WS for Lesson 10 (Sections 3,4,5)

Protected Rights

• These amendments shield individuals from governmental overreach, drawing from the colonists' experiences under British rule.

Second Amendment: The Right to Bear Arms

• The Second Amendment addresses the right to bear arms.
• It stems from colonial distrust of standing armies, favoring state militias for defense.
• It states that a well-regulated militia is vital to a free state, and the right to bear arms should not be limited.
• There is debate surrounding this amendment's meaning.
• Some argue it applies only to those in an organized militia like the National Guard.
• Others believe it protects individual gun ownership for self-defense.
• The Supreme Court supported the individual right to own guns for personal use, including self-defense at home, in District of Columbia v. Heller (2008).

Third Amendment: Quartering Troops in Homes

• The Third Amendment prohibits the forced housing of soldiers in private homes, a practice imposed by Great Britain on the colonists.
• Although no longer relevant today, it acts as a reminder of the importance of privacy in one's home.
• Justice Joseph Story stated every man's house should be his castle, safeguarding against civil and military intrusion.

Fourth Amendment: Searches and Seizures

• The Fourth Amendment protects against unreasonable searches and seizures.
• A seizure involves forcibly taking control of a person or property.
• Police must demonstrate probable cause to a judge before obtaining a warrant for arrest or search.
• A warrant specifies who will be arrested or what will be searched.
• A warrant is not required for every government search, but probable cause is essential.
• According to the Supreme Court in 1967, a search must respect an individual's right to privacy to be considered reasonable.

Legal Rights and Protections

• These amendments outline rights and protections for individuals accused of crimes or involved in legal disputes.

Fifth Amendment: Legal Rights

• The Fifth Amendment outlines key rights within the justice system.
• It grants individuals accused of serious crimes the right to a grand jury hearing.
• A grand jury assesses the government's evidence and determines if a trial is warranted.
• An indictment (formal charge) is issued if justified; otherwise, the accused is released.
• It protects against double jeopardy, preventing retrial for the same crime if found not guilty.
• Under the Dual Sovereignty doctrine, both federal and state governments can prosecute an individual for the same crime if it violates both federal and state laws, allowing for trials in both state and federal courts.
• It prohibits self-incrimination, meaning individuals cannot be forced to provide self-incriminating testimony.
• The "Miranda warning" informs individuals of their right to remain silent and that anything they say can be used against them in court.
• A defendant's refusal to answer questions that could harm their case in court known as "taking the Fifth"
• The Fifth Amendment ensures due process, meaning the government must follow clear rules and act reasonably when enforcing the law.
• Individuals are presumed innocent until proven guilty.
• The government must prove guilt beyond a reasonable doubt.
• The government must provide just compensation when taking private property for public use like roads or parks.

Sixth Amendment: Criminal Trial Rights

• The Sixth Amendment ensures fair trials for the accused, including the right to a speedy and public trial by an impartial jury.
• A speedy trial prevents lengthy pre-trial imprisonment and ensures fresh witness testimonies.
• Public trials ensure transparency in the justice system.
• An impartial jury means jurors cannot be prejudiced against the defendant.
• Accused individuals can be judged by a jury of their peers, and prosecutors cannot exclude jurors based on race or gender.

Other Rights and Powers

• The final two amendments aim to balance rights and power between the federal government, the people, and the states.

Ninth Amendment: Rights Retained by the People

• The Ninth Amendment addresses concerns that a bill of rights might be seen as exhaustive.
• It clarifies that the enumeration of specific rights in the Constitution does not mean that other unenumerated rights are not also protected.
• Protected rights under the Constitution are not the only rights people have.

Tenth Amendment: Powers Reserved to the States

• The Tenth Amendment protects states from federal overreach.
• It states that powers not delegated to the federal government, nor prohibited to the states, are reserved to the states or the people.
• This is known as the reserved powers clause.
• Reserved powers are those not specifically granted to the national government nor specifically prohibited to the states.
• States can set speed limits, determine school attendance policies, run elections, regulate businesses, and establish local governments.
• States issue business licenses to hair salons and ensure doctors are licensed to practice medicine.

Explanation of the Second and Third Amendments of the Bill of Rights. The Second Amendment protects the right to bear arms, while the Third Amendment prohibits the forced quartering of soldiers in private homes.