Bill of Rights

In a letter to James Madison, what

did Thomas Jefferson write

about the Constitution in 1787?

Finish the quote:

“I will now add what I do NOT

like….” (See p. 250.)

“I will now add what I do NOT

like….

There is no Bill of Rights.”

The “Five Freedoms”

FREEDOM OF RELIGION –

FREEDOM OF SPEECH –

What does it mean?

Think: What is my right, it not always right.

FREEDOM OF SPEECH –

Think: If I protest the War in Iraq in school by making the peace symbol with my hands, is that “speech”. What about wearing an armband in protest? Can Mr. Vellucci forbid me?

FREEDOM TO ASSEMBLE –

Debate: Should this right apply to SOME people or ALL people?

Antiwar protesters sometimes protest outside a funeral for a soldier? Is it right?

Antiwar protesters sometimes protest outside a funeral for a soldier? Is it right?

Protests at military funerals: Free speech or harassment? (newspaper headline)

FREEDOM OF THE PRESS –

FREEDOM TO PETITION –

to appeal to or protest the government (letter, phone call, etc.)

RIGHT TO ARM BEARS –

RIGHT TO BEAR ARMS – People have the right to own a firearm

Debate: Should this right apply to SOME people or ALL people?

QUARTERING TROOPS

No soldiers can be quartered in any house without the consent of the owner

UNREASONABLE SEARCH AND SEIZURE – person’s personal belongings cannot be searched without probable cause,or a warrant (maybe)

RIGHTS OF THE ACCUSED

IF YOU ARE ACCUSED OF A CRIME:

1. DUE PROCESS OF LAW the gov’t has to follow rules and treat you fairly Ex.: You are innocent until…. Ex.: You must be found guilty beyond a….

2. HEARING by grand jury to decide if you should go to trial

What does this mean??

3. NO “Double Jeopardy” – you cannot be tried twice for the same crime (discuss movie)

4. NO “self-incrimination” – (You don’t have to say anything that can be used against you in court.)

Think: If you are accused of a crime, can they make you take the stand at your trial?

If you get arrested, police must read you your Miranda Rights:1. “You have the right to remain _____. Anything you say can and will be used against you in a court of law.”2. “You have the right to an attorney.”

Criminal Trial RightsWhat should the trial be like?

Criminal Trial Rights1. Right to a SPEEDY trial2. Right to a PUBLIC trial3. Right to a trial by an impartial JURY4. Right to a LAWYER5. Prosecutor must tell you what charges you are accused of. (what, when, and where)

Criminal Trial Rights

6. Right to QUESTION the WITNESSES who are

testifying against you.Why is this important??

Debate: Do you have to take the stand and answer questions from the Prosecutor??

Civil Trial Rights(divorce, a person is suing another person

or a business)1. Right to a JURY2. No judge can overturn the

decision of a JURY.

FINES AND PUNISHMENTS

1. Bail and Fines ($$$) cannot be excessive (too high)2. Punishment cannot be cruel or unusual

1. Is this picture cruel & unusual punishment?

2. Is the Death Penalty cruel and unusual punishment, or is it fair?

People have rights that are NOT listedin the Constitution or Bill of Rights(ex: right to privacy, no identity theft)

RIGHTS OF THE PEOPLE

Any powers NOT given to the National Government* are given to the STATES or the people(Ex: schools, what else?)* or not denied to the states in Article 1, Section 10

STATES’ RIGHTS