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Chapter Four, Amendments 2-10

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Title: Chapter Four, Amendments 2-10


1
Chapter Four, Amendments 2-10
2
Other Guarantees in the Bill of Rights
3
The Bill of Rights
4
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.

5
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

6
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

7
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.

8
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.

10
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

11
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.

12
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

13
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).

14
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)

16
The Fifth Amendment
  • Landmark Supreme Court Case
  • Miranda v. Arizona (1966)

17
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.

18
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."

19
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.

20
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.

21
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.

22
The Eighth Amendment
  • Excessive bail shall not be required, nor
    excessive fines imposed, nor cruel and unusual
    punishments inflicted.

23
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.

24
The Ninth Amendment
  • The enumeration in the Constitution, of certain
    rights, shall not be construed to deny or
    disparage others retained by the people.

25
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.

26
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.

27
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.

28
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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