WHAT ARE BILLS OF RIGHTS AND WHAT KINDS OF RIGHTS DOES THE US BILL OF RIGHTS PROTECT? LESSON 27

LESSON OBJECTIVES When you complete this lesson you should be able to: Examine the Constitution and its amendments and identify which of the rights they are contain are: Held by individuals, classes or categories of individuals or institutions Personal Economic or political rights Positive or negative rights Identify possible conflicts among these rights Describe various interpretations of the 2nd, 3rd, 9th, 12th amendments Evaluate, take and defend positions about the kinds of rights protected by the US Constitution and Bill of Rights.

WHAT ARE BILLS OF RIGHTS AND HOW HAVE THEY EVOLVED? Struggle of people and groups and the power of the government to interfere with or violate those rights has been a central theme of societies for a long time. Magna Carta (1215) English Bill of Rights (1689) Rule of law – foundation of a legitimate government Free speech and debate in Parliament Petition of the Crown by subjects Prohibited keeping a standing army in times of peace People should be represented in legislative institutions Passed by Parliament as an ordinary piece of legislation

WHAT ARE BILLS OF RIGHTS AND HOW HAVE THEY EVOLVED? Struggle of people and groups and the power of the government to interfere with or violate those rights has been a central theme of societies for a long time. Magna Carta (1215) English Bill of Rights (1689) Rule of law – foundation of a legitimate government Free speech and debate in Parliament Petition of the Crown by subjects Prohibited keeping a standing army in times of peace People should be represented in legislative institutions

Virginia Declaration of rights SECTION 1: That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; mainly, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. SECTION 2: That all power is vested in, and consequently derived from, the People; that magistrates are their trustees and servants, and at all times amenable to them. SECTION 3: Government ought to be instituted for the common benefit, protection and security of the people. Remaining sections address governmental organization and the rights that should be free from government. Other states adopted constitutions with bills of rights, except New York, which embedded theirs into the constitution.

Examining bills of rights Clarification questions: Who holds the right? Is it individuals, classes, categories of individuals or institutions? What kind of right is it – personal, economic or political? Does it require the government to act or refrain from acting?

WHO MAY HOLD RIGHTS: INDIVIDUALS: Reflects the ideas that humans should be considered autonomous and self-governing. Fundamentals of freedom of thought, conscience privacy and movement. Natural rights philosophy All men are created equal CLASSES OR CATEGORIES Children Veterans Disabled Professionals: doctors, attorneys, teachers, contractors, airplane pilots INSTITUTIONS: Schools, governmental institutions, unions, universities, business partnerships and corporations.

COMMON CATEGORIES OF RIGHTS: PERSONAL RIGHTS: Rights for individual autonomy Freedom of thought, conscience, privacy and movement Intellectual property Autonomous self-governing Given by a higher power Possess rights at birth ECONOMIC RIGHTS Right to choose profession Acquiring and disposing of property Entering into contracts Professionals: doctors, attorneys, teachers, contractors, airplane pilots POLITICAL RIGHTS: Rights of individuals that address political participation and can be created and protected by statues, national or state constitutions or both Right to vote Engage in political activities

Do rights require government to refrain from acting Positive Rights: Require the government to act in a specified way Individuals to receive services Protection of persons and property from criminal acts Protection from aggression of other nations Public school, food, housing, medical care Speedy and public trial Right to a jury trial

Do rights require government to refrain from acting Negative Rights: Restrict government action “Congress shall make no law…” 1st Amendment Press Assembly Speech Petition Religion

What kind of rights does the bill of rights protect? Specific guarantees to individual rights 2nd amendment US v. Miller – Court leaned toward the institutional view Case by case approach 3rd amendment Man’s home is his castle During times of war – set aside

Rights protected in the body of the constitution Hamilton No. 84 Constitution is a Bill of Rights Each section is designed to prevent abuse of power 10th Amendment States the nature of American Federalism – adds nothing to the Constitution Protects the rights of the states against the national government.

Attitudes about the bill of rights James Madison was criticized for pushing the Bill of Rights through Congress Madison considered it a “nauseous project” Upset Anti-Federalists—hoped to rewrite the Constitution Lukewarm reception by average person Thought it had little effect on their life Barron v. Baltimore (1833) –Bill of Rights applied only to the national government. 14th Amendment and many Supreme Court decisions incorporate most of the provisions of the Bill of Rights as limits on states as well as the national government.

Fun Facts Recent poll show: Most Americans knew 1-10 were Bill of Rights Most knew little or nothing about the meaning, history and application of key concepts in the Bill of Rights Recent Poll show that 69% of respondents knew that the 1st Amendment protects freedom of speech. 24% knew that it protects freedom exercise of religion 11% -- freedom of the press 10% -- freedom of assembly 1% -- right to petition the government for redress of grievances More than half believed that the 1st Amendment guarantees the right to trial by jury and the right to vote.