Section 1 – Adding the Bill of Rights

 Why do we need a Bill of Rights?   Anti-federalists  The first changes to the Constitution were made through the amendment process -

 Changes to the constitution must  1. Approved by Congress  2. Can either reject or ratify it  Proposing amendments Can be done in two different ways  1. Congress  2. A national convention () Convention must be called by 2/3 of the state legislatures

 Ratification  Two ways Approval by special conventions in ¾ of the national legislatures Congress decides what method will be used

 James Madison wanted to earn the trust of the people of the United States   Congress  Preparing the Bill of Rights Looked back at historical documents – Tried to decide where to put the amendments

 The Proposal and Ratification  Committee was put together to begin putting the finishing touches on the Bill of Rights States ratified –

Section 2 – Protections of the Bill of Rights

 The Bill of Rights was added to protect the rights of individuals  1 –  2 –  3 –

 Freedom of Religion   Separation of church and state –   You may speak and write freely Stipulations –

 Freedom of Press  Makes our news more objective. Government censors  Limitations: Newspapers are not free to libel –

 Freedom of Assembly    Citizens can change laws

 Protections against the abuse of power –  Gun ownership Background: Why was this amendment written? Today: Gun debate  Housing of Soldiers Background: During the Revolution English soldiers were allowed to use civilian’s houses as living quarters against the will of their owners

 Unreasonable Searches and Seizures Background: During the Revolution officers were allowed to search homes, belongings, ships, or property Typically they have to have  To obtain one the police must

 Protecting Property Rights The government has the right to eminent domain –

 Protections of the accused –  Citizens are entitled to due process of law – People who commit crimes still have their right under the Constitution

 The Fifth Amendment  “the right to remain silent” Under the fifth amendment a confession has to be given freely, not under the influence of threat or violence  Serious crimes –  You are protected from double jeopardy – If you are found guilty of a crime, you can’t be convicted of it again

 Right to Trial by Jury  Sixth Amendment You have the right to know what you are being accused of and to ask questions  Seventh Amendment  Shows how much trust the public puts into the law When someone is a juror they have to make sure their fellow citizens are being treated fairly

 Bails, Fines, and Punishments  Bail can’t be ridiculously high Controversy –

 Not everything can be covered in ten amendments  Madison covered that with the Ninth Amendment  Tenth Amendment Article 1: These are denied to the states Powers not mentioned in the Constitution -

Section 3 – Interpreting the Bill of Rights

 In order to find limits the Bill of Rights must be tested  The amendments are broad descriptions of the rights. After this -

 When controversies arise over what law has been broken the courts decide if and how the law is broken. They interpret laws.  There is a hierarchy

 Students and Free Speech  Read through the last section give a brief description of the case and the outcome

 The Skokie Case: Freedom for the Nazis?  Read through the last section give a brief description of the case and the outcome