1. Chapter 10: Bill of Rights
Pgs

2. Creation of the Bill of Rights
1789 – George Washington became first president (John Hancock lost)
John Adams was VP
People entitled to make amendments against government
James Madison – in charge of amendment process
¾’s of the states must ratify an amendment for it to become law

3. Creation Continued
James Madison reminded the congress about the bill of rights
Didn’t want it as apart of the constitution
Thomas Jefferson said the people are entitled to this for protection from the government
Madison picked through over 100 amendments and waited until 12 were picked by congress

4. Creation Continued The states rejected the first two amendments
By 1791 (nine) states approved the remaining ten amendments

5. First Amendment
Freedom of religion, speech, of the press, to assemble, and the right to petition the government.
Basic freedoms, most important
If rights are violated, challenge in court
If the course reaches the supreme court, the justices will decide on if the ruling is constitutional

6. Right to Worship Freely (1st Am.)
Government cannot make any faith the official religion of the US
Lemon v. Kurtzman – public tax money paid for books and teachers in private school, unconstitutional because close connection b/w government and religion
Can believe or not believe in religion without fear of punishment within reason
Cannot Do whatever you want in name of religion

7. Right to Free Speech and Press (1st Am.)
Freedom of expression
Best protection against abuse of government power
Speech not unlimited, speech cannot endanger public safety
Texas v. Johnson – Texas man burned American flag in protest, Supreme court overturned decision because cannot ban expression because someone disagrees

8. Right to Assemble and Petition (1st Am.)
Can use public property for meetings and demonstrations (peaceful)
Gregory v. Chicago – comedian protest to mayor’s home, residents became out of hand, asked marchers to leave, didn’t and were arrested
No conviction, marchers were peaceful

9. Questions Who was the first president? Who was his vice president?
How many states are needed to ratify an amendment to become law?
What are the first amendments called?
What is the first amendment?
What happened in the following cases:
Texas v. Johnson?
Lemon v. Kurtzman?
Gregory v. Chicago?

10. 2nd Am. : Right to bear arms
Americans relied on volunteer state militias to protect their new nation after British troops left
Much debated amendment
Some argue you only have the right if apart of the militia
Others argues people can own guns for their own self-defense

11. 3RD Am. Quartering Troops in Homes
Before the revolution British troops forced themselves into American’s homes
Now people can refuse
This is a reminder to the government to respect the privacy of people’s homes

12. 4th Am. Search and Seizures
Protects people from “unreasonable” searches and seizures
Seizure= forcibly taking control of a person or property
Before a search the police must have reason and a warrant
This helps guarantee “right to be left alone”

13. 5th Am. Legal rights Longest of the amendments
List 5 rights of citizens in the justice system
1)people accused of serious crimes have a right to a grand jury hearing
Jury decides if there should be a trial
2)protects citizens from double jeopardy
Not guilty first time, not tried again

14. 5th Am. Legal Rights 3) Prohibits self-incrimination
Cant be forced to say things about yourself that are bad
Police use Miranda rights
Also applies to defendants testifying in court
Refusal is called “taking the fifth”

15. 5th Am. Legal Rights
4) Cannot be deprived of life, liberty, or property without due process of law
Presumed innocent until proven guilty
5) cannot take private property for public use without just compensation
Pay a fair price

16. 6th Am. Criminal Trial Rights
Right to a speedy and public trial
By an impartial jury
Defendant has a right to hear and question all witnesses who testify
Has a right to an attorney – even if you cant afford one

17. 7th Am. Civil Trial Rights
Pertain to disputes between people or businesses
All people involved have a right to a jury trial
Once a jury decides no judge can overrule

18. 8th Am. Bail and Punishments
Protects rights before and after a trial
Judges cant require excessive bail
Money or property given to the court to make sure the person shows up at trial
If you cannot pay you stay in jail
If convicted- protected from excessive fines and cruel punishment
Term length relates with the crime committed/cant take away food
Death Penalty?

19. 9th Am. Rights retained by the People
Not all rights could be listed in the constitution or Bill of Rights
To fix this some rights are “retained” by the people
Ex. Right to privacy

20. 10th Am. Powers Reserved to the States
Protect states from excessive federal powers
Tested in McCulloch v. Maryland (1816) Congress chartered a national bank. States said congress cant make a bank. Maryland levied taxes on the bank. Said it was an act against federal govt.
Determined national won over state in dispute