Bill Of Rights

By Brandon Andrews (Pd. 5 Coach Williams 17-Dec-14)

What are the Bill of Rights?

The first 10 amendments to the constitution stating natural rights given to citizens are considered the bill of rights.

Bill #1 Freedom of Religion and speech

Congress cannot infringe on religion choice and cannot throw you in prison for speaking up.

Court Case- Citizens United v. Federal Election Commission

The government was attempting to make laws limiting spending in political campaigns by corporations

No laws were created because it would infringe on corporations choice of spending.

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Bill #2 Right to bear arms

Citizens may need to keep security and citizens may bear arms.

Governing bodies have the authority to take away the privilege or restrict where arms may be taken.

Court Case- Open carry Texas v. City of Arlington TX

Persons were displaying large Rifles and assault weapons and scaring citizens and obstructing traffic. City arrested persons Other group members claimed it infringed on 2nd amendment rights sued city. Lawsuit was dropped.

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Bill #3 Right to Privacy

A soldier cannot force a citizen to provide shelter and/or food. Each Citizen has a right to have privacy also.

Court case- Bennett v. Wainwright

Plaintiffs argued that a police raid ended with a resident being shot killed by a state trooper constituted by a illegal occupation.

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Bill #4 Unreasonable Search and seizure

You cannot search and seize without probable cause and/or warrant

Court Case- Katz v. United States

Katz was involved in illegal electronic gambling the telephone was tapped. Katz was caught using the tap. Katz sued against it, he lost the suit because the government has probable cause and warrant.

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Bill #5 Double Jeopardy, self incrimination, due process of law

You cannot be tried for a trail multiple times. you must have enough evidence to charge someone fora crime.

Court Cases- Dolan v. City of Tigard

Applied for permit to expand store and have parking lot, city approved, but required part of it to be used for public use, bike and green way.

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Bill #6 Rights of the Accused

If you are charged with a crime you have the right to a speedy trail and must have it in public.

Court Case- Johns v. Zerbst

Used counterfeit money, made it required for defendants to have the right to trial

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Bill #7 Right to a Jury and trial

In a court involving a large sum of money you have the right to an jury.

Court Case- Tull V. United states

Tull disposed of toxic waste into wetlands and polluted water system. Tull was not provided a jury until the request.

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Bill #8 Prevent Cruel or Unusual punishment

Punishment should fit the crime. No beheading, hanging, torture, etc.

"if your gonna do the crime than your gonna do the time.

Court Cases- Trop v. Dulles

Prince Albert Trop escaped from US Army jail in Morocco. Turned himself in the next day, sentenced to three years labor and no pay.

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Bill #9 Rights retained by the people

These are not the only rights you have, the government cannot take ANY of these rights away.

Court cases- Roe v. Wade

Going against Texas anti-abortion laws, lady got pregnant then couldn't financially support new baby

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Bill #10 Limiting federal Powers

If the national government didn't claim a power than a state can claim it unless banned by US govt.

Court cases- United states V. Lopez

1995, a high school senior had brought a gun into his school. All schools are gun-free zones. He was arrested and charged.

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