ࡱ> EGD[ bjbj1[1[ 4BS1\S1\"""8Z<d".$t!J55JF×)#v`0#j##pEt$55#> : The Amendments to the Constitution Amending the Constitution Propose an Amendment Ratify an Amendment 1. 1. 2. 2. The Bill of Rights (Amendments 1-10) 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 the people peaceably to assemble, and to petition the Government for a redress of grievances. 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. Third Amendment: 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. Fourth 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 persons or things to be seized. What does the 4th Amendment protect? Reasonable Expectation of Privacy Probable Cause Warrant Exclusionary Rule 4th Amendment and Schools New Jersey v. TLO (1985) 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 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. What is meant by indictment of a grand jury? What is double jeopardy? What does witness against yourself mean? Confessions Why are the Miranda Rights required? When must you be informed of your Miranda Rights? What does nor be deprived of life, liberty, or property without due process of law mean? What does nor shall private property be taken for public use without just compensation mean? Eminent domain 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. Speedy Trial Public Trial Local Trial Impartial Jury Informed of charges to be confronted with the witnesses against him compulsory process for obtaining witnesses in his favor. and to have the assistance of counsel for his defense. Gideon vs. Wainwright: 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. Eighth Amendment: Excessive Bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. What is bail and when is it excessive? Cruel and Unusual Punishment How has cruel and unusual punishment been defined by the courts? The Death Penalty and the 8th Amendment Furman vs. Georgia (1972) Coker v. Georgia (1976) Ford v. Wainwright (1986) Atkins v. Virginia (2002) Roper v. Simmons (2005) How do we determine if a method of execution is cruel and unusual? Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 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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