Chapter 10: Bill of Rights Pgs. 131 - 141

Creation of the Bill of Rights 1789 – George Washington became first president (John Hancock lost) John Adams was VP People entitled to make amendments against government James Madison – in charge of amendment process ¾’s of the states must ratify an amendment for it to become law

Creation Continued James Madison reminded the congress about the bill of rights Didn’t want it as apart of the constitution Thomas Jefferson said the people are entitled to this for protection from the government Madison picked through over 100 amendments and waited until 12 were picked by congress

Creation Continued The states rejected the first two amendments By 1791 (nine) states approved the remaining ten amendments

First Amendment Freedom of religion, speech, of the press, to assemble, and the right to petition the government. Basic freedoms, most important If rights are violated, challenge in court If the course reaches the supreme court, the justices will decide on if the ruling is constitutional

Right to Worship Freely (1st Am.) Government cannot make any faith the official religion of the US Lemon v. Kurtzman – public tax money paid for books and teachers in private school, unconstitutional because close connection b/w government and religion Can believe or not believe in religion without fear of punishment within reason Cannot Do whatever you want in name of religion

Right to Free Speech and Press (1st Am.) Freedom of expression Best protection against abuse of government power Speech not unlimited, speech cannot endanger public safety Texas v. Johnson – Texas man burned American flag in protest, Supreme court overturned decision because cannot ban expression because someone disagrees

Right to Assemble and Petition (1st Am.) Can use public property for meetings and demonstrations (peaceful) Gregory v. Chicago – comedian protest to mayor’s home, residents became out of hand, asked marchers to leave, didn’t and were arrested No conviction, marchers were peaceful

Questions Who was the first president? Who was his vice president? How many states are needed to ratify an amendment to become law? What are the first amendments called? What is the first amendment? What happened in the following cases: Texas v. Johnson? Lemon v. Kurtzman? Gregory v. Chicago?

2nd Am. : Right to bear arms Americans relied on volunteer state militias to protect their new nation after British troops left Much debated amendment Some argue you only have the right if apart of the militia Others argues people can own guns for their own self-defense

3RD Am. Quartering Troops in Homes Before the revolution British troops forced themselves into American’s homes Now people can refuse This is a reminder to the government to respect the privacy of people’s homes

4th Am. Search and Seizures Protects people from “unreasonable” searches and seizures Seizure= forcibly taking control of a person or property Before a search the police must have reason and a warrant This helps guarantee “right to be left alone”

5th Am. Legal rights Longest of the amendments List 5 rights of citizens in the justice system 1)people accused of serious crimes have a right to a grand jury hearing Jury decides if there should be a trial 2)protects citizens from double jeopardy Not guilty first time, not tried again

5th Am. Legal Rights 3) Prohibits self-incrimination Cant be forced to say things about yourself that are bad Police use Miranda rights Also applies to defendants testifying in court Refusal is called “taking the fifth”

5th Am. Legal Rights 4) Cannot be deprived of life, liberty, or property without due process of law Presumed innocent until proven guilty 5) cannot take private property for public use without just compensation Pay a fair price

6th Am. Criminal Trial Rights Right to a speedy and public trial By an impartial jury Defendant has a right to hear and question all witnesses who testify Has a right to an attorney – even if you cant afford one

7th Am. Civil Trial Rights Pertain to disputes between people or businesses All people involved have a right to a jury trial Once a jury decides no judge can overrule

8th Am. Bail and Punishments Protects rights before and after a trial Judges cant require excessive bail Money or property given to the court to make sure the person shows up at trial If you cannot pay you stay in jail If convicted- protected from excessive fines and cruel punishment Term length relates with the crime committed/cant take away food Death Penalty?

9th Am. Rights retained by the People Not all rights could be listed in the constitution or Bill of Rights To fix this some rights are “retained” by the people Ex. Right to privacy

10th Am. Powers Reserved to the States Protect states from excessive federal powers Tested in McCulloch v. Maryland (1816) Congress chartered a national bank. States said congress cant make a bank. Maryland levied taxes on the bank. Said it was an act against federal govt. Determined national won over state in dispute