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By Sophia Mattioli and Jennifer Hernandez

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By Sophia Mattioli and Jennifer Hernandez

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Look up the Bill of Rights and Copy the wording

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Use your own words to explain what right(s) this amendment really grants us

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How can this right be interpreted in different ways and even be controversial?

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How can this right be interpreted in different ways and even be controversial?

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Almost all of these rights can be controversial or be interpreted in different ways.  Explain how your right can have different interpretations

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Describe a real case where the crux of this right was challenged in court

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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.

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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.

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"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."

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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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Russel Kim
Maxwell Allison

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If one is prosecuted for a crime, they have the right to a fair trial by jury, in which it is clear the purpose of the trial. They have the right to have the presence of witnesses as well as a lawyer.

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Everyone has the right to a jury trial to federal civil cases.

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How can this be interpreted in different ways or even be controversial?

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How can this be interpreted in different ways or even be controversial?

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The Seventh Amendment may be controversial because juries can be prejudiced. Many people who do not support jury trials feel that juries are not qualified to judge important legal matters.

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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.

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Shum v. Intel Corp
Shrum stole $200,000 so from Intel. He initially has his 7th Amendment violated when he was brought to court because the case was a bench case (no jury, only the judge making the decisions). Shrum was not guaranteed a trial by jury for his civil case.

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Soldiers cannot be quartered in any house.

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This Amendment makes sure that soliders can't come live in your home.

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The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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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.

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Fifth Amendment

Fifth Amendment Explained

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 offence 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.

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The 2nd amendment gives US citizens the individual right to keep and carry firearms.

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Prevents the government from searching or seizing an individual or their private property without probable cause, a warrant, and evidence provided under Oath.

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The sixth amendment can be controversial when it comes to the definition of a "speedy trial". It brings up the question as to how long a "speedy" trial truly is.

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whatever is not in the constitution is up to the people. Basically if it's not written in the bill of rights you can do it freely.

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This amendment largely favours the public, therefore the main controversial parts would be against the benefit of the government. The main con would be that it delays police investigations.

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No person subject to a legal punishment should receive a sentencing unnecessarily cruel. This includes excessive bail/fines, sentencing, and other harmful/painful punishments.

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How can this right be interpreted in different ways or even be controversial?

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How can this right be interpreted in different ways or even be controversial?

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During the drafting of the Constitution, the Founding fathers did not forsee the advancement of muskets, which caused major debates in today's society towards the extent of right to bear arms for each US citizen and whether this right is feasible in the 21st century.

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This amendment describes how the government can not force or have a say on what religion people choose to believe in and practice. This right also describes how people have the freedom to say and express whatever they want with no consequences, and the ability to have personal and peaceful gatherings.

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How can this right be interpreted in different ways and even be controversial? 

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How can this right be interpreted in different ways and even be controversial? 

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This could be interpreted in a way where the soldier feels that people are unwelcoming and don't respect them. The soldiers may feel that people don't care and don't want to help them out, even though the soldiers are the ones serving the people. It could be controversial because the soldiers may want to stay in peoples homes.

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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.

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City of Indianapolis v. Edmond, 2000 - Supreme Court case in which the court ruled in favor that police may not conduct vehicle searches with drug-sniffing dogs at a checkpoint or roadblocks without reasonable suspicion.

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it's controversial because it's up to the people on how they interpret this and for example if the national government bans abortion it would contradict the 9th amendment because the ban of abortion is not in the constitution therefore it is up to the people to decide what they want to do but clearly the 9th amendment doesn't work like that.

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How can this be interpreted in different ways or even be controversial?

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How can this be interpreted in different ways or even be controversial?

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Most of the controversy around the 8th Amendment comes from defining the word cruel. The founding fathers did not explicitly state what would be a cruel or unusual punishment, leaving that interpretation up to those enforcing this law. For example, some people may see a sentencing to death as a cruel punishment, but others may think it is deserved.

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Topics that aren't discussed directly in the Constitution are left up to the States or to the people to decide what they want to do.

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Engblom v. Carey happened on March 1, 1982. This was the first time the third amendment has ever been violated. Residents were evicted without notice or hearing. Their homes were used to house members of the National Guard without their consent.

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Batson vs Kentucky case dealt with jury selection. Connecting to the message of the sixth amendment, creating a diverse jury is important.

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It gives the right that a person cannot be persuaded by the government to self incriminate themselves.

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This goes against "pleading the 5th" and not having to incriminate themselves.

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In 2008, Washington DC prohibited registering firearms and carrying unregistered firearms. A Police Officer who tried to register a firearm was denied and he sued the District of Columbia. In a 5-4 majority decision, the court found that the banning of registering handguns violated the Second Amendment, as one of the judges stated that the Second Amendment does not create an unlimited right to possess guns for self-defense purposes. Instead, the most natural reading of the Amendment is that it protects the right to keep and bear arms for certain military purposes but does not curtail the legislature’s power to regulate nonmilitary use and ownership of weapons.

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Four men were forced to confess to a murder by torture. This was brought against the Florida’s court who justified the “suppression of a confession”.

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The main controversy behind the 10th amendment is having the federal government not being able to force or have an influence on which laws, that are not discussed in the Constitution, are passed and which ones are revoked.

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How can this right be interpreted in different ways or even be controversial?

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How can this right be interpreted in different ways or even be controversial?

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This right can be interpreted in different ways and even be controversial because people could be telling lies about the government or making threats, which is not legal.

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in 1879 there was a case called Griswold v. Connecticut
where a gynecologist opened a clinic for birth control but he got arrested even though there is no law against contraceptives, but there is multiple laws in the bill of rights that guarantee a right to privacy. This made people question the 9th law because it should be up to the people but this guy went to jail.

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Kayla L. Freeman was arrested and charged with operating a house of prostitution in Ohio. Her bail was set at $1 Billion. Though she was a high flight risk this still seemed unnecessary, especially for a non-violent crime. Freeman didn't necessarily pose a threat to society, she wasn't dangerous or violent, yet her bail was set insanely high, thus she challenged the court.

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In 1992, New York v. United States, the Supreme Court used their power to invalidate a part of the Low-Level Radioactive Waste Policy Amendment Acts that were established in 1985.

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Chaplinsky v. New Hampshire (1942)

The supreme court upheld a conviction of multiple Jehovahs Witnesses in New Hampshire who got arrested for parading  on a side walk with no permit. Claiming they are practicing their freedom of religion, speech, and the able to assemble.