Chapter 6 Section 2: The Bill of Rights

“Adding the Bill of Rights” “Protections in the Bill of Rights” “Interpreting the Bill of Rights”

“Adding the Bill of Rights” Section Outline: The Amendment Process The Debate in Congress Main Idea: After some debate, the Bill of Rights was added to the Constitution to protect Americans’ individual rights and freedoms. Key Terms: Bill of Rights Amendment Process Convention

First Principles for the 1st Amendment 1.) The 1st Amendment affirms the freedom of the individual. 2.) Free expression is the foundation of democracy. 3.) The 1st tells the govt. to keep its “hands off” our religion, ideas, and our ability to express ourselves. 4.) Other people have rights too. 5.) When rights collide, government must balance them. 6.) The 1st Amendment helps us make choices.

Protections of Individual Freedoms The 1st Amendment 1.Freedom of Religion Separation of Church and State: Government may not favor any religion or establish an official religion. 2.Freedom of Speech 3.Freedom of the Press 4.Freedom of Assembly Right to meet together or gather 5.Freedom of Petition Right to ask government to make or change a law or solve a problem.

Limits on the 1st Amendment slander- if someone lies about another person to harm that persons reputation. libel – printing lies about others.

Other Limits on Free Speech 1.) Clear and Present Danger 2.) Fighting Words 3.) Obscenity 4.) Conflict with Other Governmental Issues. 5.) Time, place, and Manner. 1.) Clear and Present Danger – The 1st Amendment does not protect against statements that are uttered to provoke violence or incite illegal action. 2.) Fight Words – Something said face-to-face that would incite immediate violence. Chaplinsky v. New Hampshire 3.) is the work taken as a whole lack serious literary, artistic, political, or scientific value? 4.) Conflict with Governmental Issues – Ex. There may be reasons to restrict 1st Amendment rights because of conflicts with national security. 5.) Time, Place, and Manner – Is it an appropriate time for this speech.expression.

Examples in History Espionage Act 1917 (WWI)- allowed postal office to ban treasonable or seditious newspapers, magazines of printed materials from the mail. - Anyone obstructing army recruiters, aiding the enemy or interfering with the war effort – $10,000 fine and 20 years of prison

Examples in History Sedition Act 1918 (WWI) – disloyal, profane, or abusive language about the govt. or war effort. Eugene V. Debs – sentenced to 10 years for a mildly antiwar speech.

- well regulated Militia. - right to bear arms. The 2nd Amendment - well regulated Militia. - right to bear arms. - most gun restrictions are made by states. The 3rd Amendment Protection from the housing of Soldiers Offers general guarantees for the privacy and sanctity of peoples homes. The 4th Amendment Protection from unreasonable search and seizures Must have a warrant –approval from a judge. Police may search if evidence is in plain view or they have reasonable cause. 1. ) Car 2. ) School 3.) Airport

The 5th Amendment 1.) Self incrimination – not required to say anything that might imply their own guilt. ex. “I plead the 5th” 2.) Citizens are protected from Double Jeopardy; being placed on trial twice for the same crime. 3.) Eminent Domain: the right for government to take private property; must be fair price. 4.) Citizens are guaranteed Due Process of Law (Miranda rights); government must treat accused persons fairly according to the law however owner has the right to a fair price for his or her property.

Protections of the Accused The 6th Amendment Citizens are guaranteed the right to a trial by jury in criminal cases. Trials must: 1.) happen quickly 2.) publicly 3.) with an impartial jury. 4.) Right to have a lawyer & to see the evidence being used.

The 7th Amendment The 8th Amendment Citizens are guaranteed the right to a trial by jury in most civil cases. The 8th Amendment Prohibits excessive bail, fines, and punishments. No “cruel and unusual” punishment Capital punishment death penalty is not included.

Protections of Other Rights The 9th Amendment Rights not mentioned in the Constitution belong to the people. Citizen Rights are not limited to the ones mentioned in the Constitution. The 10th Amendment Declares that powers not given to the national government belong to the states or to the people.