The Bill of Rights The first 10 amendments To the U. S. Constitution James Madison drafted 12 amendments at the first federal Congress in 1789 as part.

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Presentation transcript:

The Bill of Rights The first 10 amendments To the U. S. Constitution James Madison drafted 12 amendments at the first federal Congress in 1789 as part of the agreement between the Federalists and Anti- Federalists in approving the Constitution Adopted in 1791 Guaranteed individual rights and freedoms to the citizens of America

The First Amendment—5 rights mentioned Freedom of Speech Freedom of Speech Freedom of Religion Freedom of Religion Freedom of the Press Freedom of the Press Freedom of Assembly Freedom of Assembly Right to petition the government Right to petition the government

Second Amendment The right to keep and bear arms The right to keep and bear arms

Third Amendment The government cannot force you to shelter soldiers in your home without your consent in time of war or peace-quartering soldiers. The government cannot force you to shelter soldiers in your home without your consent in time of war or peace-quartering soldiers.

Fourth Amendment Right to privacy- Right to privacy- No unreasonable searches or seizures No unreasonable searches or seizures Probable cause is needed for warrants Probable cause is needed for warrants

Fifth Amendment You must have due process of law before you are convicted (treated fairly) You must have due process of law before you are convicted (treated fairly) You cannot be tried for the same crime twice—called “Double Jeopardy” You cannot be tried for the same crime twice—called “Double Jeopardy” You do not have to testify against your- self. “I plead the fifth” You do not have to testify against your- self. “I plead the fifth” The government cannot take your land unless it pays. The government cannot take your land unless it pays. Right to an indictment by Grand Jury for a capital crime Right to an indictment by Grand Jury for a capital crime

Sixth Amendment Right to speedy, public trial by impartial jury Right to speedy, public trial by impartial jury Right to be informed of the charges Right to be informed of the charges Right to an attorney Right to an attorney Right to confront witnesses Right to confront witnesses Right to force witnesses to testify- compulsory process Right to force witnesses to testify- compulsory process

Seventh Amendment Right to a jury trial in a civil case Right to a jury trial in a civil case

Eighth Amendment No cruel and unusual punishment No cruel and unusual punishment No excessive bail No excessive bail

Ninth Amendment The listing of rights in the Bill of Rights does not limit the people’s rights The listing of rights in the Bill of Rights does not limit the people’s rights

Tenth Amendment Powers not listed in the Constitution belong to the states or the people Powers not listed in the Constitution belong to the states or the people

The First Amendment: a. Protects 6 rights or Freedoms 1. The Government may not support religion 2. Freedom to practice religion 3. Freedom of Speech 4. Freedom of Press 5. Freedom to Assemble 6. Right to petition the government

Freedom of Religion “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of” “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of” Two clauses: Two clauses: –Establishment clause-the government may not support religion –Free Exercise clause-Freedom to practice your own religion

Establishment Clause— Government cannot promote religion

Establishment clause-Government Cans Cannot Teach about religions in school Teach about religions in school Allow voluntary prayer in many examples Allow voluntary prayer in many examples Transport students to a religious school Transport students to a religious school Read Bible for culture or literacy content Read Bible for culture or literacy content Set a state religion Set a state religion Government cannot order a prayer Government cannot order a prayer Teach religious doctrine in the school Teach religious doctrine in the school Pay seminary teachers Pay seminary teachers Teach creationism Teach creationism

Free exercise of religion

Free Exercise—The person Can Cannot Choose whatever religion Choose whatever religion Lead a prayer in most examples Lead a prayer in most examples Ask questions about religions Ask questions about religions Worship who ever you want Worship who ever you want Break the law and claim it is religious belief Break the law and claim it is religious belief Raise children without education Raise children without education Deprave children of basic needs Deprave children of basic needs

Freedom of Expression The four rights in the first amendment of speech, press, assembly and petition are collectively known as freedom of expression What is Expression? What is Speech? 1. In addition to words, speech may be symbolic. Actions that express an idea are protected the same as speech. Tinker v. The Des Moines Independent School District 2. Examples: Flag burning, Wearing an armband

Freedom of speech “Congress shall make no laws... abridging the freedom of speech” “Congress shall make no laws... abridging the freedom of speech” The main purpose of the first amendment was clearly to protect the right of the people to express opinions about the government

Free speech– The individual can: Say any political belief Say any political belief Protest (without getting out of control) Protest (without getting out of control) Say things about someone that are true Say things about someone that are true Burn the flag Burn the flag Say racist and hate slogans Say racist and hate slogans Free speech means someone might say something you disagree with Free speech means someone might say something you disagree with

Free speech—limits on the person 1. 1.Fighting Words: Words or actions that a reasonable person would expect to cause a violent reaction are not protected Safety: If the words or actions create a “Clear and Present danger” they are not protected National Security: If the words incite people to immediate violence then they are not protected Obscenity: Obscene or pornographic expression is not protected and is strictly limited 5. 5.Education: Schools are special places. Students have the right to free expression except when it interferes with the education process

Freedom of the press Congress shall make no law... abridging... the freedom of the press.” Congress shall make no law... abridging... the freedom of the press.”

Freedom of the press-the press CanCannot Print any political position Print any political position Make fun of people, especially politicians Make fun of people, especially politicians Expose wrongs by the government Expose wrongs by the government Say things you might not agree with Say things you might not agree with Libel– intentionally injuring a person’s reputation by false facts Libel– intentionally injuring a person’s reputation by false facts Disclose defense- security secrets Disclose defense- security secrets Detail how to make a certain weapons Detail how to make a certain weapons

Freedom of Assembly Congress shall make no law... Abridging... The people to peaceably assemble” Congress shall make no law... Abridging... The people to peaceably assemble”

Freedom of Assembly--Individual CanCannot Protest Protest Parade (with a permit) Parade (with a permit) Parade chanting hate slogans Parade chanting hate slogans Gang members can congregate in public Gang members can congregate in public Protest by throwing rocks and breaking windows Protest by throwing rocks and breaking windows Hang out on private land against owners will—loitering Hang out on private land against owners will—loitering Teen curfew Teen curfew

Petition the Government “Congress shall make no law... Abridging... the people... to petition the government for a redress of grievances” “Congress shall make no law... Abridging... the people... to petition the government for a redress of grievances”

Petition the government You may sue the government for wrongs You may sue the government for wrongs You cannot be punished for exposing wrongs by the government You cannot be punished for exposing wrongs by the government The courts decide the wrongs The courts decide the wrongs

2 nd Amendment—Right to bear arms “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.” “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”

What is the debate with the right to bear arms? How much can the government keep guns from criminals and youth? How much can the government keep guns from criminals and youth? In order to keep guns away from criminals, does that limit the right of law abiding citizens? In order to keep guns away from criminals, does that limit the right of law abiding citizens?

Gun debate continued Thousands of people die every year because of guns Thousands of people die every year because of guns Thousands of crimes are prevented because of guns Thousands of crimes are prevented because of guns Shoes representing gun deaths.

Rights of the Accused Amendments #4-8 Important to preserve freedom