Chapter 6 The Bill of Rights

Sec 1 Adding the Bill of Rights The Bill of Rights were a compromise between the Federalists and the Anti-Federalists

What is the Bill of Rights? They list the rights of the people that cannot be taken away by the federal government The amendments had to be approved by a 2/3’s vote of both houses of Congress and by a ¾’s vote of the state legislatures

Amendment Process

Amendment Process (Option 1) Amendment is proposed by 2/3 vote in both houses of Congress Amendment is ratified by ¾ of the state legislatures or ratified by ¾ of states holding a special state constitutional convention

Amendment Process (Option 2) Amendment is proposed at a national convention called by 2/3 of the state legislatures Amendment is ratified by ¾ of the state legislatures or ¾ of the states in state conventions

Bill of Rights Debate James Madison urged Congress to: “make the Constitution better in the opinion of those who are opposed to it without weakening its frame….in the judgment of those who are attached to it.” Two months later after the Bill of Rights were drawn up Madison wanted them added into the articles, those that opposed wanted them at the end of the Constitution . Those that were opposed did not want to give them the same importance as the original Constitution.

Proposal and Ratification 12 Amendments were proposed but only 10 passed Those two that failed involved enlarging the House of Representatives and limiting when Congress could raise their salaries By December 15th, 1791 the states had ratified the 10 amendments and they became a part of the Constitution

There are 27 amendments to the Constitution of the US The Bill of Rights, the first 10 amendments to the Constitution were ratified by all states by 1791

Amendment I Deals with people's individual rights g.r.a.s.p.p. guarantees religion, assembly, speech, petition, and press Established the separation of church and state The establishment clause Congress cannot make an official religion

Free speech is limited by libel writing false materials that harm someone’s reputation and slander- speaking falsehoods that harm someone’s reputation Government cannot censor the press and cannot ban printed materials or films because they are alarming or offensive

Assembly You have the right to assemble peacefully Petition- you have the right to express your grievances to the government

Amendment II- you have the right to bear arms

Amendment III- the government may not require citizens to quarter soldiers during peacetime- amendment derived from revolutionary times

The Rights of the Accused Amendment IV- no unreasonable searches and seizure- officials must have a search warrant- derives from revolutionary times when the writs of assistance was used

Amendment V Due process- legal procedures must be followed Eminent domain- the government must pay for any land that it must seize in order for the betterment of the majority of citizens Protects against self-incrimination- you have the right to remain silent

Amendment V (cont’d) You have the right to be told your rights (Miranda v. Arizona- Miranda rights) Protects against double jeopardy- you cannot be charged for the same crime twice You must be indicted by a grand jury- a sort of pre-trial- a grand jury has to make sure there is enough evidence before you are put on a real trial

Amendment VI Citizens have a right to a trial by a jury of their peers which must be impartial The trial must be fair and speedy You have the right to a lawyer that will be provided to you if you cannot afford one Gideon v. Wainwright

Amendment VI (cont’d) You must be told the nature of the charges against you You have a right to hear and question anyone testifying against you

Amendment VII- you have a right to a trial by jury in civil cases- if over $20

Amendment VIII- unreasonable punishments and fines are prohibited your time has to fit the crime Your bail cannot be too high

Amendment IX- people have other rights not mentioned in the Constitution, including the right of privacy

Amendment X- any rights not given in the Constitution to the national government belong to the people or the states The 10th Amendment addresses both popular sovereignty (the will of the people) and federalism( power divided between the states and the federal government) The people and the states have rights!

Affirmative Action Steps and programs put in place to counteract the effects of past racial discrimination specifically against women and African- Americans

Review! What is the purpose of the Bill of Rights? Why are they important? How does the Bill of Rights show that the Constitution is a “living document”? Which right of the Bill of Rights do you think is most important? How does the Bill of Rights extend the Constitution.