The Bill of Rights

U.S. History, 5th Block, Aaron Herrera

What are the Bill of Rights?

The Bill of Rights are the first 10 amendments given to all citizens of the US to help protect them.

Amendment 1: The right to free speech, religion, and press

You are allowed to follow any religion and have the freedom of speech to complain about the government.

Ramos vs. Town of Vernon

In 2003, the town of Vernon, Connecticut declared a curfew to decrease crime and victimization. Curfew was declared unconstitutional. Town argued that it was to help public safety but failed to prove reduction in crimes.

Amendment 2: The right to bear arms

To protect the country you may be drafted in to the armed forces, and citizens have the right to own guns.

Bliss vs. Common Wealth

The case, Bliss vs. Common Wealth, was the first major court ruling over the right to keep and bear arms for personal use.

Amendment 3: The right to privacy in a home

Under any condition may a soldier demand to live in your house and eat your food.

Nevada vs. Henderson

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

Amendment 4: Unreasonable search and seizure

A police officer may not search your house unless they carry a search warrant.

Arizona vs. Evans

Court decided to extend the good faith rules in the case and allowed the evidence.

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

For a capital crime, a grand jury must decide if they can change you with the evidence presented, and you may only be tried once.

Barron vs. Baltimore

City of Baltimore didn't have to pay for damages done to private property during construction. Decision based on that the Bill of Rights didn't extend to the states

Amendment 6: The rights of the accused in criminal cases

When charged with a crime you are to be trialed as soon as possible, and must be held in public with a jury and a lawyer and witnesses to back you up.

Barter vs. Wingo

Brought to Supreme Court in 1972 court ruled Barker's right to a speedy trial wasn't violated. He didn't demand rights until 7 years later. Justices concluded that a set amount of time couldn't be applied to the term "speedy trial."

Amendment 7: The right to a jury trial

You can have a jury settle civil cases involving a lot of money, and may not be brought up again in another court.

Amendment 8: Preventing cruel and unusual punishment

Your punishment should fit the crime accused for, and shouldn't have to pay too much for bail.

Gregg vs. Georgia

Involved Gregg who was convicted of murder in Georgia. Georgia reviewed death penalty and 7-2 vote, Supreme Court ruled that a death penalty is not a cruel nor unusual punishment for murderers.

Amendment 9: Rights retained by the people

These are not the only rights you have, and the government can take away any rights from people whether listed here or not.

Roe vs. Wade

Abortion was illegal by the late 1960s. Norma McCorvey had baby then another one that she couldn't support. Her case was high profile so to be protected, shy was named Jane Roe. Supreme Court argued the Roe's right to privacy should be guaranteed, but it had been violated since the government was making her decisions.

Amendment 10: Limiting federal powers

Unless it says that they can't do something the states have that power.

Hammer vs. Dagenhart

1918, child labor was being used and was unconstitutional. Keating and Owen helped pass the child labor of 1916 act. Act would not allow children too young to work or work too many hours. The Supreme Court, 5-4 in favor, ruled to prohibit child labor.