The Bill of Rights

World History9.1.15

Revi

ewWhy did the Antifederalists insist that a bill of rights be added to the Constitution?

Because they supported the Enlightenment ideas of: individual rights and limited government.

Why did Alexander Hamilton oppose a bill of rights?

(SKIP THIS QUESTION)

Revi

ew• What is a bill of rights?

A document listing the rights of citizens.

• What is the Bill of Rights?

The first 10 Amendments to the Bill of Rights

The

Bill

of R

ight

s• The Bill of Rights has 10 amendments and

they are equally important in our lives – but because our time together is short, we will focus on the first five today..

Firs

t Am

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ent

“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.”

Firs

t Am

endm

ent

The First Amendment established the: • freedom of religion

– The government cannot prevent you from practicing any religion you wish.

• freedom of speech– We are able to speak freely without censorship. Exceptions

include obscenity, harassment, lying under oath.

• freedom of the press– Reporters are able to report the news without fear of

punishment.

• freedom of assembly– People are able to gather in groups or protests – unless they

become dangerous.

• freedom to petition the government– Citizens can complain to the government without fear of arrest.

Seco

nd A

men

dmen

t“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.”

Seco

nd A

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dmen

tThe Second Amendment:• protects citizens’ right to bear arms.– This right was included in order to ensure a strong

defense for the U.S. • At the time, the country did not have a strong

national army.

• The United States now has a strong army and does not need militias to defend its borders.

So, does America still need the Second Amendment? Discuss!

Third

Am

endm

ent

“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.”

Third

Am

endm

ent

The Third Amendment: • Protected citizens from the quartering of

troops.

Why did Congress include this freedom in the Bill of Rights?

__________________________________________

Four

th A

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dmen

t“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.”

Four

th A

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dmen

tThe Fourth Amendment:

• Protects citizens from illegal search and seizure

• This was included because the British had used the Writs of Assistance to search colonists’ homes without a warrant.

Fift

h Am

endm

ent

“No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Fift

h Am

endm

ent

The Fifth Amendment established the following rights:

• Due process – the government must respect all of your rights and treat you equally under the law

• “Double jeopardy” – no one can be tried for the same crime a second time if found “not guilty”

• Freedom from “self-incrimination” – you cannot be forced to testify against yourself in court.

This is what people mean when they “plead the fifth.”

• Eminent domain – The government cannot take anyone’s property without some payment.

Revi

ew Q

uesti

ons

1. What are the five freedoms protected by the First Amendment?

2. What right is protected by the Second Amendment?

3. Why did the writers of the Bill of Rights include protection from quartering of soldiers?

4. What rights are protected by the Fifth Amendment?

Revi

ew fr

om Y

este

rday

…• The Bill of Rights guaranteed certain

individual rights to the American citizens.– Individual rights are those rights or

privileges that belong to the people of any country. They cannot be taken away.

• The five freedoms in the First Amendment are an example of individual rights.– Freedoms of speech, the press, religion, assembly, and

petition.

• These rights are guaranteed to the people and cannot be taken away.

Sixt

h Am

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ent

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”

Sixt

h Am

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ent

The Sixth Amendment established the rights of the accused “innocent until proven guilty”

• Right to a jury trial – The accused can request a trial by jury instead of

a judge.• “Confrontation clause”– The accused have the right to see the accuser

face-to-face in court.• Right to counsel– “You have the right to an attorney. If you cannot

afford one, the government will appoint one for you.”

Seve

nth

Amen

dmen

t“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.”

Seve

nth

Amen

dmen

tThe Seventh Amendment:

• Established the right to a civil trial by jury– People suing for money are civil cases.

Eigh

th A

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t“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Eigh

th A

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tThe Eighth Amendment:

• Doesn’t allow judges to set bail at an unusually high level – the punishment has to fit the crime.– The judge cannot set bail at $5 million if you were

charged with stealing a $2 toothbrush at Wal-Mart.

• protects citizens from “cruel and unusual punishment”– Not everyone agrees on what is “cruel and

unusual.”

Discuss: Is the death penalty “cruel and unusual punishment?”

Nin

th A

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dmen

t“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Nin

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tThe Ninth Amendment allowed for the protection of rights not specifically listed in the Constitution

– The rights of Americans are not limited to the ones written in the Bill of Rights.• This eased the Federalists’ (and Hamilton’s) fears

about the danger of a bill of rights under future leaders.

Tent

h Am

endm

ent

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Tent

h Am

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ent

The Tenth Amendment reserved the remaining powers to the states.

THIS IS CALLED THE RESERVE CLAUSE.

– If any power is not assigned to the federal government in the Constitution, it goes to the state governments.

– This was for people who feared that the federal government would try to increase its power.

REVI

EW Q

UES

TIO

NS

1. What are the “rights of the accused?”

2. What is “double jeopardy?”

3. What is the “confrontation clause?”

4. Which amendment includes the “reserve clause?”

5. What is the “reserve clause?”