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