The Bill of Rights Chapter 6
What is the Bill of Rights and who wanted it anyway? A citizen’s list of rights The Anti-Federalists fought for it We probably would not have a Constitution today had the Framers not agreed to add the Bill of Rights to the amendments
Document Flashback The Bill of Rights drew from the: Magna Carta, English Bill of Rights, and State Constitutions
Events leading to the Bill of Rights June 1788- Constitution ratified by required 9 states June 1789-James Madison proposes a bill of rights August 1789- Congress begins preparing a debating a list of constitutional amendments Sept. 1789-Congress approves the amendments and proposes to the states December 1791-The first ten amendments, AKA, The Bill of Rights, ratified by the states
The Amendment Process Proposed by Congress by a 2/3 vote in both houses. Ratified by state legislatures of ¾ of the states. Ratified by conventions held in ¾ of the states. Proposed by Convention called by Congress on request of 2/3 of state legislatures. Ratified by state legislatures of ¾ of the states. Ratified by conventions held in ¾ of the states.
The Amendment Process All amendments we have today have been proposed by Congress It takes a long time to go through the process because broad support is needed The formal process occurs in Congress or a Convention
Protections of the Bill of Rights Protect citizens’ rights against actions by the national government Many Americans today take rights for granted Imagine being jailed for your religious beliefs! Imagine the government telling you what to watch and read! Basic Rights Protected Under Our Government: 1. Individual freedoms 2. Protections against government abuse of power 3. Rights of citizens accused of crimes
The First Amendment Freedom of religion Freedom of speech Freedom of the press Freedom of assembly Freedom of petition
What do the freedoms in the first amendment mean? Religion-you can practice the religion of your choosing or none at all Speech- you can speak and write freely; except slander or lies that damage another’s reputation, endangering lives Press- people may criticize the government without fearing arrest; limits include libel, printing lies about others, endangering lives Assembly- right to assemble or meet together Petition- ask the government for help
Protections Against Abuse and Power Second Amendment Protects the right to possess firearms Stems from the American Revolution Third Amendment The government may not require people to house soldiers during peacetime Stems from colonial period when still under English control.
Protections Against Abuse and Power Fourth Amendment Protects from unreasonable search and seizures Fifth Amendment Government must pay owners a fair price for their property under eminent domain
Protections of the Accused Fifth Amendment: No one may be deprived of life, liberty, or property without due process of law The Miranda Warning Accused rights explained Where did this come from? Miranda v. Arizona You may not be forced to be a witness against yourself (self-incrimination) Double Jeopardy protection
Protections of the Accused Sixth Amendment Right to a trial by jury in criminal cases Seventh Amendment Right to a trial by jury in most civil cases Eighth Amendment Prohibits excessive bail, fines, or punishments
Rights of the People and States Ninth Amendment Rights not mentioned in the Constitution belong to the people Tenth Amendment Declares that powers not given to the national government belong to the states or the people