Read through each of the scenarios and identify which amendment is being called into question in each scenario. ONE OF THESE SCENARIOS IS NOT ACTUALLY A VIOLATION OF THE BILL OF RIGHTS - SEE IF YOU CAN FIGURE IT OUT!
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. (Congress cannot pass laws that establish a specific religion for Americans, forbid Americans from practicing their own religions, or interfere with Americans’ freedom of speech, press, the right to gather peacefully, or the right to express disagreement with the government.)
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. (Americans have a right to bear firearms – or guns – legally.)
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. (The government cannot force Americans to keep soldiers in their homes during times of peace.)
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. (Americans cannot have their personal property searched without a proper warrant and just cause.)
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 offense 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. (Americans cannot be forced to be witnesses against themselves; Americans cannot be tried for the same crime twice; Americans cannot be deprived of life, liberty or property without a proper trial.)
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. (Americans deserve the right to a fair trial, which includes an impartial jury, an opportunity to question witnesses against them and to find witnesses in favor of them, and access to an attorney.)
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law. (Civil, or non-criminal suits, must be tried by jury.)
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (When accused of crimes, Americans are protected from excessively high bail amounts or fines and from brutal punishments.)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (Americans are entitled to enjoy additional rights and freedoms not included in the ten amendments.)
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (Powers not granted to the Federal government belong to the states and the people.)
Gennie, an eighteen year old college student, is arrested for stealing a classmate’s designer sweater and selling it on eBay. When Gennie appears before the judge, she asks for a lawyer to help defend her. The judge tells Gennie that if she is smart enough to be in college, she knows enough to defend herself. Besides, she is not charged with a felony, so the stakes are not very high.
Carolyn is arrested for shoplifting a candy bar from a grocery story. At trial, she is found guilty. The judge decides that the right punishment is to cut off Carolyn’s hands so she will not be able to shoplift again.
Congress wants to find ways to cut costs because of the soaring budget deficit. Congress passes a law to require American citizens to house US soldiers in their homes during peacetime.
Brett’s science teacher asks the class to exchange papers to correct last night’s homework. Brett refuses to let anyone except the teacher see his homework paper, and is sent to the principal.
Concerned about rising crime, lawmakers for the District of Columbia ban all handguns in the city, and require that shot-guns be kept unloaded and/or disassembled.
John, a fourteen year old public school student, wears a shirt to school that says “Be happy, not gay” to express his belief that homosexuality is wrong. His dean tells him he must change his shirt or be suspended from school. John refuses, and is suspended for a week
Thirteen year old Marianne is a freshman in high school. She is an honor student and wants to sing on the choir. When she arrives at choir practice, the teacher tells her she must take a drug test if she wants to participate in any extra-curricular activities. Marianne refuses and is kicked out of choir.
A man suspected of a violent crime is brought in to the police station. The alleged victim picks him out a lineup as the man who attacked her. Police inform him that he has the right to refuse to answer questions, but they do not offer to let him speak to a lawyer. After being questioned for two hours, the man admits the crime.
Members of Congress are unhappy with students’ standardized test scores. They pass a federal law that abolishes local school boards and requires a national, standardized curriculum.
A public school principal smells smoke in the hallway, and believes it is coming from the girls’ bathroom. She walks into the bathroom and finds Susan standing by the sink. She suspects Susan has been smoking, and demands to search her purse for cigarettes or other evidence of smoking.