American government Unit 5

Lesson 27 pages 193-200 What are bills of rights and what kinds of rights does the U.S. bill of rights protect? Objective: Explain what bill of rights is and how they have evolved. Examine the Constitution and its amendments and identify which of the rights they contain are (1) held by individuals, classes, or categories of individuals, or institutions; (2) personal, economic, or political rights; and (3) positive or negative rights.

What are bills of rights and how have they evolved? Rights of the people vs. power of the government. Magna Carta, 1215: One example of effort to protect the people against the power of the government. English Bill of Rights: 1689- listing rights in relationship to the government Guaranteed free speech Debate in parliament No excessive bail No cruel or unusual punishment No standing army in peace time Rule of law as foundation of legitimate gov’t

What are bills of rights and how have they evolved? English Bill of Rights was enacted by Parliament, they can also repeal it. First state constitutions had bills of rights- binding all branches of gov’t and could not be changed easily. First state to do so- Virginia.

What are bills of rights and how have they evolved? Virginia Declaration of Rights- 1776 Purpose: form “the basics and foundation of gov’t.” First three sections explain the relationship between rights and government authority. Section 1: all men, by nature equally free and independent and have inherent rights when they enter into a state of society. Cannot deprive their posterity of the enjoyment of life, liberty or property. Section 2: all power vested in and derived from the People. Magistrates are their trustees and servants and at all times amenable to them.

What are bills of rights and how have they evolved? Section 3: Government is instituted for the common benefit, protection, and security of the people nation or community. The best form of gov’t- produced the greatest degree of happiness, safety, secure against administration. Government that in inadequate- right to reform, alter or abolish. Section 15: No free government or blessing of liberty can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, virtue and frequent recurrence to fundamental principles.

What are bills of rights and how have they evolved? Each state adopted a constitution after the DOI. All had a bill of rights Later a rally cry from Anti-Federalists to accept the Constitution. James Madison, as promises, introduced a bill of rights to the First Federal Congress Today, all states have bills of rights or declarations of rights- usually SC State Constitution

Who may hold rights? 1. individuals- humans autonomous and self-governing certain fundamental rights- freedom of thought and conscience, privacy and movement. (natural rights philosophy of the DOI) 2.classes or categories of individuals: children, mentally ill, disabled, veterans, professionals 3. institutions: school, gov’t institutions at local, state and national levels, union, universities, business partnerships, corporations.

What are common categories of rights? 1. personal rights: individual autonomy, free of thought and conscience, privacy, movement, life, liberty, property, pursuit of happiness– God given rights that everyone possesses from birth. Government must protect these rights. 2. Economic rights- choosing your work, getting and getting rid of property, contracts, copyrights, patents, labor unions, ownership. 3.Political rights- participation, vote, engage in political activities.

Do rights require government to act or refrain from acting? Positive rights: Requires government to act in specific ways. Receive certain services Protection from another country Public education Sometimes food, housing or medical care Speed and public trial Jury trial

Do rights require government to act or refrain from acting? Negative rights: Restricts government action 1st Amendment- “Congress shall make no law” Violates fundamental rights of : Religion Speech Press Assembly petition

What kinds of rights does the Bill of Rights protect? Positive & negative rights that we listed. 2nd Amendment- a well regulated Militia and right of the people to keep and bear arms. (institutional right v. individual right?) 3rd Amendment- Prevents quartering of soldiers in peace time. “A man’s home is his castle.”, but institutional right of government during war.

What are the meaning and importance of the 9th and 10th Amendments? 1st-8th Amendments- specific guarantees of rights. 9th Amendment- no enumerated- rights retained by the people. 10th Amendment- powers not delegated to the US are reserved to the states or the people.

What rights are protected in the body of the Constitution? Alexander Hamilton argued in Federalist 84 that the Constitution did in fact have a bill of rights! Provisions aimed at preventing the abuse suffered under British rule: Habeas corpus Jury trial- criminal offenses

How have attitudes about the Bill of Rights changed since 1791? How they felt back then… 1. Federalists criticized them. 2. Most though they were of little importance. 3. Lukewarm feelings. 4. Little effect on the average person.

How have attitudes about the Bill of Rights changed since 1791? 1833 Barron v. Baltimore ruled that the BOR only applied to the national government. Not the states. 14th Amendment- incorporated the BOR to the states.

How have attitudes about the Bill of Rights changed since 1791? 20th Century feelings: Recognized throughout the world as one of the most important single documents that expresses and delineates fundamental individual rights. Polls- high % know that the 1st 10 Amendments is the Bill of Rights. Know little of their meaning 69% knew the 1st Amendment protected free speech 24% knew the 1st Amendment protected religion 11% knew the 1st Amendment protected press 10% knew the 1st Amendment protected freedom of assembly 1% knew the 1st Amendment protected petition.

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