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Freedom of Religion - government may not establish or favor an official religion
Freedom of Speech - may express your opinions without fear of punishment
Freedom of the Press - the government may not censor (ban/monitor) the media
Freedom of Assembly - protects our rights to gather in groups for any reason, so long as the assemblies are peaceful. The government may make rules about when and where such activities can be held, but cannot ban them.
Freedom of Petition - the right to express one's ideas (request a change) to the government
**Limitations - no slander/libel, cannot provoke criminal activities, riots, threaten or harm anyone, may not cause unjust hysteria** |
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The right to "keep and bear arms" - does it apply to everyone or only the militia? Supreme court has ruled that the governments may regulate but not prevent the possession of firearms. |
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In peacetime, soldiers may not move into private homes without the consent of the homeowner. In times of war, the practice must be authorized by Congress. |
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Protects Americans "against unreasonable search and seizures". No soldier, government agent, or police officer can search your home or take your property without good cause. - need a search warrant. |
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1. One may not be put on trial without an indictment - formal charge - from a grand jury.
2. One may not be trialed for the same crime twice - double jeopardy.
3. People cannot be forced to testify against themselves.
4. No one may be denied life, liberty, or property "without due process of law." - follow established legal procedures
5. Right of the government to take private property-usually land-for public use. (Eminent domain)
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1. It requires that people be told the exact nature of the charges against them.
2. It also guarantees the accused a jury trial. The trial must be speedy and public, and jurors must be impartial.
3. The accused have the right to hear and question all witnesses against them.
4. They may also call their own witnesses and have a lawyer. |
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It guarantees the right to a jury trial in a civil case - lawsuits that involve disagreements between people rather the crimes-if the amount of money is more than $20. |
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"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." - Judges use various factors in determining bail: type of crime committed, record of the accused, likelihood that he/she will appear in court, and what he/she can afford. |
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The Founding Fathers realized that they could not spell out every right of the American people. It makes it clear that citizens have other rights beyond those listed in the Constitution. ( ex. - privacy) |
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Any powers the Constitution does not specifically give to the national government are reserved to the states or to the people. It prevents Congress and the President from becoming too strong. The national government can only have powers that the people give it. - helps establish federalism. |
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