The Bill Of Rights Miss Springborn~ Team 6 [A] bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse." --- Thomas Jefferson December 20, 1787
What are the Bill of Rights? The first ten amendments to the Constitution Guaranteed that the national government could not violate our freedoms It was ratified/approved in 1791 It was authored by James Madison
The First Amendment What does it say? Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
What does this mean? Freedom of Speech Freedom of the Press First Amendment gives American Citizens the right to: Freedom of Religion Freedom of Speech Freedom of the Press Freedom of Assembly Freedom of Petition
First Amendment – Freedom of Religion Government cannot interfere with or promote any religion Creates the separation between Church and state
First Amendment Freedom of Speech Are there any limits on your speech?
First Amendment – Freedom of the Press The Government cannot interfere with the flow of information and the news Why might a government want to have control over information?
First Amendment – Freedom of Assembly People may gather or protest if done in a peaceful manner
First Amendment – Freedom of Petition The right of people to make suggestions or complaints against the government
Controversy with the first amendment… Should there be certain forms of speech that are limited? Should there be religious requirements to hold political offices?
Amendment Two A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Basically this means… Creates a National Army Gives Citizens the right to have a gun to protect themselves Should gun ownership be restricted? If so, what restrictions are constitutional?
Amendment Three No Soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
What does the Third Amendment mean? The Government cannot force people to house soldiers Why would this be included in the Bill of Rights?
Amendment Four The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Fourth Amendment The right of people against unreasonable searches Authorities must have a warrant issued by a judge in order to search peoples possessions Protection of peoples Privacy and Property
Amendment Five No persons shall be held to answer for a capitol, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put into jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment Five: Rights of people accused of a crime You must be charged with a specific crime You do no have to testify against yourself Double jeopardy- this means you cannot be tried twice for the same crime This is called Double Jeopardy
Amendment Six In all Criminal prosecutions, the accused shall enjoy the right to a speedy trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
The Sixth Amendment - Rights of people during criminal proceedings Speedy Trial – Cannot be forced to stay in jail without a timely trial Be informed of charges (Miranda Rights ) You have the right to remain silent… etc Right to an attorney
Amendment Seven In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
What does the Seventh Amendment mean? Right to a Jury Trial in Civil
Amendment Eight Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
What does the Eight Amendment Mean? No cruel punishments for the crime you commit Bail should fit the crime committed Punishments should also fit the crime Controversy: Is the Death Penalty “Cruel and Unusual?”
Amendment Nine The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. People have other rights that are not listed in the Constitution
The powers not given to the national government belong to the states. Amendment Ten The powers not given to the national government belong to the states.
Other Amendments that were added… There were 27 total but we are only going to cover a few below
Civil War Amendments: 13th Amendment: Abolishes slavery in the United States 14th Amendment: Makes all former slaves citizens of the United States 15th Amendment: Gives Voting rights to former slaves Says you cannot be denied voting rights on the basis of race, color, or previous enslavement What KEY word is left out of the above amendment?
16th Amendment Establishes Income Tax allowing Congress to tax earnings of United States citizens
19th Amendment Gave Women the right to vote
22nd Amendment Creates the TWO term limit for the presidency of the United States
25th Amendment Establishes the rules for Succession if the president dies in office or is removed from office
26th Amendment Lowers the voting age from 21 to 18
27th Amendment Establishes rules for how Congress is allowed to vote on raises for their salaries Interesting fact about this amendment…it was actually written and proposed in 1789 along with the Bill of Rights by James Madison but it took over 200 years to be added to the actual Constitution