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Handout C: Fundamental Freedoms?

Directions: Read the list of Amendments and Freedoms in the right column. Determine if the freedom is a fundamental freedom. In the second column, circle “Yes” if it is a fundamental freedom, and circle “No” if it is not. Use Handout D: Incorporation Cases to determine which of these freedoms have been incorporated against the states. Circle “Yes” or “No” in the column.

Amendment and Freedoms Fundamental Freedom? Incorporated?
First Amendment
1. No established religion Yes/No Yes/No
2. Free exercise of religion Yes/No Yes/No
3. Freedom of speech Yes/No Yes/No
4. Freedom of the press Yes/No Yes/No
5. Freedom to assemble Yes/No Yes/No
6. Freedom to petition the government Yes/No Yes/No
7. Freedom to associate (an additional right inferred by the Court) Yes/No Yes/No
Second Amendment
1. Right to keep and bear arms Yes/No Yes/No
Third Amendment
1. No quartering of soldiers Yes/No Yes/No
Fourth Amendment
1. No unreasonable searches or seizures Yes/No Yes/No
2. No warrants issued without probable cause Yes/No Yes/No
3. Freedom from punishment based on unlawfully seized evidence (an additional right inferred by the Court) Yes/No Yes/No
Fifth Amendment
1. Right to indictment by a Grand Jury Yes/No Yes/No
2. No double jeopardy [being tried for the same crime twice] Yes/No Yes/No
3. Right to not have to testify against oneself Yes/No Yes/No
4. Not deprived of life, liberty, or property without due process Yes/No Yes/No
5. Private property shall not be taken for public use without just compensation [payment] Yes/No Yes/No
Sixth Amendment
1. Speedy and public trial Yes/No Yes/No
2. Trial by an impartial jury Yes/No Yes/No
3. Trial held in the district where the crime was allegedly committed Yes/No Yes/No
4. Informed of the accusation [why one is being charged] Yes/No Yes/No
5. Confronted by witnesses Yes/No Yes/No
6. Have witnesses in your favor Yes/No Yes/No
7. Have counsel [lawyer] for defense Yes/No Yes/No
Seventh Amendment
1. Jury trial preserved in cases valued over $20 Yes/No Yes/No
2. If the facts of a case are determined by a jury, those facts cannot be overturned by another court Yes/No Yes/No
Eighth Amendment
1. No excessive bail Yes/No Yes/No
2. No excessive fines Yes/No Yes/No
3. No cruel or unusual punishment Yes/No Yes/No