History Alive Chapter 10
Bill of Rights
Terms in this set (21)
Freedom of Religion, Speech and Press:
1. Religious Freedom (separation of church and state): Congress cannot make a law respecting an establishment of religion. They cannot make any faith the official religion of the United States. Congress cannot make laws that favor one religion over another.
2. Right to Free Speech and Press
3. The Right to Assemble and Petition
Ratification by the States
3/4 of the states must ratify (approve) an amendment before it can become law.
The Right to Bear Arms
The act of changing of or adding to a motion, bill, constitution, etc.
Americans have the right to refuse Quartering (housing) of toops in their homes.
Protects people and their belongings from "unreasonable searches and seizures (taking a person or property)."
Legal Rights and Protections:
1. The right to a Grand Jury hearing.
2. Protects against Double Jeapordy (risk)... if found not guilty, can't be tried again for that same crime.
3. Prohibits self-incrimination... police can't force people to say things that could hurt them in trial.
4. A person cannot be deprived of life, liberty or property, without due process of law.
5. The government cannot take someone's private property for public use "without just compensation." (paying a fair price)
Taking the Fifth
A defendants right to refuse to answer questions that might damage their case.
The government must follow clear rules and act reasonably as it carries out the law.
The Right to a Fair Trial.
1. Speedy and public trial, by an impartial jury.
2. The right to be judged by a jury from same area.
3. The right to hear the charge, time and place.
4. The right to hear and question all witnesses.
5. The right to ask the court to order the questioning of unwilling witnesses.
6. The right to an attorney.
Civil Trial Rights
1. The right in a civil case (money, property or family matters) to a jury trial.
2. After a jury decides the facts, no judge can overrule the jury's decision.
Bail and Punishments
1. A judge cannot demand "excessive" (unreasonably high) bail to keep someone in jail before their day in court.
2. If found guilty: forbids "excessive fines" and "cruel and unusual punishments."
Money or property given to the court to hold until an accused person shows up at trial.
Rights Retained by the People:
Even though "certain rights" are listed in the Constitution, other rights not listed there are also "retained" (kept) by the people (ex. the right to privacy).
Powers Reserved to the States:
Protects the states from excessive federal power. Powers not given to the national government by the Constitution are reserved (saved for) the states (the people).
A person who is tried for a crime and found not guilty cannot be tried again for the same crime.
A group of citicizens who hear the government's evidence and decide whether it justifies a trial. If so, the grand jury issues an indictment (formal charge). If not, the accused is released.
Speech protected under the First Amendment. Also called "Symbolic Speech," it includes actions people take to express their opinions.
principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts.
Marketplace of Ideas
Freedom of expression based on an analogy to the economic concept of a free market.
Communication of ideas through spoken or written words or through conduct, limited in form to that necessary to convey the idea.