Ms. Valentine's Notes

Unit 5

Constitutional Amendments

The Bill of Rights

The Second Amendment

•This amendment protects the rights of the state governments and the people to maintain a militia (citizen army) or armed companies to guard against threats to their social order, safety and security.

The Third Amendment

•The government cannot require citizens to house troops during peace time, nor in war time without passing a law.

The Fourth Amendment

•This amendment says that you have the right to be secure in your person, house, papers and effects, against UNREASONABLE searches and seizures.

•There must be a search warrant issued based upon probable cause.

•The warrant must contain the place to be searched and the persons or things to be seized.        

•New Jersey v. TLO

•In this case the Supreme Court decided that school official only needed a “reasonable suspicion” of unlawful conduct to search students in school.

The Fifth Amendment

•You cannot be tried for a crime unless on a presentment or an indictment by a grand jury.

•Members of the military are subject to military law.

•You cannot be tried for the same crime twice.

•You cannot be made to testify against yourself.

•You cannot be punished for a crime without due process.

•The eminent domain clause, private property cannot be taken for public use without just compensation.

The Sixth Amendment

•You have the right to a fair and speedy trial by jury in all criminal cases to be held in the state and district in which the crime was committed.

•You have the right to know what you are being charged with.

•You have the right to confront the witnesses against you.

•You have the right to have people be witnesses for you.

•You have the right to an attorney in your defense.

The Seventh Amendment

•You have the right to a jury trial in civil cases where the dollar amount in question is over $20.

•No facts of the case can be retried by jury except as prescribed by law.

The Eighth Amendment

•You cannot be charged excessive bail or fines.

•No cruel and unusual punishment.

The Ninth Amendment

•You have more rights than those outlined in the Constitution.

The Tenth Amendment

•Powers not specifically given to the federal government by the Constitution and not specifically denied to the States by the Constitution, are reserved to the States and the people.