8/27/2015 THE BILL OF RIGHTS Created by Ms. Panasyan, Social Studies Coach Presentation based on Grade 8 United States History Content Standard 8.2.6

8/27/2015 Introduction n The first Congress proposed a series of amendments to the Constitution of the United States in By December 1791, three forth of the states had ratified 10 amendments. They became known as the Bill of Rights

The Bill of Rights The first 10 amendments To the U. S. Constitution

Who determines what the Bill of Rights mean? n The Supreme Court makes rulings on the meaning n The Supreme Court balances the rights of the individual with the needs of society Individual?? Society??

8/27/2015 Amendment 1: Freedom of Speech, Religion, Press,and Assembly n We can follow any religion n We can say our thoughts n The news papers can publish any articles n We can meet in groups

The first amendment—5 rights mentioned n Freedom of Speech n Freedom of Religion n Freedom of the Press n Freedom of Assembly n Right to petition the government

Five Rights in the Amendment n Freedom of Religion Freedom of Religion n Freedom of speech Freedom of speech n Freedom of the press Freedom of the press n Freedom of Assembly Freedom of Assembly n Petition the government Petition the government

Freedom of Religion n “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of” n Two clauses: –Establishment clause –Free Exercise clause

Establishment and free exercise clause often conflict with each other n In schools, the religion issue is most prevalent n If a student raises his hand and says “teacher, can we say an opening prayer before this test” n If the teacher says: n “Yes”, It looks like establishment of religion n “No”, It is denying a student free exercise.

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

Establishment Clause— Government cannot promote religion

Free exercise of religion

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

Freedom of speech n “Congress shall make no laws... abridging the freedom of speech”

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

Free speech—limits on the person n Threaten to blow up airplanes, schools or the president n Sexual harassment n Create too much social chaos n Extremely crude language in a public form n Disrespectful, vulgar language in schools n Hate crimes

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

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

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

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

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

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

8/27/2015 Amendment 2: The Right to Have Arms n We can have guns for protection. States can make laws about buying and keeping guns

2 nd Amendment—Right to bear arms n “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? n How much can the government keep guns from criminals and youth? n In order to keep guns away from criminals, does that limit the right of law abiding citizens?

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

8/27/2015 Amendment 3: Housing Soldiers n We do not have to let soldiers stay in our homes in peacetime. If there is a war, Congress can make a law to let soldiers stay in our homes

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

8/27/2015 Amendment 4: Searches and Arrest Warrants n Police cannot make unreasonable searches of our homes or take our things without warrant.

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

Fourth Amendment n What does a policeman need in order to search your home? –A warrant given to him by a judge –Probable cause is also needed

8/27/2015 Amendment 5: Rights of People Accused of a Crime n You do not go to a second trial for the same crime if a judge says you are free at the first trial n You do not have to answer questions at your trial

Fifth Amendment n You cannot be tried for the same crime twice—called “Double Jeopardy” n You do not have to testify against your self. “I plead the fifth” n You must have due process of law before you are convicted n The government cannot take your land unless it pays.

8/27/2015 Amendment 6: Right to a Fair and Speedy Trial n If you are accused of a crime, you have a right to a speedy and public trial with a jury n You can have a public lawyer n The lawyer can ask all witnesses questions n You can have defense witnesses

Sixth Amendment n Right to speedy trial by impartial jury—meaning not favoring either side

Sixth Amendment continued n You must be told of charges n You must be provided a lawyer if you cannot afford one

8/27/2015 Amendment 7: Right to a Jury Trial in Civil Cases n You can have a trial by jury if the money in the case is over twenty ($20) dollars

8/27/2015 Amendment 8: Bails, Fines and Punishment n A judge cannot charge you unreasonable bail n A judge cannot charge you unreasonable fines n A judge or the police cannot give you unreasonable punishment

Eighth Amendment n No excessive bail n No cruel and unusual punishment Prisoner kissing his Mom in prison

8/27/2015 Amendment 9: The People Keep Some Rights n The Constitution lists many rights of the people, but it does not lists all the rights n The people have other rights too n The rights that are not listed in the Constitution are kept by the people

8/27/2015 Amendment 10: The States or People Keep Some Powers n The Constitution lists some powers for the states, but it cannot list all the powers n There are other powers for the states and for the people