1. Quiz Review You can lead a horse to water..................
TOPIC 4 – BILL OF RIGHTS
Quiz Review
You can lead a horse
to water

2. History of the Bill of Rights
Anti-Federalists voiced strong objects to the Constitution, in part, because it did not contain a Bill of Rights
Federalists were opposed to initially including a Bill of Rights into the Constitution
Reason: Federal government had no authority to infringe upon natural rights. Because there was no authority to do so, no need to include such protections against intrusion
Compromised reached – Congress’s First Task will be to create a Bill of Rights
James Madison primarily responsible for drafting Bill of Rights
12 Amendments were sent to the States for ratification

3. Types of Rights Positive Rights Negative Rights Personal Rights
Life, liberty, property, and pursuit of happiness
Economic Rights
Work, acquiring and disposing of property, entering into contracts
Political Rights
Political participation
Positive Rights
Requires Government to Act
Negative Rights
Restricts Government from Acting

4. Amendments
Read each Amendment and understand what rights are included in each Amendment
For example:
The Second Amendment the right to bear arms and the right for the States to have a well regulated militia
The Third Amendment prohibits the quartering of soldiers in peace time without owner’s consent and only allows quartering of soldiers in wartime under specific manners prescribed by law
Eight Amendment prohibits excessive fines, excessive bail and cruel and unusual punishment

5. 1st Amendment Hot Topics
First Amendment prohibits establishing a national religion (the establishment clause) and prohibiting free exercise of religion (exercise clause)
While we think of the First Amendment as creating the idea of “separation of church and state” this phrase is not contained in the Constitution
Thomas Jefferson coined this phrase.
Freedom of Speech may not be infringed
Not an absolute right. Restrictions on speech are generally content or conduct based.

6. 4th Amendment Hot Topics
Prohibits “unreasonable” searches and seizures
In order to obtain a warrant to search and/or seize a person or place, must have probable cause

7. 5th Amendment Hot Topics
Many rights included in 5th Amendment
Requires Grand Jury Indictment for capital or “infamous crimes”
Grand Jury is a huge check on executive powers
Prohibits Double Jeopardy
Gives a right against self incrimination
Eminent Domain
Only take property if it is for a public use and with just compensation
Due Process clause
Just like the 14th Amendment

8. 6th Amendment Hot Topics
Deals with rights regarding the manner in which you are prosecuted for a crime
Informed of charges
Speedy/public trial
Impartial jury of your peers
Confront witnesses
Compel witnesses to appear
Assistance of counsel

9. 7th Amendment Hot Topics
Allows for a jury trial in civil matters

10. 10th Amendment Hot Topics
All powers not specifically given to the United States are reserved to the people or the individual States

11. Other Issues
Remember, many rights that we believe we possess are not contained in the Bill of Rights
Right to vote
Right to presumption of innocence
Right to travel
Read and know what each Amendment states!!!
Just because an Amendment was not covered in this review does not mean it will not be tested upon.
But if you read and understand the rights granted under each Amendment, you will be able to answer questions regarding information not contained in this review.