Bill of Rights

5th Amendment Rights of the Accused

protects the rights of anyone accused of a crime. It assumes that everyone is innocent until proven guilty. In some countries, exactly the opposite is true. Suspects must prove that they are innocent. When a person is accused of a crime for which the punishment could be death, the Fifth Amendment requires that a 'grand jury' look at the charges before that person can be brought trial. A grand jury is a group of citizens who decide if there is enough evidence to try a person. It is intended to prevent people from being falsely accused of a serious crime. Today, grand juries consider most serious criminal charges. The Fifth Amendment also states that the person cannot be tried twice for the same crime.

6th Amendment Fair and Speedy Trials

provides more requirements for a fair trial in criminal cases. It guarantees a speedy, public trial by an impartial jury in the area where the crime was committed. The defendant must be able to question the accusers and to force favorable witnesses to testify. The accused has a right to a lawyer.

5th Amendment Eminent Domain

requires the government to pay citizens when it takes over their property for a public use. The government's right to take this property is called 'eminent domain.'Suppose the state wanted to build a highway which would run right through your residence. It would have to pay the owners a reasonable price for the property. The government could force you to move, but at least it would have to provide you with the money to relocate.

Freedom of Religion.

Freedom of religion means that the government may not force you to accept one set of religious beliefs nor may it interfere with the way you worship.

3rd Amendment Housing Troops

pledges that in peacetime, citizens will never have to keep soldiers in their homes without consenting. Before the Revolution, the British forced Americans to provide lodging and food for their troops. The colonists bitterly resented this intrusion on their privacy as well as the cost of feeding hungry soldiers.

2nd Amendment The Right to Bear Arms

Guarantees individual states the right to maintain "a well regulated militia," and citizens the right to "keep and bear arms." Because criminals often used unlicensed weapons to hurt others, some people have urged the national government to control the sale of guns. Other people have argued that gun control is a violation this amendment.

The First Amendment

The most important part of the Bill of Rights. It protects five of the most basic liberties. They are freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition the government to right wrongs. These were the guarantees that the Antifederalists missed most in the new Constitution.

Freedom of Speech.

This freedom entitles American citizens to say what they think, provided they do not intentionally hurt someone else's reputation by making false accusations. Neither may they make irresponsible statements deliberately harmful to others, such as yelling, "Fire!" in a crowded theater when there is no fire. There are many issues about which Americans disagree, from child-rearing practices to baseball teams to Presidential candidates. Freedom of speech enables people to state their opinions openly to try to convince others to change their minds.

Freedom of Assembly.

This freedom makes it possible for Americans to join clubs or political parties, even if those groups represent unpopular views. Because of the First Amendment, people can join groups to promote animal rights, the nuclear freeze, or conservation. They can join groups to protest government intervention in Haiti, imported clothes and shoes, toxic wastes, or aid to Serbia or Bosnia. By sharing common interests, Americans can learn to work together. There are groups devoted to the interests of young people. Scout troops and 4-H clubs are but two examples.

Freedom of the Press.

This freedom makes it possible for Americans to keep informed about what is going on in government. It helps them to be responsible citizens. Reporters and editors can criticize the government without the risk of punishment, provided they do not deliberately tell lies. Newspapers, magazines, and books, as well as television and movie scripts, do not have to be submitted for government inspection before they are published. This censorship would violate the First Amendment.

Freedom to Petition.

This important freedom allows people to tell the government what they think is needed. They can try to prevent the government from acting in a certain way. They can complain to the government without fear of penalty when things aren't going the way they should. For example, if people dump garbage near your school, you and your parents can petition the government to clean it up. Freedom to petition helps the government to clean it up. Freedom to petition can also let the government know how well it is doing its job.

9th Amendment Reserved Powers

address the liberties of citizens and the rights of states.the Constitution and the Bill of Rights do not define all of the fundamental rights people have. Such rights exist whether or not they are defined.These powers are called 'reserved powers.'They can be contrasted with 'express powers,'which are specifically defined in the Constitution.

7th Amendment Jury Trials

guarantees that Americans will receive a jury trial in civil (as opposed to criminal) cases involving property worth more than $20. Today, however, people do not bring such cases to federal courts unless a much larger sum of money is involved.

5th Amendment Due Process of the Law

holds that "no one can be deprived of life, liberty, or property without due process of law." In other words, the government must follow certain legal procedures before deciding on a penalty. It can't jail a person because it suspects that the person committed a crime. It must prove the accusation by following certain rules and methods. However, "due process of law" is a rather vague and general term. As times have changed, so has its meaning.

10th Amendment Reserved Powers

makes a similar claim concerning the rights of the states. It holds that the states and the people have powers that are set aside and not listed item by item.These powers are called 'reserved powers.'They can be contrasted with 'express powers,'which are specifically defined in the Constitution.

4th Amendment Searchers and Seizure

protects citizens from improper searches of their bodies, possessions, or homes. It requires that a detailed warrant be issued by a judge listing what can be searched. There has to be a good reason for the search. For example, suppose the police knew that someone in your school was selling drugs. The Constitution does not let them search the home of every student. In fact, they could not search the homes of even one or two without a court order.

8th Amendment Bails, Fines, and Punishments

protects people from having to pay unreasonably high 'bail'in order to be released from prison before they go to trial. Bail is money given to pledge that a person accused of a crime will appear for trial. also protects people from unreasonably high fines. Finally, it outlaws cruel and unusual punishment. This requirement, as well as the Fifth Amendment's guarantee against self-incrimination, protects citizens from the use of torture. Some people have argued that the death penalty is a form of cruel and unusual punishment.