1301 Lecture 22 Bill of Rights — Transcript

Full transcript

1. 0:02here we go again 1301
2. 0:06uh i remember uh when the constitution
3. 0:09was sent out for approval
4. 0:11uh virginia new york kind of blocking on
5. 0:14it
6. 0:15and so the the federalists those who
7. 0:19favor the constitution
8. 0:21uh offered a deal to virginia and new
9. 0:23york
10. 0:24whereby if they approve this
11. 0:26constitution
12. 0:29a list of rights and liberties would be
13. 0:31added
14. 0:32to the constitution and with that
15. 0:34virginia
16. 0:35and new york approved well okay now
17. 0:38if you grab your book go to page 292
18. 0:43292 which says
19. 0:46the bill of rights in may 1789
20. 0:51congress passed a set of constitutional
21. 0:54amendments
22. 0:55intended to protect individual rights
23. 0:58as i mentioned before in order to
24. 1:02amend the constitution or change the
25. 1:03constitution
26. 1:05very difficult to do takes a two-thirds
27. 1:08vote of the house
28. 1:09two-thirds voted the senate huge
29. 1:12majorities
30. 1:13in the three-fourths majority of the
31. 1:16states
32. 1:17very huge and back then 13 states that
33. 1:20meant that
34. 1:2110 states had to approve the council had
35. 1:23to approve these changes
36. 1:25huge majorities remember lock thomas
37. 1:28jefferson put this in the declaration
38. 1:30you don't change governments for
39. 1:33frivolous reasons huge majorities
40. 1:37all right so may 1789 congress approves
41. 1:41a set of constitutional amendments or
42. 1:44it's going to be
43. 1:45presented to the congress i'm sorry
44. 1:47james madison you look under the bill of
45. 1:49rights there
46. 1:51to address concerns raised by opponents
47. 1:53of the new federal government james
48. 1:54madison remember he was on the authors
49. 1:56of the constitution
50. 1:57now a congressman from virginia
51. 1:59presented to congress in may 1789
52. 2:01a set of constitutional amendments to
53. 2:02protect individual rights
54. 2:04and if you go down to the end of the
55. 2:05paragraph by the end of 17 uh
56. 2:08they and and congress approved 12 12
57. 2:11amendments
58. 2:13to the constitution 12 and
59. 2:1610 of those were approved congress
60. 2:19approved
61. 2:2012 and of those 12
62. 2:23the states approved 10 of them two
63. 2:26didn't get the necessary majorities
64. 2:28and those 10 amendments to the
65. 2:31constitution
66. 2:32are known collectively as the bill of
67. 2:35rights
68. 2:37now if you flip back to the back of the
69. 2:39book
70. 2:42page a 94
71. 2:45through a96 a94 through 896.
72. 2:50these first 10 amendments were approved
73. 2:54december 15 1791 took a while to
74. 2:58work through the system but december 15
75. 3:011791
76. 3:0210 amendments became part of the
77. 3:04constitution the first 10
78. 3:06known collectively as the bill of rights
79. 3:08i'm going to
80. 3:09go through them briefly of course
81. 3:12everybody
82. 3:13pretty much knows the first amendment
83. 3:15congress shall make no law
84. 3:17respecting an established an
85. 3:19establishment or religion
86. 3:21or prohibiting the free exercise thereof
87. 3:24or bridging the freedom of speech
88. 3:26or of the press the right of people to
89. 3:28peace peaceably to assemble
90. 3:30and petition the government for redress
91. 3:31of grievances
92. 3:33you have free religion free press
93. 3:38free assembly peaceful assembly
94. 3:41free speech and you can petition the
95. 3:45government for redress of grievances
96. 3:47you can write to your congressman your
97. 3:49senator your president
98. 3:51saying i don't like this thing that you
99. 3:52did or you can say hey you did a
100. 3:54fantastic job
101. 3:56uh you have the right to worship your
102. 3:58own religion or no religion
103. 4:01there are no state sponsored religions
104. 4:04you see this part of a reaction a lot of
105. 4:05these are reactions against the british
106. 4:07system
107. 4:08the anglican church was the official
108. 4:09state church of england
109. 4:11the united states has no official state
110. 4:14church
111. 4:16you have free press newspapers you can
112. 4:18print things
113. 4:20you can print the news you can print
114. 4:21editorials you can print your opinion
115. 4:25you have free speech you can say
116. 4:26basically what you want
117. 4:28you can assemble peacefully peacefully
118. 4:32and like i said you can petition for
119. 4:34redress of grievances
120. 4:35so five basic rights in the first
121. 4:37amendment five basic rights freedom of
122. 4:39speech
123. 4:40press religion assembly petition
124. 4:43all right second amendment very
125. 4:46controversial
126. 4:48a well-regulated militia being necessary
127. 4:50to the security of a free state
128. 4:52the right of the people to keep and bear
129. 4:53arms shall not be infringed second
130. 4:56amendment gives you the right
131. 4:57to own a gun or more than one gun
132. 5:01now uh
133. 5:04proponents of the second amendment today
134. 5:06will say oh yeah
135. 5:07second amendment you have the right to
136. 5:08own a gun those
137. 5:11who view the second amendment
138. 5:12differently who want more gun control
139. 5:15will say oh no no you got to read the
140. 5:17whole thing a rel
141. 5:19regulated militia and
142. 5:22some of those people argue you have to
143. 5:23be a member of a militia to own a gun
144. 5:25now remember the militias like the
145. 5:26minutemen
146. 5:28uh you had to own you had to bring your
147. 5:30own gun
148. 5:31when you had militia meetings when the
149. 5:32militia was called into service
150. 5:34like on april 19 1775 the opening day of
151. 5:38the revolution
152. 5:38you had to bring your own gun so in
153. 5:41order to be a member of a well-regulated
154. 5:43militia you had to have your own gun
155. 5:45well the role of the militia has changed
156. 5:46over the years we don't have militia
157. 5:50now as we did then it's the national
158. 5:52guard today and
159. 5:54if you remember the national guard the
160. 5:55government supplies you with a gun
161. 5:58however however there's a little known
162. 6:00law called the militia act
163. 6:03that says uh able-bodied males i forget
164. 6:07what the years are
165. 6:09i forget what the age range is but all
166. 6:12able-bodied males who fit into that age
167. 6:14range
168. 6:14age range are members of what's called
169. 6:18the unorganized militia
170. 6:20you don't know you're a member of this
171. 6:22unorganized militia
172. 6:25the government doesn't send you a letter
173. 6:27saying congratulations you're part of
174. 6:28the unorganized militia
175. 6:30you don't have to sign anything they
176. 6:31don't even have meetings where you
177. 6:34were you trained but if this unorganized
178. 6:36militia is called in service you have to
179. 6:37bring their own gun
180. 6:39so all right some people exercise their
181. 6:42second amendment rights to own guns more
182. 6:44than others
183. 6:45okay now keep in mind with all these
184. 6:48rights
185. 6:49there are restrictions like to own a gun
186. 6:52in texas
187. 6:54i believe you have to be 18 to own a
188. 6:56rifle or a shotgun
189. 6:58you have to be mentally capable you
190. 7:00can't be a a
191. 7:02convicted felon for example so there are
192. 7:05restrictions
193. 7:06reasonable restrictions to any of these
194. 7:09things
195. 7:10third amendment uh a lot of people don't
196. 7:12know the third amendment and again this
197. 7:13is a reaction against the british
198. 7:15quartering action remember the
199. 7:16quartering acts
200. 7:17british troops could be housed in your
201. 7:19home without your consent
202. 7:21at your expense i'll know more of that
203. 7:25no soldier shall in time of peace be
204. 7:27courted in any house
205. 7:28without the consent of the owner nor
206. 7:31time of war but in a manner to prescribe
207. 7:33by law
208. 7:34government troops cannot be housed in
209. 7:36your house without your consent the
210. 7:38commander at fort bliss cannot come to
211. 7:40your house and say
212. 7:41oh i understand you own this house and
213. 7:42you have an empty bedroom
214. 7:44you are going to house a soldier in
215. 7:46there nope can't do it
216. 7:49reaction against the quartering acts
217. 7:52fourth amendment also a reaction against
218. 7:54uh
219. 7:55practices of the british the right of
220. 7:57the people to be secure in their persons
221. 7:58houses papers
222. 8:00and effects against unreasonable
223. 8:02searches and seizures shall not be
224. 8:04violated
225. 8:04british troops british authorities
226. 8:07including troops would just go to your
227. 8:09house
228. 8:10and say we're going to search it you say
229. 8:12no you're not they say yes we are and
230. 8:13they do
231. 8:14i don't know more of that you're secure
232. 8:17your person house papers effects against
233. 8:19unreasonable searches and seizures
234. 8:21and this shall not be violated no
235. 8:23warrant shall issue but upon probable
236. 8:25cause
237. 8:29police can get a search warrant to
238. 8:31search your home they have to get it
239. 8:32from a judge
240. 8:34to get a search warrant they have to
241. 8:37present
242. 8:37probable cause we suspect this person is
243. 8:40doing something
244. 8:41illegal in their house and here's some
245. 8:43evidence to back that up
246. 8:45and the judge will look at that and say
247. 8:46well yeah that looks reasonable and sign
248. 8:48a search warrant or the judge could say
249. 8:49no
250. 8:50that's no that's not that's not
251. 8:52reasonable no search warrant
252. 8:54you know police go to your house you
253. 8:56know and they're knocking the door
254. 8:57there's a lot of illegal drug activity
255. 8:59going on in this neighborhood
256. 9:00uh drugs are being we suspect drugs are
257. 9:03being buried in the backyard can we
258. 9:04search your backyard
259. 9:06for illegal drugs you say no you say
260. 9:09show me a search warrant
261. 9:11cops can say oh we'll get a search
262. 9:12warrant meanwhile police cars will be
263. 9:14here we'll have 10 offices here the
264. 9:15lights will be flashing
265. 9:16people come around what are they doing
266. 9:18at your house you're doing something
267. 9:19illegal
268. 9:20and they'll go to the judge police will
269. 9:22go to the judge we want to get a search
270. 9:24warrant to search this person's house
271. 9:25we asked the person if we could search
272. 9:28they said no
273. 9:28we would like your permission to do it
274. 9:31and and
275. 9:32we suspect just because they say we
276. 9:34can't we suspect
277. 9:36they're doing something illegal judge
278. 9:37will say that's not probable cause
279. 9:39all right okay so in order for the cops
280. 9:42to search your house they need a search
281. 9:43warrant and in order to get that they
282. 9:45need probable cause
283. 9:47uh fifth amendment also a reaction
284. 9:49against the british system
285. 9:51no person shall be held to answer for a
286. 9:53capital or otherwise infamous crime
287. 9:56unless on presentation or indictment of
288. 9:57a grand jury you have to be indicted by
289. 9:59a grand jury
290. 10:01uh skipping down nor shall any person be
291. 10:05subject for the same offense to be
292. 10:06to be twice put in jeopardy of life or
293. 10:09limb
294. 10:10this is called double jeopardy if you
295. 10:12have a trial
296. 10:14and you are found not guilty
297. 10:18not guilty you cannot
298. 10:21be tried for that same crime again
299. 10:24you could walk out of that courthouse
300. 10:26onto the steps of the courthouse and
301. 10:28announce to the world
302. 10:30ha i did it and here's how i
303. 10:33did it can't be tried again
304. 10:39a person shall not be compelled in any
305. 10:41criminal case to be a witness
306. 10:43against them against themselves so
307. 10:46you don't have your report on trial for
308. 10:48something you're accused of a crime
309. 10:49you're put on trial you do not have to
310. 10:52be a witness against yourself
311. 10:54you do not have to take the witness
312. 10:55stand the prosecution has to prove
313. 10:58that you're guilty you do not have to
314. 11:01prove that you're not guilty
315. 11:02prosecution has to prove that you are
316. 11:04guilty
317. 11:06and uh some people who are witnesses uh
318. 11:10when they say oh i take the fifth
319. 11:11amendment you know maybe they're witness
320. 11:13not not the accused their witness
321. 11:15and and and the lawyer asked them the
322. 11:17prosecutor asked them well are you
323. 11:18involved in any illegal activity you
324. 11:20would say oh no i plead the fifth
325. 11:21amendment
326. 11:22you do not have to be a witness against
327. 11:23yourself and you cannot be deprived of
328. 11:25life liberty or property
329. 11:27without due process of law
330. 11:31you cannot be deprived of life liberty
331. 11:33and property without due process of law
332. 11:35you know life liberty property those
333. 11:36things that john locke said are your
334. 11:38god-given rights
335. 11:40so fifth amendment again a reaction
336. 11:42against the british system
337. 11:44uh yeah
338. 11:47sixth amendment also our reaction
339. 11:49against the british system
340. 11:51in all criminal prosecutions the accused
341. 11:53shall enjoy the right to a speedy and
342. 11:55public trial
343. 11:56by an impartial jury of the state and
344. 11:58district where the crime was committed
345. 12:00remember uh with the gaspe and part of
346. 12:04the intolerable acts
347. 12:07anyone accused of violating things could
348. 12:09be hauled off to england for
349. 12:11trial not have their trial in the colony
350. 12:14where the crime is committed they would
351. 12:15be hauled off to england for trial
352. 12:18impartial jury of the state and district
353. 12:20where the crime was committed
354. 12:23and you shall be informed of the nature
355. 12:25and cause of the act
356. 12:26of the accusation under the colonial
357. 12:29system the british would arrest you
358. 12:31not inform you of what crime you
359. 12:35allegedly committed
360. 12:36you have the right to be confronted with
361. 12:38witnesses
362. 12:40against you people say oh yeah he did it
363. 12:44you have the right to confront those
364. 12:45witnesses
365. 12:48you have the right to obtain witnesses
366. 12:50on your behalf and
367. 12:52you have the right to assistance of
368. 12:54counsel for your defense
369. 12:56in other words you have the right to a
370. 12:57lawyer
371. 13:01right sixth amendment seventh amendment
372. 13:05it suits a common law with a value of
373. 13:07controversy shall exceed twenty dollars
374. 13:09the right of trial by jury shall be
375. 13:11preserved okay
376. 13:13so if suit of common law
377. 13:16valium questions over twenty dollars
378. 13:19you have the right to a jury trial
379. 13:21courts will urge you
380. 13:23don't do that go to small claims court
381. 13:27eighth amendment excessive bail shall
382. 13:30not be required no excessive fines
383. 13:32imposed nor cruel and unusual
384. 13:33punishments inflicted
385. 13:35punishment has to fit the crime if
386. 13:38you're accused of shoplifting a pack of
387. 13:40gum
388. 13:40let's say a pack of gum cost a dollar
389. 13:44you got witnesses that saw you do it get
390. 13:47video evidence you did it
391. 13:49you have a jury trial you're found
392. 13:52guilty
393. 13:52the judge says the punishment is death
394. 13:57well that would be a little excessive
395. 14:00in this case you probably say the the
396. 14:02judge would probably say oh pay the
397. 14:03store the dollar
398. 14:04and do like you know 20 hours of
399. 14:06community service
400. 14:08so the punishment must the punishment
401. 14:10must fit
402. 14:11the crime now speaking of death
403. 14:16the united states has the death penalty
404. 14:18the united states government
405. 14:19can impose the death penalty some states
406. 14:22have the death penalty some don't
407. 14:25there are people who oppose the death
408. 14:27penalty
409. 14:28um they say it violates the eighth
410. 14:31amendment
411. 14:32the death penalty is cruel and unusual
412. 14:35well in order to be unconstitutional the
413. 14:37death penalty has to be cruel
414. 14:39and unusual it says cruel and unusual
415. 14:44this is my interpretation of it anyway
416. 14:47the death penalty may be cruel we could
417. 14:49debate that
418. 14:50but it's not unusual the united states
419. 14:52has had the death penalty since we've
420. 14:54had a united states
421. 14:55other countries have the death penalty
422. 14:57some don't
423. 14:58some do so it's not unusual
424. 15:04okay now the ninth amendment i call this
425. 15:07the catch-all amendment
426. 15:09remember one of the arguments against
427. 15:12including
428. 15:13a bill of rights is
429. 15:16you can't possibly list all of your
430. 15:18rights the list would be
431. 15:20endless endless and if you start listing
432. 15:22rights you say these are your specific
433. 15:24rights
434. 15:26if you're if a right is not on that list
435. 15:30it implies that it's not a right well
436. 15:32the ninth amendment takes care of that
437. 15:34the enumeration in the constitution of
438. 15:36certain rights should not be construed
439. 15:37to deny or disparage others retained by
440. 15:40the people in other words
441. 15:43just because we've listed certain rights
442. 15:46in this constitution that does not mean
443. 15:49you do not have other rights
444. 15:50you still have all the rights
445. 15:53you had prior to this constitution
446. 15:56just to catch all women yes we didn't
447. 15:58list every single right you have
448. 16:01we've listed the most important ones
449. 16:05but just because your right is not
450. 16:07listed there you still have that right
451. 16:09remember those ridiculous arguments i
452. 16:11mentioned the other day you can get up
453. 16:12in the morning whenever you want
454. 16:14brush your teeth don't brush your teeth
455. 16:16take a bath not take a bath you still
456. 16:17have those rights
457. 16:19tenth amendment is the states rights
458. 16:21amendment
459. 16:23the power is not delegated to the united
460. 16:24states by the constitution nor
461. 16:26prohibited by 10 states are reserved to
462. 16:28the states respectively or the people
463. 16:30in other words the constitution spells
464. 16:33out the powers
465. 16:34of the national government the united
466. 16:35states government
467. 16:39you look at articles one through seven
468. 16:42in the constitution
469. 16:43and those are the powers that are given
470. 16:45to the national government
471. 16:47the u.s government
472. 16:50any power not specifically given to the
473. 16:53national government
474. 16:54is reserved to the states
475. 16:57and the people any power not
476. 17:01specifically given to the national
477. 17:02government is reserved to the states
478. 17:04or the people a perfect example of that
479. 17:07is speed limits
480. 17:09speed limits are not a power for the
481. 17:12national government
482. 17:13those are powers for the states or the
483. 17:14people all right
484. 17:17the bill of rights in a nutshell
485. 17:22i might just add here
486. 17:25any of you ever been stopped at one of
487. 17:26those insurance checkpoints
488. 17:29you know they check you they say can we
489. 17:30see your insurance your license and
490. 17:32you show it to them i believe
491. 17:36those insurance checkpoints and i
492. 17:37believe dui checkpoints
493. 17:40are unconstitutional a violation of the
494. 17:43fourth amendment
495. 17:45i believe they are unreasonable searches
496. 17:47and searches
497. 17:48now it used to be at these checkpoints
498. 17:52they would stop like every 10th car
499. 17:56apparently supreme court ruled that was
500. 17:57unconstitutional if if they're gonna
501. 17:59stop cars they have to stop
502. 18:01every car every car so now they stop
503. 18:03every car
504. 18:04and you get traffic backed up
505. 18:09but what was the probable
506. 18:12cause
507. 18:16for them to stop your car did they
508. 18:19suspect you didn't have insurance
509. 18:21no they're just stopping everybody the
510. 18:24fourth amendment does not say
511. 18:26you are secure and your person houses
512. 18:28papers and effects against
513. 18:29unreasonable searches and seizures
514. 18:31unless everybody is searched
515. 18:33it doesn't say that i believe those
516. 18:36checkpoints are unconstitutional
517. 18:38but if you ever get stopped at one
518. 18:42don't debate constitutional law with the
519. 18:44cop
520. 18:45just show the cop your insurance show
521. 18:47the cop your license
522. 18:48and you can be on your way so just my
523. 18:52view however
524. 18:53the learned justices
525. 18:56on the nation's highest court did not
526. 18:58consult me on this matter
527. 19:00well there you go there's the bill of
528. 19:01rights in a nutshell
529. 19:03uh it's important for everyone to know
530. 19:05their rights
531. 19:07if you don't know your rights your
532. 19:08rights can easily be taken away from you
533. 19:11and you won't even know it your rights
534. 19:14are important
535. 19:15know your rights under the bill of
536. 19:18rights
537. 19:19okay all right we'll take up next time
538. 19:22alexander hamilton's economic
539. 19:24programs so we'll see you then bye