THE BILL OF RIGHTS

Chapter 10

THE FIRST TEN AMENDMENTS

PROTECTION FROM GOVERNMENT POWER John Hancock promised that the new

Congress’s first job would be to add a bill of rights to the Constitution

The bill of rights was added to protect Americans from abuses of government power

RATIFICATION When the Constitution was approved, the

agreement was based upon ratification (or amend) the original document

9 out of 13 states agreed to adopt the Constitution upon this ratification

When the convention met in 1788, they agreed that “Rights of the People” must be added

THE FIRST GOVERNMENT

In 1789, the first presidential election took place as George Washington was elected President and John Adams was elected Vice-President

James Madison was also known as the “Father of the Constitution”

CREATING THE BILL OF RIGHTS

By 1791, 9 out of 10 states had approved 10 amendments

These 10 amendments became known as the Bill of Rights

These “paper barriers” have protected people from the abuses of government for over 200 years and were far stronger than Madison could have ever hoped.

THE FIRST AMENDMENT

Madison combined basic freedoms into the First Amendment, including the freedom of:

ReligionSpeechPressAssemblyRight to Petition

Government

VIOLATION OF AMENDMENT RIGHTS

If a person believes that the gov’t has violated any of these rights, they may challenge the gov’t in court.

If a case reaches the Supreme Court, 9 out of 10 justices must decide how the Constitution applies to the situation.

RIGHT TO WORSHIP The first right to religious freedom

includes: 1.) Congress cannot declare any religion a national religion of the US 2.) It also cannot make laws to favor any religion over anotherThese were created, in Jefferson’s words, to build a “wall of separation between church and state”

RIGHT TO WORSHIP (CON’T)

The second right to religious freedom is that Congress can make no law to prohibit people from believing, or not believing. People are free to choose their religious preferences without fear of punishment

FREEDOM OF SPEECH Freedom of speech protects the rights

of individuals to speak freely in public places

Speech (also known as “expression”) includes symbolic speech or actions to express their opinions

The court does impose limits on types of speech, including that which can be harmful or deemed offensive or disagreeable.

FREEDOM OF SPEECH

FREEDOM OF PRESS Freedom of press includes: newspapers

magazinesbookstelevision/moviesinternetother communication media

The purpose of freedom of press isn’t to protect “free thought for those who agree with us, but freedom for the thought that we hate.”

RIGHT TO ASSEMBLE & PETITION

The final two rights protected in the first amendment are:

The right to peacefully assemble(gather together with others, protest)

The right to petition (or appeal) the government

WHAT IF A PROTEST IS UNPEACEFUL?

Police can arrest a speaker or protestor who urges others to be violent or break the law

Anyone who riots or damages public property can be arrested and fined

Protestors cannot close streets or buildings

END OF FIRST AMENDMENT!

Complete worksheet on First Amendment!

THE SECOND AMENDMENT

The Right to Bear ArmsThe meaning of this amendment is highly debated as to differing opinions

1.) The right to own guns *only*if you are in an organized militia 2.) The right to own weapons for their own self defense

THE THIRD AMENDMENT “No soldier shall…be quartered

[housed] in any house, without the consent of the owner.”

This amendment was created to protect the privacy of people’s homes, and to prohibit what the British did by demanding soldiers to be taken in and cared for by the owners.

THE FOURTH AMENDMENT

Searches & Seizures

Seizure – the act of forcibly taking control of a person or property

Before arresting or searching a person’s home, the police must get a warrant from a judge, proving there is good reason to search that person’s home or property.

END OF AMENDMENTS TWO THROUGH FOUR

AssignmentDraw a picture that relates to each amendment (2-4) and write that amendment at the top of each picture. Picture must (be):

ColoredApply to the AmendmentAt least a half page in size

LEGAL RIGHTSAMENDMENTS 5-8

The next four amendments lay out of the rights and protections that apply to people who are accused of crimes or are involved in other legal disbutes

THE FIFTH AMENDMENT

Legal Rights:1.) Right to a trial by jury2.) Cannot be tried for the same crime

twice if found not guilty3.) Police cannot force anyone to say

things that might be used against them (self-incrimination)

4.) Police must remind people of their right to be silent before questioning them (“Miranda Rights”)

**In court, defendants do not have to take the witness stand**

FIFTH AMENDMENT (CON’T)

5.) A person must be given due process of law in all

circumstances(follow rules and act reasonably)

6.) A person must be given compensation if their property is taken over

Ex.) A company buys part of someone’s property to build a road or building

THE SIXTH AMENDMENTCriminal Trial Rights:

1.) A speedy trial 2.) A public trial3.) Trial by jury4.) The accused must be informed of the

charges against them5.) A defendant has the right to hear and question all witnesses that testify in a

trial6.) A defendant has the right to an attorney

to assist them with their defense

THE SEVENTH AMENDMENTCivil Trial Rights

Not all trials involve criminal actions. Some trials involve civil matters such as:

1.) Money2.) Property3.) Family Matters4.) Divorce

THE EIGHTH AMENDMENT

Bail and PunishmentBefore trials, it protects from excessive bailAfter trials it protects from:

1.) Excessive fines2.) Cruel and Unusual punishment (meaning inhumane conditions)

GREGG VS. GEORGIA Upon arguments about the death

penalty, the Supreme Court ruled it was constitutional to put someone to death for a crime, and did not violate the Eighth Amendment

There are still advocates today that argue their opinions on the death penalty

END OF AMENDMENTS 5-8 ON LEGAL ISSUES

AssignmentWrite a persuasive essay on the death penalty and your opinions on whether or not you agree with it. It must be grammatically correct, of sound reasoning, and at least 2 FULL pages

THE NINTH AMENDMENT This amendment states that just

because some rights are not listed, doesn’t mean that they aren’t there.

Ex.) The right to privacy

THE TENTH AMENDMENT

Power to the States

Powers not given to the national government by the Constitution are

“reserved to the states…or to the people”.

When state and national governments conflict, the national government is supreme

CONCLUSION OF BILL OF RIGHTS

Bill of Rights = First Ten Amendments 1st Amendment = 5 basic freedoms 2nd, 3rd, & 4th = protections from gov’t

power 5th – 8th = fair treatment in legal actions 9th & 10th = relationship between

states, people and national government

ASSIGNMENT Complete your own Bill of Rights book. It

must contain the following information:1.) Title Page2.) Page for each of the 10

Amendments, with the amendment written out

3.) A (colored) picture to go with each amendment

**Compose much like planet books!**