The Bill of Rights Wayne Davidson M The Bill of Rights Wayne Davidson M. Ed Da Vinci School for Science and the Arts

Enquiry Question: Why was the Bill of Rights added to the Constitution?

Learning Outcomes To understand the reasons why and how the Bill of Rights was added to the Constitution. To explain the rights and restrictions that are defined by the first five amendments of the Bill of Rights in the United States Constitution To analyze the extent to which there is debate over the nature of the rights contained in the Bill of Rights

Do you mean that the Bill of Rights was not originally in the US Constitution? Why not? Watch the video clip!

Why was the Bill of Rights added? On September 17, 1787, in the city of Philadelphia, 39 of the 55 delegates to the Constitutional Convention signed the newly negotiated United States Constitution. Many of those who did not sign refused to do so because the document did not include a “Bill of Rights” that would both secure basic civil rights for its citizens and define the limits of the federal government’s power - Debates raged over this lack of a Bill of Rights. In the solution known as the Massachusetts Compromise, 4 states agreed to ratify the document if their recommendations would be sent to Congress for consideration. Subsequently, Congress approved twelve of those amendments to the Constitution in 1789. Ten of these were ratified by the states and became the Bill of Rights.

Why was the Bill of Rights added? When the Constitution was signed in 1787, it was missing a Bill of Rights. But many people in the ratifying conventions that followed believed that the Constitution needed a section that preserved fundamental human rights. James Madison set out to write this section. Madison introduced his ideas at the First United States Congress in 1789, and, on December 15, 1791, the Bill of Rights was ratified by three-fourths of the states. More than 300 years later, the Bill of Rights still protects many of the rights that Americans hold most dear, including freedom of speech and of the press, the right to bear arms, and protection from unreasonable search and seizure.

What is the purpose of the Bill of Rights, set out in the preamble? Why was this important to the Founding Fathers?

Learning Outcomes To understand the reasons why and how the Bill of Rights was added to the Constitution To explain the rights and restrictions that are defined by the first five amendments of the Bill of Rights in the United States Constitution. To analyze the extent to which there is debate over the nature of the rights contained in the Bill of Rights

Analysing Constitutional Documents YOUR TASK: In order to accomplish this the you are going to do a careful reading as you analyse the text and then restate the various parts of the amendment so it makes sense to you. Study the exact language of the amendments in order to understand not only the intent of the Founding Fathers, but also the way that these words could have been since been interpreted. Complete the Bill of Rights Foldable

Simplified Bill of Rights 1 Freedom of religion, speech, press, assembly, and petition. 2 Right to keep and bear arms. 3 No quartering of soldiers. 4 Freedom from unreasonable searches and seizures. 5 Right to due process of law, freedom from self-incrimination, double jeopardy. 6 Rights of accused persons, e.g., right to a speedy and public trial. 7 Right of trial by jury in civil cases. 8 Freedom from excessive bail, cruel and unusual punishments. 9 Other rights of the people(natural law not specifically mentioned in the Constitution (eg. Privacy, travel, etc.)  10 Powers reserved to the states.(Anything not enumerated in the U.S. Constitution)

Learning Outcomes To understand the reasons why and how the Bill of Rights was added to the Constitution. To explain the rights and restrictions that are defined by the first five amendments of the Bill of Rights in the United States Constitution To analyze the extent to which there is debate over the nature of the rights contained in the Bill of Rights

CASE STUDY: What rights does the 1ST Amendment protect? “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.” Adil In theory all of these rights are absolute but how does the 1st amendment work in practice?

1st Amendment: Protection of free speech Protects ALL Free Speech Except: Inciting Violence Supporting Terrorism Public Employee Speech Defamation Intellectual Property True Threats Crash Course: Free Speech

Chaplinsky v. State of New Hampshire (1942) Thinking Point Should ALL speech be protected? Chaplinsky v. State of New Hampshire (1942) “There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any constitutional problem. These include the lewd and obscene, the profane, the libellous, and the insulting or 'fighting' words—those which by their very utterance inflict injury or tend to incite an immediate breach of the peace. It has been well observed that such utterances are no essential part of any exposition of ideas, and are of such slight social value as a step to truth that any benefit that may be derived from them is clearly outweighed by the social interest in order and morality.” “God-damned racketeer and god damned fascist”

CASE STUDY Should ALL speech be protected? Dove World Outreach Center Quran-burning Controversy

How has the Supreme Court protected freedom of speech? “Religious beliefs need not be acceptable, logical, consistent or comprehensible to others in order to merit First Amendment protection” (Supreme Court Justice Anthony Kennedy) Can a similar argument be made for free speech? YOUR TASK: For each case, identify the specific 1st amendment right that is/is not being protected. Are there any cases you feel the protection of freedom of speech does not go far enough? Are there any cases you feel the protection of freedom of speech goes too far?

Learning Outcomes To understand the reasons why and how the Bill of Rights was added to the Constitution To explain the rights and restrictions that are defined by the first five amendments of the Bill of Rights in the United States Constitution To analyse the extent to which there is debate over the nature of the rights contained in the Bill of Rights

Bill of Rights Quiz!