Highlights: The Bill of Rights SS.7.C.2.4 Evaluate rights contained in the Bill of Rights and other amendments to the Constitution. Terri Susan Fine, Ph.D. Content Specialist, Florida Joint Center for Citizenship

The Bill of Rights (1791) The Bill of Rights was added to the U.S. Constitution in response to the Anti-Federalists’ concern that the U.S. Constitution did not enumerate individual rights and protections (see Benchmark 1.8). The Bill of Rights protects the rights of political expression (1st Amendment) and the rights of those accused of crimes (4th, 5th, 6th, 8th amendments). The Bill of Rights includes other rights that deal with matters other than expression or criminal procedure.

Expanding the Five First Amendment Freedoms Example Religious Exercise Wisconsin v. Yoder (1972): A Wisconsin law requiring that students attend school until age 16 violates the free exercise freedoms of the Amish. Speech Yates v. U.S. (1957): The First Amendment protects radical speech if it does not present a “clear and present danger”. Press New York Times v. Sullivan (1964): The First Amendment protects the publication of all statements, including false statements, about the conduct of public officials except when the statements are made knowing that they are false. Peaceable Assembly Cox v. Louisiana (1964): The First Amendment protects peaceable assembly even when the demonstration may incite violence (see Benchmark 3.6, civil disobedience). Petition the Government Brown v. Glines (1980): Military staff may be required to seek approval of military base commanders before sending petitions to members of Congress (see Benchmark 2.2).

Due Process Rights and Protections Included in the Bill of Rights Due Process Right/Protection Description Cruel and unusual punishment The death penalty, while constitutional, may not be used in a racially discriminatory manner, or in a way that causes severe pain. Double jeopardy A person may not be tried twice for the same crime. Pleading the fifth A person is not required to provide information while being questioned or while testifying if that information will self-incriminate. Right to counsel A person is entitled to legal counsel for representation in criminal cases even if that person cannot afford an attorney (see Benchmark 3.12). Search and seizure A person is protected from unreasonable search and seizure; probable cause must be established in order to search a person or their property. Trial by jury Criminal defendants are guaranteed a trial by jury of the defendant’s peers (see Benchmark 2.2) both as to findings of fact and as to the guilt of the defendant.

Other Rights Contained in the Constitution Description Eminent domain The right of the government to take property for public use. Equal protection under the law State statutes may not deny U.S. citizens their rights under the Bill of Rights or other amendments to the Constitution. Right to bear arms The right of the people to have their own arms, including guns, for their defense (see Benchmark 3.12). Suffrage The right to vote (see Benchmark 3.7). Unenumerated rights (Ninth Amendment) Rights not listed in the Bill of Rights are not forbidden just because they are not listed.