The Amendment

sDaily Cornell’s Notes and Activities

October 21, 2010

The Bill of Rights

• The First Amendment – guarantees freedom of religion, speech, assembly, and press, and the right of people to petition the government.• The American press is NOT subject to prior

restraint, that is, government censorship of information before it is published or broadcast.

• The freedom of speech are limited:• Slander: false speech intended to damage a person’s

reputation• Libel: similar to slander, except that it applies to

written or published statement. • Endangering the nation’s safety by giving away military

secrets or calling for the violent overthrow of the government.

Think – Pair - Share

• Read “Limits to Free Speech” on page 84 and discuss with a partner the following:

• Would passing out flyers in a store’s parking lot to advertise a school event be a First Amendment right? Explain

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• The Second Amendment – protects the right of state to maintain a militia and of citizens to bear arms

• The Third Amendment – restricts quartering of troops in private homes

• The Fourth Amendment – protect against “unreasonable searches and seizures”• Probable cause, meaning that police must have a

reasonable basis to believe the person or premises is linked to a crime

• Search warrant or arrest warrant is required for a search or an arrest.

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• The Fifth Amendment – Assures the right not to be deprived of “life, liberty, or property without due process of law.” including protections against double jeopardy, self-incrimination, and government seizure of property without just compensation. • Eminent domain: gives the government

power to take private property for public use such as to build a highway, a dam, or a park. Must pay a fair price and use it in a way that benefits the public.

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• The Sixth Amendment – guarantees the right to a speedy trial and public trial by an impartial jury.• Change of venue, or new trial location, may be

requested• The right to know the charges in order to prepare

one’s defense

• The Seventh Amendment – assures the right to a jury trial in cases involving common law (the law established by previous court decisions).• The federal courts to settle all disputes about

property worth more than $20.00

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• The Eight Amendment – protects against excessive bail or cruel and unusual punishment.• Has been used to limit death penalty in some

circumstances

• The Ninth Amendment – provides that people’s rights are not restricted to those specified in Amendment 1-8• Other rights not spelled out in the Constitution are

“retained by the people.”

• The Tenth Amendment – restates the Constitution’s principles of federalism by providing that powers not granted to the national government nor prohibited to the states are reserved to the states and to the people

Critical Thinking

• The Bill of Rights was not part of the original Constitution. For what purpose were the first 10 amendments added to the Constitution?

Other Amendments

Amendments

Date Purpose

13 1865 Abolished slavery and authorized Congress to pass legislation implementing its abolition

14 1868 Granted citizenship to all person born or naturalized in the United States and banned states from denying person life, liberty or property without due process of law

15 1870 Extended voting rights to African American

16 1913 Empowered Congress to levy an income tax

19 1920 Extended the right to vote to women

24 1964 Forbade requiring the payment of a poll tax to vote in a federal election

26 1971 Extended the right to vote to 18-year olds

Class Assignment

• http://www.wikispaces.com• Amendments often reflect a change in

society or a need for change in the structure and power of government. Write a report that identifies the reasons and events that led the adoption of one of the 27 amendments. Present your findings to the class.