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| | *the Tenth Amendment, which protects the rights of the States and the people except when powers are expressly given to the federal (national) government | | *the Tenth Amendment, which protects the rights of the States and the people except when powers are expressly given to the federal (national) government |
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| − | Let's now look at the some of the most controversial provisions in the Bill of Rights:
| + | Next let's now explain in greater detail the most controversial provisions in the Bill of Rights mentioned above. |
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| − | ===The Establishment Clause=== | + | ===Establishment Clause=== |
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| | The [[Establishment Clause]] is the very first clause in the Bill of Rights: “[[Congress]] shall make no law respecting an establishment of religion ....” | | The [[Establishment Clause]] is the very first clause in the Bill of Rights: “[[Congress]] shall make no law respecting an establishment of religion ....” |
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| | NOTE: do not confuse the Establishment Clause with the Free Exercise Clause, which follows it in the First Amendment: “Congress shall make no law ... prohibiting the free exercise thereof ....” | | NOTE: do not confuse the Establishment Clause with the Free Exercise Clause, which follows it in the First Amendment: “Congress shall make no law ... prohibiting the free exercise thereof ....” |
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| − | ==Free Speech== | + | ===Free Speech Clause=== |
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| | One clause in our Constitution has expanded in meaning far greater than every other clause. The right to free speech has grown and grown and grown. It threatens to swallow the entire Constitution is some respects. | | One clause in our Constitution has expanded in meaning far greater than every other clause. The right to free speech has grown and grown and grown. It threatens to swallow the entire Constitution is some respects. |
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| | Further, free speech does not generally protect one from the resulting consequences of that speech by private persons. For example, your boss has a right to fire someone for making unflattering statements about him on the internet. | | Further, free speech does not generally protect one from the resulting consequences of that speech by private persons. For example, your boss has a right to fire someone for making unflattering statements about him on the internet. |
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| − | ==Rights of Criminal Defendants== | + | ===Rights of Criminal Defendants=== |
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| | The basic rights of criminal defendants include: (1) the right to trial by an impartial jury; (2) the right against unreasonable searches and seizures (usually that means a search without a warrant), (3) the right against Double Jeopardy (being retried after being found not guilty); (4) the right to receive a Miranda warning when taken into custody (established by the Supreme Court decision of ''Miranda v. Arizona''; (5) the right to a hearing before a judge if held in jail (writ of habeas corpus); and (6) protection against cruel and unusual punishment. There are other rights also. | | The basic rights of criminal defendants include: (1) the right to trial by an impartial jury; (2) the right against unreasonable searches and seizures (usually that means a search without a warrant), (3) the right against Double Jeopardy (being retried after being found not guilty); (4) the right to receive a Miranda warning when taken into custody (established by the Supreme Court decision of ''Miranda v. Arizona''; (5) the right to a hearing before a judge if held in jail (writ of habeas corpus); and (6) protection against cruel and unusual punishment. There are other rights also. |