Bill Of Rights

N'Denasija Collins U.S. History Period 7th

What are the Bill Of Rights ?

The Bill Of Rights are the first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship.

Bill 1 : Freedom of speech , the press , and religion

Basically you have the freedom of speech and to do whatever you may please.

Court case : Texas vs Johnson

Johnson burned a flag and was determined to protect political speech, even if society might find it offensive.

Bill 2 : The right to bear arms

To protect the country , citizens sometimes must serve as soldiers. Citizens also have the right to protect themselves.

Court Case : Bliss vs Commonwealth

It said the state could not limit the kind of weapons a citizen could have. In 1822 case was the first major court ruling over the right to keep and bear arms for personal use.

Bill 3 : The right to privacy in the home

Soldiers can't barge in and demand to live in your house and eat your food.

Court Case : Nevada Man

Henderson claimed his rights were violated by the police of the 3rd Amendment. Not clear that police would've considered "soldiers" under the 3rd amendment so court rejected idea.

Bill 4 : Unreasonable search and seizure

Police can't just walk into your house , search through your stuff , and take it away without a search warrant.

Court Case : Barron vs Baltimore

In its decision it was clear the Bill Of Rights didn't apply to actions taken by local or state government.

Bill 5 : Double jeopardy , self-incrimination , and due process of law

For a capital crime, a grand jury has to decide if there is enough evidence to charge you. You can only be charged once for a crime. You don't have to say anything against yourself.

Court Case : Brown vs Ohio

The defendant was put on trial twice for offenses involving the same crime. He was convinced 1st of joyriding and then also convicted for stealing a vehicle.

Bill 6 : The rights of the accused in criminal cases

If you're charged with a crime , your trial should happen as soon as possible. You can have a lawyer and witnesses to back you up.

Court Case : Barker vs Wingo

Barker was arrested for murder. He was not brought to trial until 1963. He asked for an appeal because he didn't have a speedy trial once he was found guilty.

Bill 7 : The right to jury a trial

You can have a jury settle civil cases involving a lot of money. Once the case is decided , it can't be brought up in another court again.

Court Case : Curtis v. Loether (1974). Accordingly, in a series of decisions in the second half of the twentieth century, the Supreme Court ruled that the Seventh Amendment guarantees the right to trial by jury in procedurally novel settings, like declaratory judgment actions

Bill 8 : Preventing cruel and unusual punishment

Your punishment should fit your crime. The government can't punish you in a cruel or unusual way.

Court Case : Robison vs California

California law imposed a mandatory prison sentence for drug addiction. The Supreme Court ruled that imprisonment for a misdemeanor was cruel and unusual punishment.

Bill 9 : Rights retained by the people

The government can't take away any rights from people , whether they're mentioned here or not.

Court Case : Roe vs Wade

Jane Roe wanted an abortion because she couldn't support her 2 kids. In Texas , abortion was illegal. After the Supreme Court got involved they agreed that it should be the woman's choice.

Bill 10 : Limiting federal powers

If it doesn't say the states can't do something then the states have that power.

Court Case : Hammer vs Dagenbart

The U.S. attorney for the west district of North California , W.C Hammer, argued that the new child labor law was necessary to protect the public good. The nation's first child labor law was officially overturned.