American Freedoms:

The Bill of Rights

– Federalist/ Anti-Federalist debate
– Added to the Constitution as the first 10
Amendments
1st Amendment- “Civil Rights”
a)Freedom of Religion
Free Exercise Clause- You may worship
as you wish
Sincerity Test- is it real/believable?
Centrality Test- is it important?
Balancing Test- does it disrupt the
common good?
Establishment Clause- The government
may not require a national religion
(Separation of Church and State)
Interpretations:
Separationism: prevents any
government creation, endorsement, or
support of religion
Accommodationism: the government
may support or endorse religious
establishments as long as it treats all
religions equally.
 Preferentialism: the establishment
clause only prevents a literal Church of
America from being created and does
not prevent the government from
explicitly endorsing Christianity.
b)Freedom of Expression
Pure Speech- Verbal Expressions
Symbolic Speech- Non-verbal Expressions
Limits: Time, Place, & Manner

Slander- speech that harms the reputation

of a person
Libel- same as Slander, but in print
Sedition- language or action that
promotes rebellion against the government
“Fighting Words”-language that is likely
to result in a physical conflict
c)Freedom of Assembly/ Association
Citizens may peacefully assemble and
gather with the groups they choose

Also limited by Time, Place, and Manner

restrictions
d)Freedom to Petition
Citizens may submit their disagreements in
writing to their government
2nd Amendment
a) The Right to Bear Arms
Citizens may possess weapons
http://www.tubearoo.com/articles/24307/Family_Guy_Right_To_Bear_Arms.html

b) The Right to maintain a Militia

Citizens may organize a non-government
military force
3rd Amendment
a)Freedom from Quartering Troops
Citizens cannot be required to house US
military personnel (Response to the
Quartering Act during the Colonial Period)
Amendments 4-7 provide for the rights of those
accused of a crime
4th Amendment
a)Freedom of Privacy
b)Search and Seizure
Prohibits authorities from searching citizen’s
property without:

Warrant- judge’s permission to

conduct a search
 (must specifically describe where the
search is to take place and what the
authorities are looking for)
Probable Cause- reliable knowledge
that a crime is occurring at that time
Exclusionary Rule: Evidence collected
illegally is not admissible in court
5th Amendment
a)Right to a Trial
b)Right to refuse to testify against
yourself
c) Protection from Double Jeopardy (you can
only stand trial for an offense once)
d) Habeas Corpus- Evidence against those
accused must be presented (“show the body”)
e) Ex Post Facto- If a new law is passed, you
may not be tried for breaking it BEFORE its
enforcement

6th Amendment
a) Right to “Due Process”
1.Speedy Trial
 2.Public Trial
3.Impartial Jury (a jury of your peers)
4.Stand Trial within your community
5.Hear charges against you, inspect
evidence against you
6.Confront your accuser
7. Call favorable witnesses (by force, if

necessary)
8.Lawyer present (one is provided if
requested()

7th Amendment
a)All Due Process rights apply in civil
cases
8th Amendment
a)Rights of the Guilty
-Punishment must fit the crime
-No cruel or unusual punishment
9th Amendment
a)Implied Rights
Those listed in the Constitution are not the
only rights a citizen has

10th Amendment
 a)States’ Rights
Any rights not taken by the Federal
Government are granted to State
Government

Added later….
14th Amendment
a)Equal Protection
(Response to southern state’s actions
following the Civil War)
• No state may take away the rights of a
citizen
• Due Process is entitled to all citizens

a)Criteria for citizenship

You are a US citizen if:
-Born in the USA (or on US territory)
-At least one of your parents is a US
citizen
 Immigrants may gain citizenship through
“Naturalization”
-18 years or older
-Literate in English
-Live in US for 5 years
-Pass background checks and other
tests
15th Amendment
a)Right to Vote