02.05 The Bill of Rights

Explain how each of the rights in the Bill of Rights is limited?

1st: 2nd: 3rd: 4th: 5th: 6th: 7th: 8th: 9th: 10th:

"If we were to take the position, reflected in provisions in the USA PATRIOT Act, that the government can invade our privacy and gather evidence that can be used against us based on no suspicion whatsoever that we've done anything wrong, but simply because the government wants to gather evidence as part of some generalized, 'anti-terrorism' or 'foreign intelligence' investigation, then we will have rendered that Fourth Amendment principle essentially meaningless."—U.S. Congressman Bob Barr, 2005 Is this quote in favor of or against the Patriot Act?

Against

"While it contains provisions that we support, the American Civil Liberties Union believes that the USA PATRIOT Act gives the Attorney General and federal law enforcement unnecessary and permanent new powers to violate civil liberties that go far beyond the stated goal of fighting international terrorism."—American Civil Liberties Union (ACLU), 2001 Is this quote in favor of or against the Patriot Act?

Against

"While the government should have the tools that it needs to keep us safe, American citizens should also have protections against improper intrusions into their private electronic communications and online transactions."—U.S. Senator Patrick Leahy, 2011 Is this quote in favor of or against the Patriot Act?

Against

"So let me state it plainly: The tools of the Patriot Act are vital to our ability to prevent terrorist attacks...the authorities of the Patriot Act exist to protect the very liberties that our Founders established in the Constitution. By protecting our freedoms, our civil liberties are enhanced, not diminished."—Tom Ridge, former Homeland Security Secretary, 2004 Is this quote in favor of or against the Patriot Act?

In Favor

"We cannot afford to be without this law for a single moment ... The terrorist threat to our country will not expire... Congress has a responsibility to ensure that law enforcement and intelligence officials have the tools they need to protect the American people."—President George W. Bush, 2009 Is this quote in favor of or against the Patriot Act?

In Favor

"Zero. That's the number of substantiated USA Patriot Act civil liberties violations. Extensive congressional oversight found no violations. Intense public scrutiny has yet to find a single civil liberty abuse. Despite many challenges, no federal court has declared unconstitutional any of the Patriot Act provisions Congress is renewing."—U.S. Senator Jeff Sessions, 2005 Is this quote in favor of or against the Patriot Act?

In Favor

exclusionary rule

a laws that prevents evidence collected illegally from use in a criminal trial

militia

a reserve military force for emergencies not part of the regular armed forces

good faith exception

a rule that states evidence authorities believed they collected legally at the time can be used in a criminal trial, an exception to the exclusionary rule

probable cause

a standard of proof to conduct a search, make an arrest, or find a person guilty of committing or having committed a crime

civilians

citizens who are not a member of the military

due process

established laws and legal proceedings that are followed to protect the rights of individuals

slander

false and damaging statements about someone that are spoken

libel

false and damaging statements about someone that are written or published

absolute

having total power of authority

roving wiretaps

legal tap directed at a suspect rather than a specific phone line; tap location could be changed without new authorization if the suspect uses a different phone

Summarize the eighth amendment.

limits to punishment

Are individual rights absolute?

no

censor

official ban or removal of content considered threatening or offensive

immoral

outside of what is considered acceptable behavior by most people

Summarize the first amendment.

political a religious freedom

Summarize the ninth amendment.

powers of the states and people

double jeopardy

putting someone on trial for a crime for which he or she has already been tried before

Summarize the third amendment.

quartering troops

Summarize the fifth amendment.

right of the accused

Summarize the sixth amendment.

right to a speedy, public trial

Summarize the second amendment.

right to bear arms

Summarize the tenth amendment.

rights of the people

Summarize the fourth amendment.

search and seizure

self-incrimination

speech or action that suggests your out guilt

Summarize the seventh amendment.

trial by jury in civil cases