1. ADDING THE BILL OF RIGHTS
Madison's Copy of the Proposed "Bill of Rights"
[Proposed Articles of Amendment] New York: Thomas Greenleaf [September 14, 1789] Rare Book & Special Collections Division

2. The Amendment Process Must be approved at national and state level
Can be proposed in two (2) ways
Congress can propose (need 2/3 approval in both Houses)
all 27 amendments proposed this way
proposed by national convention called by 2/3 of states legislatures

3. The Amendment Process Amendments can be ratified in 2 ways
Approval by ¾ of states
Approval by special convention in ¾ of states
Takes a long time!

4. The Debate in Congress Bill of Rights – debate began in Congress
Federalists vs. Anti-federalists
James Madison proposed a Bill of Rights – Americans wanted a guarantee of freedoms.
Drew upon the Magna Carta, John Locke, & English Bill of Rights
Voted to attach it to the end of the Constitution
Portrait of James Madison. Philada. (Philadelphia) : W.H. Morgan, [between 1809 and 1817] Prints & Photographs Division. Reproduction Number: LC-USZ (b&w film copy neg.)

5. The Proposal and Ratification
10 protected citizen’s rights (additional 2 didn’t make it past states)
Approved by Congress & proposed to states in 1789
On December 15, 1791 the Bill of Rights was ratified by the states
The Philadelphia State House, in an engraving from 1778

6. PROTECTIONS IN THE BILL OF RIGHTS

7. Protection of Individual Freedoms
Freedom of Religion – worship (or not) how you choose
Separation of church and state – government may not favor any religion or establish an official religion.

8. Protection of Individual Freedoms
Freedom of Speech
Exceptions to the Rule
slander – telling lies that damage a reputation, knowingly and willingly
libel –
Freedom of the Press
Many countries still control media (Russia, China)
Many cases in our history where government has censored media. Late 1910s – early 1920s

9. Protection of Individual Freedoms
Freedom of Assembly
Can meet, demonstrate peacefully
Freedom of Petition – asking to change a law
Civil Rights March on Washington, D.C., 1963 Photo courtesy National Archives

10. Protections against the Abuse of Power
Gun ownership: 2nd Amendment
The Housing of Soldiers: 3rd Amendment
Unreasonable Search and Seizures: 4th Amendment (need a warrant)

11. Protections against the Abuse of Power
Protecting Property Rights: 5th Amendment
Eminent domain – government has the power to take private property for public use, BUT the government must pay owners fair market value for the property

12. Protections of the Accused
due process – process by which the government must treat accused persons fairly according to the rules established by law.
Fifth Amendment: “No one may be forced to be a witness against himself”
Miranda rights
“I plead the 5th”
Double jeopardy – cannot be tried twice for the same crime

13. Protections of the Accused
Sixth Amendment: speedy, public, and fair trial (in any case involving a crime)
What are accusations
Cannot be held indefinitely without charges
Right to Trial by Jury (of Peers) where conflicts over property or money is over $20.
Clarence Earl Gideon, a 50 year-old drifter, was charged with breaking and entering the poolroom, stealing bottles of wine, beer, soda,  and change from a cigarette machine and a juke box.

14. Protections of the Accused
Eighth Amendment: Bails, Fines, and Punishments
Bail: a monetary pledge that the person will appear at trial
cannot be unfairly high
no cruel or unusual punishment
some states consider death penalty cruel (Michigan)

15. Protections of Other Rights
Ninth Amendment: Citizens’ rights not limited to those in Bill of Rights
Tenth Amendment: Powers that are not Congress’ are the states’ and the peoples.

16. INTERPRETING THE BILL OF RIGHTS

17. The Role of the Courts
Interpreting law at all levels (local, state, federal, ect.)
Value of Case Studies
The Tinker Case: Students and Free Speech
The Case
12/16/1965 – Mary Beth Tinker & Christopher Eckhardt wear armbands to school protesting Vietnam War
School suspended them – disrupted discipline
What is meant by “speech”?
Do students have same rights under Constitution?

18. The Tinker Case The Decision
Local and state courts ruled in favor of school
Went to Supreme Court
armbands are a form of speech
students do have basic rights of free speech
did not interfere with education
Mary Beth Tinker

19. The Skokie Case: Freedom For Nazis?
The Case
The Decision
Skokie CBS movie

20. In Conclusion…
Crash Course