were held in jail for years
without a trial, hoping for a confession.

Sixth Amendment: Speedy & Public
Trial
Why public?

Sixth Amendment: Speedy & Public
Trial
Why public?
- makes it more likely that the trial will be fair
Why speedy?

Sixth Amendment: A Fair Trial
Why public?
Why speedy?
- to avoid the injustice of holding people in prison for years
without a trial
Trial by an impartial jury; lawyers for the defense &
prosecution are very involved in the jury selection process
to make sure members of the jury are unbiased.
(unanimous verdict required for conviction)
Trial to be held in the state & district in which the crime
happened; Why?

Sixth Amendment: A Fair Trial
Why public?
Why speedy?
- to avoid the injustice of holding people in prison for years
without a trial
Trial by an impartial jury; lawyers for the defense &
prosecution are very involved in the jury selection process
to make sure members of the jury are unbiased.
(unanimous verdict required for conviction)
Trial to be held in the state & district in which the crime
happened; Why? The defendant's family can be close by
& each side is given an equal chance in the trial process

Sixth Amendment: Rights of the
Accused
The right to know what crime is charged against him
The right to cross-examine court witnesses who testify
against the defendant
The right to compel (by subpoena) witnesses to appear in
court who might testify on the behalf of the defendant.
The right to representation by an attorney; if defendant can't
afford it, the govt has to pay for this
- These lawyers are appointed by the court and are called
public defenders.

Seventh Amendment: Rights of
Citizens in Civil Trials
“In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury shall be otherwise re-
examined in any court of the United States than according
to the rules of the common law.”
Very simply, if the value being contested in a case exceeds
twenty dollars, either party in the lawsuit has the right to
ask for a trial by jury.
Civil trial = ?

Seventh Amendment: Rights of
Citiznes in Civil Trials
“In suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury shall be otherwise re-
examined in any court of the United States than according
to the rules of the common law.”
Very simply, if the value being contested in a federal court
case exceeds twenty dollars, either party in the lawsuit has
the right to ask for a trial by jury.
Civil trial = involve disputes between citizens, individuals or
groups such as:
- land ownership, breaches of contract, negligence, etc.
In contrast, criminal trials are between the state and the
accused

Seventh Amendment: Right to avoid
re-trial
Once tried by a jury, a case cannot be reheard in another
court nor the verdict thrown out by a judge unless:
1. improper court procedures were followed (mistrial)
2. the jury's verdict was unreasonable given the evidence &
testimony provided.

Eighth Amendment: No Cruel and
Unusual Punishment
“Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishment inflicted.”
What is bail?

Unusual Punishment
“Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishment inflicted.”
What is bail? The amount of money the accused must pay in
order to be set free from jail until the time of the trial. Bail
can be posted by paying the set fee or by paying a fee for
a surety bond from a bondsman who promises to pay the
amount if the accused does not appear in court.
However, high bails can be set if the judge believes the
accused will run away or be a threat to the public safety.
Also, excessive fines are not to be imposed. The punishment
must fit the crime. Such fees should not be seen as a
revenue stream.

Unusual Punishment
What are examples of cruel and unusual punishment?

Unusual Punishment
- whipping, hanging by the heels, branding, stocks,
mutilation, and torture
Is capital punishment (death penalty) cruel and unusual?

Unusual Punishment
- whipping, hanging by the heels, branding, stocks,
mutilation, and torture
Is capital punishment (death penalty) cruel and unusual?
- The Fifth Amendment implies that there are some cases in
which the govt may deprive one of life, so it does not
appear that the death penalty is forbidden here
Who decides what is acceptable over time? Should our
standards change as the opinions of the majority in society
change? Are there certain crimes that are so despicable
that they must require the death penalty, or are morals
changeable?

Capital Punishment
What does the Bible say?

Capital Punishment
What does the Bible say?
- See Gen. 9:6, the Mosaic law, John 8:7, and Romans 13:
3-4
Supreme Court struck down all state laws requiring capital
punishment, but the pendulum has swung back in the last
couple of decades. Capital punishment is still allowed in
some specific cases; however, most convicted murderers
are not executed and spend years on death row appealing
their cases.

Ninth Amendment: Unspecified
Rights of the People
“The enumeration in the Constitution of certain rights shall
not be construed to deny or disparage others retained by
the people.”
What does this mean?

Ninth Amendment: Unspecified
Rights of the People
“The enumeration in the Constitution of certain rights shall
not be construed to deny or disparage others retained by
the people.”
What does this mean?Even though a right may not be listed
in the Constitution does not mean it does not exist:
- the right to move
- the right to choose one's occupation
- the right to eat the food of our choice :^)
- the right to refuse to buy health insurance :^(
This amendment was inserted to address Alexander
Hamilton's concerns about the BOR. Unfortunately, this
amendment seems to have been ignored by the courts.

Tenth Amendment: Powers
Reserved to the States and to the
People
“The powers not delegated to the United States by the
Constitution, nor prohibited by it to the states, are reserved
to the states respectively, or to the people.”

Tenth Amendment: Powers
Reserved to the States and to the
People
“The powers not delegated to the United States by the
Constitution, nor prohibited by it to the states, are reserved
to the states respectively, or to the people.”
- the Federal govt can only do what it has been given the
authority to do in the Constitution; the states and the
people can do whatever has not be denied to them by the
Constitution.
This amendment is also ignored today. Although there are
implied powers that the Federal govt has had to use in
order to exercise its enumerated powers, it seems that the
Federal govt has taken more & more power from the

Tenth Amendment: Examples of
Abuse?
Medicare
Subsidies to the arts, agriculture, business, science, etc.
Social Security?
Dept. of Education
"I consider the foundation of the Constitution as laid on this
ground: That "all powers not delegated to the United
States, by the Constitution, nor prohibited by it to the
States, are reserved to the States or to the people." [10th
Amendment] To take a single step beyond the boundaries
thus specifically drawn around the powers of Congress is
to take possession of a boundless field of power, no longer
susceptible of any definition." --Thomas Jefferson: National
Bank Opinion, 1791

More Tenth Amendment Quotes
"I think we have more machinery of government than is
necessary, too many parasites living on the labor of the
industrious." - Thomas Jefferson

"In every event, I would rather construe so narrowly as to
oblige the nation to amend, and thus declare what powers
they would agree to yield, than too broadly, and indeed, so
broadly as to enable the executive and the Senate to do
things which the Constitution forbids." - Thomas Jefferson

"The Constitution and the Bill of Rights limit the government,
not the people. But liberalism limits the people, favors
government, grows and expands it." - Rush Limbaugh

"The Constitution and the Bill of Rights limit the government,
not the people. But liberalism limits the people, favors
government, grows and expands it." - Rush Limbaugh
"Giving money and power to the government is like giving
car keys and whiskey to teenage boys." - P. J. O'Rourke

Week 12 amendments i x

Recomendados

Recomendados

Mais conteúdo relacionado

Mais procurados

Mais procurados (20)

Semelhante a Week 12 amendments i x

Semelhante a Week 12 amendments i x (9)

Mais de neeason

Mais de neeason (20)

Último

Último (20)

Week 12 amendments i x