ADDING THE BILL OF RIGHTS Madison's Copy of the Proposed "Bill of Rights" [Proposed Articles of Amendment] New York: Thomas Greenleaf [September 14, 1789] Rare Book & Special Collections Division

The Amendment Process Must be approved at national and state level Can be proposed in two (2) ways Congress can propose (need 2/3 approval in both Houses) all 27 amendments proposed this way proposed by national convention called by 2/3 of states legislatures

The Amendment Process Amendments can be ratified in 2 ways Approval by ¾ of states Approval by special convention in ¾ of states Takes a long time!

The Debate in Congress Bill of Rights – debate began in Congress Federalists vs. Anti-federalists James Madison proposed a Bill of Rights – Americans wanted a guarantee of freedoms. Drew upon the Magna Carta, John Locke, & English Bill of Rights Voted to attach it to the end of the Constitution Portrait of James Madison. Philada. (Philadelphia) : W.H. Morgan, [between 1809 and 1817] Prints & Photographs Division. Reproduction Number: LC-USZ62-16960 (b&w film copy neg.)

The Proposal and Ratification 10 protected citizen’s rights (additional 2 didn’t make it past states) Approved by Congress & proposed to states in 1789 On December 15, 1791 the Bill of Rights was ratified by the states The Philadelphia State House, in an engraving from 1778

PROTECTIONS IN THE BILL OF RIGHTS

Protection of Individual Freedoms Freedom of Religion – worship (or not) how you choose Separation of church and state – government may not favor any religion or establish an official religion.

Protection of Individual Freedoms Freedom of Speech Exceptions to the Rule slander – telling lies that damage a reputation, knowingly and willingly libel – Freedom of the Press Many countries still control media (Russia, China) Many cases in our history where government has censored media. Late 1910s – early 1920s

Protection of Individual Freedoms Freedom of Assembly Can meet, demonstrate peacefully Freedom of Petition – asking to change a law Civil Rights March on Washington, D.C., 1963 Photo courtesy National Archives

Protections against the Abuse of Power Gun ownership: 2nd Amendment The Housing of Soldiers: 3rd Amendment Unreasonable Search and Seizures: 4th Amendment (need a warrant)

Protections against the Abuse of Power Protecting Property Rights: 5th Amendment Eminent domain – government has the power to take private property for public use, BUT the government must pay owners fair market value for the property

Protections of the Accused due process – process by which the government must treat accused persons fairly according to the rules established by law. Fifth Amendment: “No one may be forced to be a witness against himself” Miranda rights “I plead the 5th” Double jeopardy – cannot be tried twice for the same crime

Protections of the Accused Sixth Amendment: speedy, public, and fair trial (in any case involving a crime) What are accusations Cannot be held indefinitely without charges Right to Trial by Jury (of Peers) where conflicts over property or money is over $20. Clarence Earl Gideon, a 50 year-old drifter, was charged with breaking and entering the poolroom, stealing bottles of wine, beer, soda,  and change from a cigarette machine and a juke box.

Protections of the Accused Eighth Amendment: Bails, Fines, and Punishments Bail: a monetary pledge that the person will appear at trial cannot be unfairly high no cruel or unusual punishment some states consider death penalty cruel (Michigan)

Protections of Other Rights Ninth Amendment: Citizens’ rights not limited to those in Bill of Rights Tenth Amendment: Powers that are not Congress’ are the states’ and the peoples.

INTERPRETING THE BILL OF RIGHTS

The Role of the Courts Interpreting law at all levels (local, state, federal, ect.) Value of Case Studies The Tinker Case: Students and Free Speech The Case 12/16/1965 – Mary Beth Tinker & Christopher Eckhardt wear armbands to school protesting Vietnam War School suspended them – disrupted discipline What is meant by “speech”? Do students have same rights under Constitution?

The Tinker Case The Decision Local and state courts ruled in favor of school Went to Supreme Court armbands are a form of speech students do have basic rights of free speech did not interfere with education Mary Beth Tinker

The Skokie Case: Freedom For Nazis? The Case The Decision Skokie CBS movie

In Conclusion… Crash Course