Bill of Rights Chapter 10

I. Creating the Bill of Rights A.Ratification of Constitution – 1 st presidential election a)President – George Washington b)Vice President – John Adams 2.1 st Congress Meeting a)James Madison went through 100 proposed amendments b)Presented least controversial to Congress c)After much debate, Congress approved 12 B.Ratification by the States 1.¾ of states must ratify amendment to make it law – 9 states approved 10 amendments = Bill of Rights

II. First Amendment Rights A.Protection of Rights 1.When believed government has violated these rights, can be challenged in court 2.If reaches Supreme Court, justices decide how Constitution applies B.Right to Worship Freely 1.2 guarantees of religious freedom a)“Congress shall make no law respecting an establishment of religion” 1- separation between church and state b)“Congress shall make no law prohibiting the free exercise of religion” 1- people can believe whatever they want in regards to religion w/o fear of punishment 2- can’t do whatever they want in name of religious freedom

II. First Amendment Rights C.Right to Free Speech and Press 1.Freedom of the Press a)Allow for the free flow of ideas that citizens need to stay informed and make up their minds on important issues b)Responsibility in taking care not to spread false accusations or publish harmful info 2.Freedom of Speech a)Protects right to speak freely in public places b)Limits some kinds of speech (such as speech that endangers public safety) c)Also includes symbolic speech (actions people take to express opinion)

II. First Amendment Rights D.Right to Assemble and Petition 1.Right to Assembly a)Citizens can use public property for meetings and demonstrations b)Protects “peaceful” meetings, not the right to protest violently 2.Right to Petition a) To appeal to the government

III. Citizens Protections A.2 nd Amendment: Right to Bear Arms 1.2 possible meanings a)right of the people to own guns only if they are part of military b)right of individuals to own weapons for self-defense B.3 rd Amendment: Quartering Troops 1.right to refuse the request of opening homes to soldiers 2.Warning to government to respect privacy of people’s homes C.4 th Amendment: Search & Seizure 1.Protects people and their belongings from unreasonable searches and seizures a) Police must show good reason for allowing the action (warrant) 2.Guarantees the right to be left alone

IV. Legal Rights & Protections A.5 th Amendment: Legal Rights 1.Gives accused the right to a grand jury hearing 2.Protects citizens from “double jeopardy” (cannot be charged twice with same crime) 3.Prohibits self-incrimination (police cannot force people to say things that could be used against them) a)Miranda warning at arrest b)Applies to defendants in court (“taking the 5 th ”) 4.A person cannot be “deprived of life, liberty, or property, without due process of law” (follow clear rules) 5.Government cannot take someone’s private property for public use without “just compensation”

IV. Legal Rights & Protections B.6 th Amendment: Criminal Trial Rights 1.Right to a speedy and public trial 2.Right to be judged be a jury of peers 3.Prosecutors must tell accused the charge and time and place of supposed crime 4.Defendant has right to hear and question all witnesses who testify 5.A right to an attorney

IV. Legal Rights & Protections C.7 th Amendment: Civil Trial Rights 1.people in civil cases have right to jury trial 2.After jury decides facts, no judge can override D.8 th Amendment: Bail & Punishments 1.Forbids excessive bail 2.forbids excessive fines and cruel and unusual punishment a)punishments being proportionate to the crime b)The reason the death penalty is controversial

V. Other Rights & Powers E.Amendment 9: Rights Retained by the People 1. rights not listed are retained by the people F.Amendment 10: Powers Reserved to the States 1.Powers not given to the national government are reserved to the states 2.McCulloch v. Maryland (1816) a)states protested the 10 th amendment prohibited congress from creating a bank. 1 – Maryland placed tax on bank b)McCulloch refused to pay tax > Maryland took him to court c)Supreme Court sided with McCulloch – did not forbid federal bank, national power is supreme

First 10 Amendments 1Freedom of religion, speech, press, assembly and petition 2Right to bear arms 3Quartering troops in home 4Search and seizure 5Legal rights 6Criminal trial rights 7Civil trial rights 8Bail and punishment 9Rights retained by the people 10Powers reserved to the states BrainPOP