THE BILL OF RIGHTS

Constitutional Roots

By 1790, all 13 original states ratified the Constitution

Many people did not believe the Constitution did enough to protect individuals

Many different views on whether individual rights should have been included

Should individual rights be included in the Constitution?

Thomas Jefferson“Bill of Rights is what people are entitled

to…and what no just government should refuse.”

Alexander HamiltonNo laws needed to stop the government

from doing things the Constitution gives it no power to do

Other arguments States already have own bill of rights to

protect individual libertiesCounterargument: Many states (such as NY)

did not have a bill of rights

Would states oppose the Constitution without the Bill of Rights?

Madison’s solution: 10 amendments that focused on individual rights

First Amendment

Freedom of Religion

Freedom of Speech

Freedom of the Press

Freedom of Assembly

Freedom of Petition

Think-Pair-Share Which of the freedoms granted in the First

Amendment do you believe is most important? Why?

Write out your response with at least 2 reasons as to why that freedom is most important

You will then share with a neighbor to discuss before a class-wide sharing of responses

Homework

Animated Diagram of the First Amendment

http://my.hrw.com/ss2/ss06_07_08/student/flash/civrar_fiAD/animated_viewer.html

Link is on my website under Gov & Econ Assignments.

Second Amendment

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.

Third Amendment

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Fourth Amendment 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.

Fifth Amendment

Indictment: Formal accusation of an individual for the crimeMust happen before a person can be tried

for a serious offenseGrand jury decides if there is enough

evidence to go to trialProtection from harsh government

Fifth Amendment (continued) Protection from Self-Incrimination

Do not have to testify against oneself “I plead the fifth”

Protection from double jeopardyCannot be tried twice for the same crime

Cannot be denied life, liberty, or property without due process of lawCannot be punished for a crime until the law

has been fairly applied

Fifth Amendment (continued) Eminent Domain

“nor shall private property be taken for public use, without just compensation”

Protects right to own property, but goes government power to take private property for public use

Must give fair market value

Sixth and Seventh Amendments

SixthSpeedy and public trialImpartial jury where crime was committedInformed of chargesWitnesses for both sidesRight to an attorney

SeventhTrial by jury in cases involving

money/property

Eighth Amendment

Ensures people appear for trial

Judges order accused to pay bailMoney or property that the accused gives the

court to holdPerson released from jailGet money back when you return for trialJudges cannot set excessive bail

Forbids cruel and unusual punishment

Ninth and Tenth Amendments

Ninth AmendmentAmericans enjoy basic rights not in

ConstitutionOpen for interpretation for they are not definedRights mentioned in past: political activism

and privacy

Tenth AmendmentPowers not specifically given to Federal

government belong to states or the people