First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

First Amendment Rights:

Freedom of Speech: The following are examples of speech, both direct (words) and symbolic (actions), that the Court has decided are either entitled to First Amendment protections, or not. Freedom of speech includes the right:

Not to speak (specifically, the right not to salute the flag). Of students to wear black armbands to school to protest a war (Students do not shed their constitutional rights at the schoolhouse gate.). To use certain offensive words and phrases to convey political messages. To contribute money (under certain circumstances) to political campaigns. To advertise commercial products and professional services (with some restrictions). To engage in symbolic speech, e.g., burning the flag in protest.

Freedom of speech does not include the right:

To incite actions that would harm others (e.g. [S]hout[ing] fire in a crowded theater.). To make or distribute obscene materials. To burn draft cards as an anti-war protest. To permit students to print articles in a school newspaper over the objections of the school administration. Of students to make an obscene speech at a school-sponsored event. Of students to advocate illegal drug use at a school-sponsored event.

Freedom of Religion: The First Amendment has two provisions concerning religion: The Establishment Clause: Prohibits the government from "establishing" a religion. The precise definition of "establishment" is unclear. Historically, it meant prohibiting state-sponsored churches, such as the Church of England.

The Free Exercise Clause: Protects citizens' right to practice their religion as they please, so long as the practice does not run afoul of a "public morals" or a "compelling" governmental interest.

Freedom of the Press: Before the American Revolution, English authorities often censored the press in order to ensure that articles critical of the government were not widely circulated. The Founders knew that a free press was essential for the promotion of ideas.

Freedom of Assembly: Protests, parades, and other large gatherings are important means for individuals to express their ideas and their unity behind these ideas. While the Constitution protects the right to assemble, it adds an important caveat-the assembly must be peaceful. Historically, many assemblies quickly turned into riots, and, thus, were dispersed by the authorities. For this reason, the Supreme Court has ruled that reasonable time, place, and manner restrictions might be imposed on the right to assemble.

Freedom of Petition: Although there is no definitive interpretation of this clause of the First Amendment, it seems that each branch of government has specific means available to it to redress the grievances of the citizenry. The judiciary redresses grievances whenever it determines that constitutional or other legal rights have been infringed upon, and then attempts to remedy the situation. The Congress redresses grievances when it changes bad laws. The Executive Branch redresses grievances when its administrative agencies change inefficient regulations. When the President pardons someone who has been justly convicted, but for whom extenuating circumstances exist, he also may be redressing grievances.

Amendment committee decision sheet

Think carefully about the following. Be prepared to speak briefly regarding your findings to the other delegates.

1. Why is this amendment important to the citizens of the United States?

2. Did you find any interesting cases or facts regarding this amendment?

4. After researching this amendment, is it your committees recommendation that this be the ONE amendment that we, as a country, keep?

5. Why or why not?

Second amendment:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Second Amendment Information:

In no particular order, early American settlers viewed the right to arms and/or the right to bear arms and/or state militias as important for one or more of these purposes:

deterring tyrannical government; repelling invasion; suppressing insurrection; facilitating a natural right of self-defense; participating in law enforcement; enabling the people to organize a militia system.

Why is it still important? An opinion There are those who would say, "The Second Amendment's not needed anymore. There's no threat of tyranny in our government." While it's fortunate that we've grown comfortable with our government, we need to remain aware that the only reason we have been able to grow comfortable with it is because the Second Amendment has prevented the government from posing a threat to us for all these years. History is littered with stories of unarmed citizens being taken over by dictators (Germany is one such example). Could that happen here? Not if we maintain the right to keep and bear arms.

Amendment committee decision sheet

Think carefully about the following. Be prepared to speak briefly regarding your findings to the other delegates.

1. Why is this amendment important to the citizens of the United States?

2. Did you find any interesting cases or facts regarding this amendment?

4. After researching this amendment, is it your committees recommendation that this be the ONE amendment that we, as a country, keep?

5. Why or why not?

Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fourth Amendment Information:

Was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. If police suspect you of a crime, their actions towards you can ruin your reputation and cause extreme emotional distress even if you are innocent. Thus, the Bill of Rights and the Fourth Amendment are meant to balance out the power of the law with the protection of the people. Some rights outlined in the Fourth Amendment include: o Search warrants must be executed by a member of the judicial branch and supported by probable cause o Arrest warrants must come from the judicial branch and must also supported by evidence o Search warrants can be limited, which law enforcement officials must follow

Amendment committee decision sheet

Think carefully about the following. Be prepared to speak briefly regarding your findings to the other delegates.

1. Why is this amendment important to the citizens of the United States?

2. Did you find any interesting cases or facts regarding this amendment?

4. After researching this amendment, is it your committees recommendation that this be the ONE amendment that we, as a country, keep?

5. Why or why not?

fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Fifth Amendment Rights:

Indictment by a Grand Jury: Nobody can go to trial for a serious crime, except in a military setting, without first being indicted by a grand jury. Double Jeopardy: The Fifth Amendment also mandates that defendants, once acquitted on a charge, may not be tried again for the same offense at the same jurisdictional level. Pleading the Fifth: The best known clause in the Fifth Amendment ("No person ... shall be compelled in a criminal case to be a witness against himself") protects suspects from forced self-incrimination. It should not by any means be taken as a sign of guilt, but it is generally portrayed as such in courtroom television dramas. The Miranda Rule: Just because a suspect has rights doesn't mean that a suspect knows about those rights. Officers have often used, and sometimes still use, a suspect's ignorance regarding his or her own civil rights to build a case. This changed with Miranda v. Arizona (1966), the Supreme Court case that required upon arrest--"You have the right to remain silent..." Property Rights and the Takings Clause: The final clause of the Fifth Amendment protects basic property rights; under this clause, referred to as the takings clause, the government can't simply claim eminent domain and take a citizen's property. Due Process Clause: Has four main parts: o Procedural Due Process This protection extends to all government proceedings that can result in an individual's deprivation, whether civil or criminal in nature, from parole violation hearings to administrative hearings regarding government benefits and entitlements to full-blown criminal trials. o Substantive Due Process Restricts legislative powers. Prohibits Congress from making any process due process of law by its mere will.

o Void for vagueness The courts have generally determined that laws which are too vague for the average citizen to understand deprive citizens of their rights to due process. If an average person cannot determine who is regulated, what conduct is prohibited, or what punishment may be imposed by a law, courts may find that law to be void for vagueness. o Incorporation of the Bill of Rights Incorporation is the legal doctrine by which the Bill of Rights, either in full or in part, is applied to the states through the Fourteenth Amendment's Due Process Clause.

Amendment committee decision sheet

Think carefully about the following. Be prepared to speak briefly regarding your findings to the other delegates.

1. Why is this amendment important to the citizens of the United States?

2. Did you find any interesting cases or facts regarding this amendment?

4. After researching this amendment, is it your committees recommendation that this be the ONE amendment that we, as a country, keep?

5. Why or why not?

The sixth amendment:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Sixth Amendment Information:

SPEEDY AND PUBLIC TRIAL There is a four-part test to determine whether a defendants right to a speedy trial has been violated. The four factors considered are the length of the delay, the reasons for the delay, whether the defendant has asserted the right and the prejudice to the defendant because of the delay. The Supreme Court also has ruled that the only proper remedy if a defendants right to a speedy trial has been violated is the outright dismissal of the charges. With regard to a public trial, a court is justified in limiting access to a trial if the publicity would undermine a defendants due-process rights. A defendant also may request a closed trial, although he or she must show that an open trial would hinder his or her rights to a fair hearing. IMPARTIAL JURY Jurors must be unbiased and that the pool from which the jury members are selected the venire must fairly represent a cross-section of the community. NOTICE OF THE CHARGES The requirement that a defendant be notified of the nature and cause of the accusation simply means that the government must present the charges to the defendant formally. CONFRONTING AND CALLING WITNESSES A defendant must have an opportunity to confront and cross-examine witnesses against him or her to ensure that due-process rights are upheld and that witnesses statements are taken in open court, as opposed to hearsay statements, the accuracy of which cannot be determined.

A defendant also is allowed to call witnesses on his or her behalf. Many defense witnesses appear voluntarily, but defendants may request that the court issue a subpoena if they are concerned that a witness will not show. THE RIGHT TO AN ATTORNEY Both the Fifth Amendment (through Miranda warnings) and the Sixth Amendment give a defendant the right to an attorney. The Sixth Amendment requirement, however, does not attach until after the defendant has been charged with a crime.

Amendment committee decision sheet

Think carefully about the following. Be prepared to speak briefly regarding your findings to the other delegates.

1. Why is this amendment important to the citizens of the United States?

2. Did you find any interesting cases or facts regarding this amendment?

4. After researching this amendment, is it your committees recommendation that this be the ONE amendment that we, as a country, keep?

5. Why or why not?

The eighth Amendment:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Eighth Amendment Information:
Why Bail is Crucial: Defendants who are not released on bail have greater difficulty preparing their defense. They are also, in effect, punished with imprisonment for the duration that they are forced to remain in prison. For this reason, decisions regarding bail should not be made lightly. Bail is extremely high, and sometimes denied, if the client is being charged with an extremely serious offense and poses a flight risk and/or great potential danger to the community, but in the majority of criminal trials bail should be available and affordable. It's All About the Benjamins: Civil libertarians tend to overlook fines, but in a capitalist system, the matter is not insignificant. Fines are, by their very nature, anti-egalitarian. A $25,000 fine levied against an extremely wealthy defendant might only impact discretionary income; a $25,000 fine levied against a less wealthy defendant can potentially have a long-term effect on basic medical care, educational opportunities, transportation, and food security. Since most convicts are poor, the issue of excessive fines is central to our criminal justice system. Cruel and Unusual: But the most frequently cited part of the Eighth Amendment deals with its prohibition against cruel and unusual punishment. In practical terms, what does this mean? Don't Ask the Founding Fathers: The Crimes Act of 1790 not only mandates the death penalty for treason, but also mandates mutilation of the corpse. By contemporary standards, corpse mutilation would certainly be regarded as cruel and unusual. Floggings were also common at the time of the Bill of Rights, but today floggings would be regarded as cruel and unusual. The Eighth Amendment is more clearly affected by societal change than any other amendment in the Constitution, because the very nature of the phrase "cruel and unusual" appeals to evolving societal standards. Torture and Prison Conditions: In a contemporary context, the Eighth Amendment certainly prohibits the torture of U.S. citizens--even though torture is generally used as an interrogation method, not as an official form of punishment. Inhumane prison conditions also violate the Eighth Amendment, even though they do not constitute part of the official sentence. The Eighth Amendment, in other words, refers to de facto punishments--whether they are officially handed down as punishments or not.

Amendment committee decision sheet

Think carefully about the following. Be prepared to speak briefly regarding your findings to the other delegates.

1. Why is this amendment important to the citizens of the United States?

2. Did you find any interesting cases or facts regarding this amendment?

4. After researching this amendment, is it your committees recommendation that this be the ONE amendment that we, as a country, keep?

5. Why or why not?