The Bill of RightsThe Bill of Rights(1791)(1791)

The first 10 AmendmentsThe first 10 Amendments

to the U. S. Constitutionto the U. S. Constitution

“the only purpose for which power can be rightfully exercised over any

member of a civilized community,

against his will, is to prevent harm to

others.” John Stuart Mill

On Liberty (1859)

Why was a Bill of Rights NOT Why was a Bill of Rights NOT added in Philadelphia?added in Philadelphia?

• Framers created a limited government

• Many states had own Bill of Rights

• Fear of “forgotten rights”• Some rights were included

in the Constitution

Antifederalists’ Demand a Bill Antifederalists’ Demand a Bill of Rightsof Rights

George Mason, Edmund

Randolph, and Elbridge Gerry

Amendment IAmendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

““CongressCongress shall make shall make no law….”no law….”

Before the Civil War, the Bill of Rights did NOT apply to the states.

Barron v. Baltimore (1833)

1414thth Amendment:Amendment:Due Process Due Process

ClauseClauseand the and the

Equal Equal Protection Protection

ClauseClause

14th Amendment-Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No StateNo State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Due Process Clause (due process of law) is the

principle that the government must respect all of a person's

legal rights, instead of just some or most of those legal rights, when the government

deprives a person of life, liberty, or property.

Due ProcessDue Process

4th- Search and Seizure and Search and Arrest Warrant

5th- Against Self-Incrimination and Double Jeopardy

6th- Right to an Attorney, Speedy Trial, Hear Witnesses against you, Change of Venue

8th- Against Excessive Bail and Fine and Cruel and Unusual Punishment

1414thth Amendment: Amendment: Due Process ClauseDue Process Clause

Mapp v. Ohio (1961)

Gideon v. Wainwright (1963)

Miranda v. Arizona (1966)

Gideon v. Wainwright (1963)Gideon v. Wainwright (1963)

The Equal Protection Clause provides that "no state shall… deny to any person within its

jurisdiction the equal protection of the laws."

1414thth Amendment: Amendment: Equal Protection ClauseEqual Protection Clause

Brown v. B.O.E. (1954)

Baker v. Carr (1962)

Regents of the University of California v. Bakke (1978)

Brown v. B.O.E. (1954)Brown v. B.O.E. (1954)

Civil LibertiesCivil Liberties

•Freedoms guaranteed to the Freedoms guaranteed to the individualindividual

•Restraints on the governmentRestraints on the government

•Declares what government cannot doDeclares what government cannot do

•……and what the government must and what the government must prevent others from taking from youprevent others from taking from you

Civil RightsCivil Rights

•What the government must do or What the government must do or provideprovide

•Basic right to be free from Basic right to be free from unequal treatmentunequal treatment

•Free from prejudice based on Free from prejudice based on characteristics such as race, characteristics such as race, gender, disability, etc…gender, disability, etc…