The Bill of Rights Integrated Social Studies Madison Southern High School

Main Idea The Bill of Rights was added to the Constitution to guarantee the basic rights of citizens. These rights include protections of individual freedoms, protections against the government’s abuse of power, and the protections of the accused.

The Amendment Process Bill of Rights – List of citizens rights. Speaks to the limits on the powers of the federal government. The Anti-Federalists insisted on this addition to the Constitution. Amendment Process – The way which changes are added to the Constitution. National Convention – An assembly that may propose amendments.

Debate in Congress Congress, June 1789 – James Madison declared that Americans believed that the Constitution did not adequately protect their rights. Congress, August 1789 – Congress begins preparing the Bill of Rights. Influences include the Magna Carta, English Bill of Rights, Colonial Charters, and state constitutions. Congress, December 15th, 1791 – The Ten Amendments (Bill of Rights) are ratified and become part of the Constitution.

Protecting Individual Freedoms The First Amendment – Freedom of Religion – Separation of Church and State - Government may not favor any religion or establish an official religion. Freedom of Speech Freedom of the Press - Right to communicate thoughts and opinions through the media / published works.

Protecting Individual Freedoms The First Amendment – Freedom of Assembly – Right to meet together or gather. Freedom of Petition – Right to ask government to make or change a law or solve a problem.

Protections Against Abuse of Power The Second Amendment – right to bear arms (gun ownership). The Third Amendment – protection from the housing of soldiers. The Fourth Amendment – protection from unreasonable search and seizures.

More Protections The Fifth Amendment (Part 01) – Eminent Domain: the right for government to take private property; however owner has the right to a fair price for his or her property. The Fifth Amendment (Part 02) – Citizens are guaranteed Due Process of Law; A process by which the government must treat accused persons fairly according to the rules established by law. Citizens are protected from Double Jeopardy; being placed on trial twice for the same crime.

Protections of the Accused The Sixth Amendment – Citizens are guaranteed the right to a trial by jury in criminal cases. The Seventh Amendment – Citizens are guaranteed the right to a trial by jury in MOST civil cases. The Eighth Amendment – Prohibits excessive bail, fines, and punishments. No “cruel and unusual” punishment.

Protections of Other Rights The Ninth Amendment – Declares that rights not specifically mentioned in the Constitution belong to the people. Citizen Rights are not limited to the one mentioned in the Constitution. This was included to give people rights over issues the Framers couldn’t have seen coming. The Tenth Amendment – Declares that powers not given to the national government belong to the states or to the people.

Role of the Courts The courts have the difficult task of interpreting the meaning of citizens’ rights. They decide whether or not people’s rights have been violated.

Role of the Courts Freedom of the Press – The right to publish newspapers, magazines, and other materials without governmental restriction. Freedom of Speech – The right to express one’s opinions publicly. Case Studies – Descriptions of situations or conflicts, the issues involved and decisions made. Case studies help us learn about American legal history.

Hazelwood Schools v. Kuhlmeier 1.How do you think the students would’ve reacted to the Supreme Court’s decision in this case? 2.Imagine the Court reached the opposite conclusion that it did in the case. How would such a decision affect the students and the school? Society at large? 3.Who is in the best position to make decisions affecting school policy and discipline? The courts? School administrators? Teachers? Parents? Students? Combinations of these different groups? 4.How much authority should schools have over students when they are off school property? For instance, should schools have the right to punish a student for material on the student's personal website that makes fun of a teacher? What if the website threatens a teacher and/or fellow student?

Tinker v. Des Moines 1.Do you think that the school policy banning armbands was fair? Why or why not? 2.The students knew they would be suspended if they wore armbands to school and chose to do so anyway. Why do you think they ignored the rule? 3.The First Amendment says "Congress shall make no law… abridging the freedom of speech.“ Why do you think the Supreme Court of the United States has ruled that certain actions should have the same protection as verbal speech? Are these reasons valid? 4.Pretend that students in your school wanted to protest the school-wide ban on smoking. Should they legally be allowed to protest by wearing T-shirts that read "Up with 'Butts'!"? Why or why not?

NSPA v. Village of Skokie 1.As citizens, do we have a responsibility to behave decently with the freedoms we’ve been given? Why or why not? 2.Is the swastika a form of hate speech? Why or Why not? 3.What do you think is meant by the phrase, “A Marketplace of Ideas”? Is that something we need in America? 4.Imagine you a Jewish resident of Skokie; one that survived the Holocaust. What would your reaction be to seeing the Nazi flag marching in your hometown streets?

Final Thoughts Our Rights – The rights of the American citizens are not simply guaranteed because they are written down in the Constitution, they have been protected by citizens who firmly believe in the American system of government. Protecting the Constitution is a basic duties all citizens have.