St. 6a Chapter 3, Section 4; Chapter 13, All Sections The Bill of Rights St. 6a Chapter 3, Section 4; Chapter 13, All Sections

A History of the U.S. Bill of Rights The Declaration of Independence, 1776 States that all men have unalienable rights of life, liberty, & property. All governments exist to protect these rights. Governments can be removed if they fail to protect these rights. The Articles of Confederation, 1783-1785 Placed many restrictions on the Federal government Did not provide specific protections for individuals or liberties.

A History of the U.S. Bill of Rights The Constitution Formulated during the summer of 1787 Formulated over the concern that the Articles of Confederation were to weak. Preamble of the Constitution List of Purposes of government One of the purposes is to “secure the blessings of liberty.” Article I & III of the Constitution also guarantee key rights. Federalists vs. Anti-Federalists Two factions develop, one for the Constitution, one against.

A History of the U.S. Bill of Rights The Federalists Supported the Constitution Key figures included Alexander Hamilton, John Adams, & James Madison. This faction did not believe a Bill of Rights was necessary to the Constitution; they believed Articles I & III of the Constitution provided enough key rights. The Federalist Papers Series of Essays published in newspapers from September 1787, to December 1787. Written by Alexander Hamilton, James Madison, & John Jay. Written to explain why, & how the Constitution was better than the Articles of Confederation, & how the document was better

A History of the U.S. Bill of Rights The Anti-Federalists Did not support the Constitution as written. Key figures included Thomas Jefferson, author of the Declaration of Independence This faction did believe a Bill of Rights was necessary to provide basic protections to individuals & liberties. Jefferson & other Anti- Federalists used their influence to ensure debate raged in state legislatures over ratifying the Constitution.

The History of the Bill of Rights Ratification of the Constitution September 13, 1788 the Constitution was ratified despite concerns of Anti- Federalist The Importance of James Madison Known as the author of the Constitution because of the notes he took during the proceedings in 1787 Author of essays in the Federalist papers Fearing Anti-Federalists would call for a 2nd Constitutional Convention, Madison proposed 20 amendments to the Constitution during the 1st session of Congress The Senate condensed them into 11, & 10 of them were all ratified by 1791, making them the Bill of Rights. Madison’s 11th Amendment, forbidding members of Congress from raising their own pay during the term, was finally ratified in 1992, when Michigan became the 38th state to ratify it.

The History of the Bill of Rights The first 10 amendments to the U.S. Constitution Created by James Madison Madison known as the father of the Bill of Rights, as well of the Constitution Ratified by the states in 1791 Article V of the U.S. Constitution Article of the U.S. Constitution that explains the amendment process. Article V explains how the Constitution can be amended (changed) to meet the needs of the nation in the future.

First Amendment Freedom #1 Freedom of Religion Protects the right of Americans to worship as they please Protects the right of Americans to have no religion.

First Amendment Freedom #2 Freedom of Speech The government cannot prevent individuals from freely expressing their opinions. Citizens have the right to criticize government officials and decisions. Citizens are allowed to spread unpopular ideas.

First Amendment Freedom #3 Freedom of Press Protects the circulation of ideas in newspapers, books, magazines, radio, television, movies, and the internet. The U.S. press is not subject to prior restraint. Prior Restraint: Government censorship of information before it is published or broadcast.

First Amendment Freedom #4 Freedom of Assembly Protects the right of people to gather or assemble in groups & hold demonstrations. People may pass out pamphlets, hold meetings, & do other things that peaceably advertise their beliefs.

First Amendment Freedom #5 Freedom to Petition the Government The right to criticize government officials and their actions. The right to sign a petition in support of an idea. The right to present those petitions to government officials, and send letters to government officials.

The Bill of Rights: The 2nd Amendment The Right to bear arms Why The American Revolution Between 1775 & 1783, the American colonists were at war with their British masters. Guns were an essential part of defeating what was seen then as a tyrannical government, the British Relevance Today Guns today are still seen as the best deterrent to an abusive government.

The Bill of Rights: The 3rd Amendment Protection from Quartering troops The U.S. government cannot require citizens to house troops. Why is it included? The Quartering Act of 1774 Part of the Intolerable Acts, which were the British response to the Boston Tea Party It required American colonists to house British soldiers. Relevance Today

The Bill of Rights: The 4th Amendment Protection from unreasonable searches & seizures Requires authorities to have a specific reason to search a premises or to seize evidence or people. A search must be based on probable cause. Probable Cause: Police must have a reasonable basis to believe the person or premises is linked to a crime. Finally, the police must have a search or arrest warrant signed by a judge. Warrant: Order signed by a judge describing a specific place to be searched for specific items, or naming the individual to be arrested for a specific crime.

The Bill of Rights: The 5th Amendment Rights of Accused Persons 4 Important protections for people accused of crimes No one can be tried for a serious crime unless a grand jury has decided there is enough evidence to justify a trial. A person who is found innocent of a crime may not be tried again for the same crime. This is called double jeopardy. No one may be forced to testify against themselves. Fourth, states that the government may not deprive any person of life, liberty, or property without due process of law. Due Process of Law: Government must follow proper constitutional procedures in trials and in other actions it takes against individuals.

The Bill of Rights: The 6th Amendment Criminal Proceedings A person accused of a crime has the right to be tried in court without undue delay & by an impartial jury. The defendant must be informed of the charge upon which he is to be tried. The defendant has the right to cross examine witnesses The defendant may require the testimony of favorable witnesses. Defendant has the right to be represented by an attorney at every stage in the criminal process.

The Bill of Rights: The 7th Amendment Civil Trails The right to a jury trial in federal courts to settle disputes about property worth more than $20. When both parties in a conflict agree, a judge rather than a jury may hear evidence and settle the case.

The Bill of Rights: The 8th Amendment Punishment for Crimes No excessive bail Bail: The sum of money a person accused of a crime may be required to deposit No excessive fines No cruel & unusual punishment

The Bill of Rights: The 9th Amendment Powers Reserved to the People All rights not spelled out in the Constitution are retained by the people. Prevents government from claiming that the only rights people have are those listed in the Bill of Rights.

The Bill of Rights: The 10th Amendment Powers Reserved to the States Powers not delegated to the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Importance Just because the constitution doesn’t say a power exists, does not mean that it does not.