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 |