Chapter Four, Amendments 2-10

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Chapter Four, Amendments 2-10
2
Other Guarantees in the Bill of Rights
3
The Bill of Rights
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R.A.S.S.D.A.T. E.P.S.

• R.A.S.S.D.A.T. E.P.S is an easy way to remember
  the Bill of Rights.

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R.A.S.S.D.A.T. E.P.S.

1. R Religion, Assembly, Speech, Press, Petition
2. A Arms (bear arms)
3. S Soldier Quartering
4. S Search Seizure (privacy amendment)
5. D Due process, Double Jeopardy, eminent
   Domain and you Dont have to testify against
   yourself (rights of the accused)
6. A Attorney fair and speedy jury trial
   (criminal)
7. T Trial by Jury in Civil Suits over 20
8. E Excessive Bail or Cruel and Unusual
   Punishment
9. P Peoples Rights
10. S States Rights

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The Second Amendment

• 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

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The Second Amendment

• The Second Amendment guarantees the right to
  keep and bear arms.
• Originally added to ensure a well trained militia
  would be ready to fight due to the lack of a
  large, regular army in winning our independence
  from Great Britain.
• While the courts have maintained the right of a
  citizen to own a gun, it has allowed government
  to regulate some gun control.

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The Third Amendment

• No Soldier, 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

9
The Third Amendment

• The Third Amendment limits the power of the
  national government to force Americans to
  quarter or house soldiers.
• While not a major issue today, it was a major
  source of resentment when American colonists were
  forced to house and feed British soldiers.

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The Fourth Amendment(The Privacy Amendment)

• 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 person or things to be seized

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The Fourth Amendment(The Privacy Amendment)

• The Fourth Amendment protects people from
  unreasonable searches and seizures by the
  government.
• A citizens home / business / or person may be
  searched by law enforcement if they have
  reasonable cause and obtained a search warrant.
• A search warrant is a legal document, signed by
  a judge, allowing law enforcement to search a
  home or business to gather certain evidence.

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The Fifth Amendment

• 'No person shall be held to answer for a capital,
  or otherwise 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 offence 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

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The Fifth Amendment

• The Fifth Amendment protects the rights of
  people accused of a crime.
• No citizen can be denied the right to life,
  liberty, or property without DUE PROCESS of law
  (following proper procedures which are also
  themselves reasonable).

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The Fifth Amendment

• Types of cases
• Criminal Defendant has committed an act against
  someone that is against the law (felony
  misdemeanor)
• Civil Disputes or disagreements between two
  parties (divorce, child support, landlord/rent
  payment, injury)
• People accused of a crime and found not guilty
  the first time cannot be tried for that same
  crime again called double jeopardy.

15
The Fifth Amendment

• Also limits the governments power of EMINENT
  DOMAIN (the right of the government to take
  private property). The government must pay fair
  market value for the property. Property Rights
• Dont have to testify against yourself! An
  accused person has the right to remain silent
  this is called pleading the 5th! From the 5th
  Amendment (Right to remain silent)

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The Fifth Amendment

• Landmark Supreme Court Case
• Miranda v. Arizona (1966)

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The Fifth Amendment

• Landmark Supreme Court Case
• Miranda v. Arizona (1966)
• Facts Ernesto Miranda was arrested for
  kidnapping and other criminal charges. After 10
  hours of interrogation, Miranda signed a
  statement admitting to the crimes without
  realizing he could have an attorney present.
• Findings The Supreme Court found (5-4)
• In favor of Miranda based on 5th Amendment. Today
  law enforcement uses the Miranda Rights you
  have the right to remain silent.

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The Sixth Amendment

• "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 his defense."

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The Sixth Amendment

• The Sixth Amendment guarantees additional
  rights to people accused of crimes.
• This includes , the right to an attorney also
  known as legal counsel, and a right to a fair
  and speedy jury trial in criminal cases, and the
  right to hear all charges against you.

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The Seventh Amendment

• 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
  reexamined in any court of the United States,
  than according to the rules of the common law.

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The Seventh Amendment

• The Seventh Amendment guarantees the right to a
  trial by jury in civil cases over 20 (lawsuits
  that involve disagreements between people, not
  crimes).
• This is if the amount involves more than 20.00.

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The Eighth Amendment

• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and unusual
  punishments inflicted.

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The Eighth Amendment

• The Eighth Amendment forbids excessive bail
  for the accused and forbids cruel and unusual
  punishments
• Bail is a sum of money used as a security
  deposit to ensure the accused will return to
  court.
• Judges determine the amount of bail, which is
  returned when the accused comes back to court.

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The Ninth Amendment

• The enumeration in the Constitution, of certain
  rights, shall not be construed to deny or
  disparage others retained by the people.

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The Ninth Amendment

• The Ninth Amendment makes clear that the rights
  spelled out in the Constitution are NOT the only
  rights granted to the American citizens.
• Unenumerated Rights (un-numbered)- It is
  understood that we all have more rights than just
  the ones that are spelled out specifically in the
  Constitution
• Economic freedom is one example of an
  unenumerated right (choose how to spend, save,
  etc.

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The Tenth Amendment

• 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.

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The Tenth Amendment

• The Tenth Amendment states that any power not
  directly specified in the Constitution for the
  national government is reserved for the states
  (or for the people)
• The purpose of this amendment is to keep the
  power of the President or Congress limited.

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R.A.S.S.D.A.T. E.P.S.

1. R Religion, Assembly, Speech, Press, Petition
2. A Arms (bear arms)
3. S Soldier Quartering
4. S Search Seizure (privacy amendment)
5. D Due process, Double Jeopardy, eminent
   Domain and you Dont have to testify against
   yourself (rights of the accused)
6. A Attorney fair and speedy jury trial
   (criminal)
7. T Trial by Jury in Civil Suits over 20
8. E Excessive Bail or Cruel and Unusual
   Punishment
9. P Peoples Rights
10. S States Rights