Our Constitution’s List of Important Rights & Freedoms The Bill of Rights Our Constitution’s List of Important Rights & Freedoms

What necessitated the Bill of Rights? Both at the Constitutional Convention and after, the Federalists and Anti-Federalists debated the size and scope of the government. The Bill of Rights was a compromise insisted upon by the Anti-Federalists to protect the citizens’ rights. The Federalists, led by James Madison, John Jay and Alexander Hamilton. The Anti-Federalists, led by Thomas Jefferson, Patrick Henry and Samuel Adams.

Federalist #84: Against the Bill of Rights This Federalist Paper, written by Hamilton, stated that: “I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power.” Hamilton, hottest of all of the Federalists.

1st Amendment Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly Freedom of Petition

2nd Amendment The Right to Bear Arms This raises a key question: did the forefathers intend that those in “organized militias” are the ones who own weapons?

No quartering of soldiers in citizens’ homes 3rd Amendment No quartering of soldiers in citizens’ homes 1. What makes this amendment somewhat outdated? 2. How could this situation change?

4th Amendment Search & Seizure Your private property (home, office, car, etc.) is protected from random searches by the government unless there is a warrant or reasonable suspicion.

5th Amendment There are five rights granted under this Amendment: Grand Juries—determine if enough evidence merits a trial. Self-incrimination—you do not have to answer questions about yourself Double Jeopardy—you cannot be tried twice for the same crime. Due Process—no person’s freedom can be taken away without lawful means. Eminent Domain—all property can be bought for fair market value and used for a public purpose.

6th Amendment There are five Criminal Court Procedures included in this Amendment: Right to speedy trial—trial within 30 days. Right to public trial—you won’t be locked away and put on trial without public knowledge. You can question witnesses who testify against you and have witnesses to help defend yourself. You have the right to an attorney. The jury is made of the public— ordinary citizens.

7th Amendment In civil cases, the Constitution states that you can have a jury if the amount of the lawsuit is for $20 or more.

8th Amendment The key issue surrounding this Amendment is capital punishment. This Amendment should protect citizens from cruel and unusual punishment. So…is the death penalty cruel & unusual?

9th Amendment Rights retained by the people: anything not listed in the Constitution (or not passed by Congress) is OK for the citizens to do.

10th Amendment Rights retained by the states: anything not listed in the Constitution (or not passed by Congress) is OK for the states to do.