1. The Bill of Rights:
The First 10 Amendments

2. Learning Goal
8-U3.3.6
Explain how the Bill of Rights reflected protections, freedoms and powers of the government

3. The Bill of Rights
The Antifederalists criticized the Constitution because it lacked a bill of rights to protect individual freedoms.
They were afraid of being oppressed by the federal government, just as they were under the King of England.
Oppressed = Kept down by unfair authority

4. The Bill of Rights
Before the new Constitution could go into effect, at least 9 of the 13 states need to ratify it.
Ratify = Approve
Supporters of ratification were called Federalists.
Opponents of ratification were called Antifederalists.

5. The Bill of Rights “Ratify now, amend later,”
By the end of 1788 the Constitution was ratified
John Hancock made it clear amending the constitution would be the next task on the agenda.

6. The Bill of Rights
Finally, the Federalists agreed to add a bill of rights after the new government took effect.
The 1st ten amendments to the Constitution have come to be known as the “Bill of Rights.”

7. Creating the Bill of Rights 10.2
1789 First presidential elections held
George Washington elected president
John Adams became V.P

8. Debate and Approval in Congress
After ratification Congress met a year later to discuss amendments
Madison went through 100 possible amendments

9. Ratification Congress passed 12 amendments 2 were taken out
-dealt with the size of congressional districts
-congressional pay raises
¾ needed to ratify the Bill of Rights

10. The Bill of Rights The 1st Amendment Guarantees freedom of… Religion
Speech
Assembly
Press
Petition

12. Lemon v. Kutzman 1971
Pennsylvania passed a law that allowed the local government to use money to fund educational programs that taught religious-based lessons, activities and studies.
Lemon believed that Pennsylvania violated the 1st Amendment to the United States Constitution because the Constitution does not allow the establishment of any state laws or legislation that combine the interests of religious people with the interests of the state’s population.
known as the Separation of Church and State.

13. Religious Freedom Establishment Clause
“Congress shall make no law respecting an establishment of religion”
-Lemon Test (Lemon v. Kurtzman, 1971)
Test for determining whether aid to religion violates the
establishment clause
Does the law or practice have a secular purpose?
Does it neither advance nor inhibit religion?
Does it not foster an excessive government entanglement with religion

14. The Right to Free Speech & Press
Newspapers
Magazines
Media
Books
Television
Protects the right to speak freely in public places, like streets, and parks.
But……
Your rights have limits
This amendment will not protect you from falsely shouting fire at the movies and causing a panic

15. Protection of Symbolic Speech
Texas v. Johnson

16. The Right to Assemble & Petition
Peaceably assemble (meet together with others)
Petition (appeal to the government)
Citizens can use public property for meetings and demonstrations
Parades
Protest Marches
Political Rallies
Limits
Riots

17. The Right to Worship freely
“Congress shall make no law…. Prohibiting the free exercise” of religion
People can hold any religious beliefs without punishment.
However that does not mean you can do whatever you want in religious freedom.
Ex. Parents are not allowed to deny children medical treatment or vaccinations because of religious beliefs

18. The next three amendments protect citizens from various kinds of government abuse.

19. The Bill of Rights The 2nd Amendment
Protects the rights of states to maintain a militia & of citizens to bear arms (meaning the right to own a gun

20. District Of Columbia v. Heller (2008)
2nd Amendment
District Of Columbia v. Heller (2008)
Protects individual rights to own a gun for personal use, including self defense at home

21. The Bill of Rights The 3rd Amendment
Restricts quartering of troops in private homes

22. The Bill of Rights The 3rd Amendment
“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.”
This means that we cannot be forced to house or quarter soldiers.

23. The Bill of Rights The 4th Amendment
Protects against “unreasonable searches and seizures”
Warrant- an order from a judge that authorizes police or other officials to take a certain action, such as searching someone’s property.

25. 5th-8th Amendment
Intended to guarantee fair treatment for people involved in legal actions

26. The Bill of Rights The 5th Amendment
Assures the right not to be deprived of “life, liberty, or property, without due process of law”
No “double jeopardy”
A person cannot be forced to testify against themselves

27. 5th Amendement Prohibits
Double Jeopardy- putting a person on trial more than once for the same crime
Self-incrimination- giving testimony that can be used against oneself

29. Legal Rights and Protections
Due Process- the concept that the government must follow clear rules and act reasonably as it carries out the law
Defendant- a person who is required to defend himself or herself in a legal action.
- ex. An accused person who is put on trial

30. The Bill of Rights The 6th Amendment
Guarantees the right to a speedy & public trial by an impartial jury (in criminal cases)

31. The Bill of Rights The 7th Amendment
Assures the right to a jury trial in civil cases (lawsuits) over $20
A civil trial differs from a criminal trial. A civil trial is when someone sues someone else.

32. The Bill of Rights The 8th Amendment
Protects against excessive bail, or cruel & unusual punishment
ex. Whipping
branding

33. 9th and 10th Amendment
9th- protects rights that are not mentioned in the Constitution
10th-says powers are neither given to the national government nor forbidden to the states belong to the states and people

34. The Bill of Rights The 9th Amendment Powers reserved to the people
Prevents the govt. from claiming that the only rights people have are those listed in the Bill of Rights
-Ex. Right to privacy
to the

35. The Bill of Rights The 10th Amendment Powers reserved to the states
Any powers not given to the Federal Govt. in the Constitution (or denied to the states by the Constitution) belong to the states
to the

36. 10th Amendment
Reserved Powers- those that the constitution does not specifically give to the national government or specifically prohibit the states from having.
How many days students attend school
State speed limits
Regulate business
Issue licenses to barbers or beauticians

37. The Bill of Rights
And so, we have individual rights that are GUARANTEED by the Constitution

38. How many states were needed to ratify the Bill of Rights?
¾ of states

39. Bill of Rights Quiz
2.What protections do we have under the first amendment?
Religion
Speech
Assembly
Press
Petition

40. True or False 3. The Bill of Rights has limits True

41. Separation of church and state
Lemon v. Kurtzman stressed….. 4.
Separation of church and state

42. 5.
Putting a person on trial more than once for the same crime is called
Double Jeopardy