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Published byTamsin Conley Modified over 9 years ago
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Aim: What is the Bill of Rights? Do Now: What do you feel is your greatest right as an American?
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Part of the compromise to ratify the Constitution was the inclusion of a Bill of Rights, or a specific list affirming the rights of citizens and limits on Federal government power. Written by James Madison, the Bill of Rights, the first 10 Amendments to the Constitution, were ratified on December 15, 1791
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As part of the Constitution, the Bill of Rights only applies to the Federal government until the passage of the Fourteenth Amendment (although many states had similar provisions in their own Constitutions) The Bill of Rights is written to limit Federal power, and acknowledge that people naturally possess these rights
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1 ST Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
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1 ST Amendment “A wall of separation between Church and State”- Thomas Jefferson Can you be forced to pray in public school? Freedom of speech Do you think this right is limitless? Freedom of the Press- Government cannot censor or shutdown news reporting Government cannot prevent people from meeting or attempting to address injustices from the Government
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2 nd Amendment A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
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2 nd Amendment Today, allows extensive personal freedom in owning weapons, but is very controversial What part of this Amendment do you think is controversial? Which side do you fall on in the debate?
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3 rd 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. What was this Amendment included in response to?
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4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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4 th Amendment Protects against “unreasonable searches and seizures” Why do you think this was included? Do you know of any recent issues that may contradict this right?
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5 th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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5 th Amendment Provides rights to Americans accused of crimes Prevents “double jeopardy” and “due process” forces the government to charge you with something and have you stand trial, as opposed to locking you up indefinitely. “Miranda Rights”
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6 th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
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6 th Amendment Lays out the rights given to Americans while facing criminal charges What sort of rights are granted by this Amendment?
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7 th Amendment In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Allows for a Jury Trial in Civil Courts
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8 th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Seeks to prevent punishments for crimes that are meant solely to be retaliatory and harmful without serving any other purpose Do you know of any punishments today that ought to be considered “cruel and unusual”?
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9 th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Builds off an idea that all people have natural rights that they are born with, and that rights are not “granted” by the government. Any “new right” discovered over time would belong to the people How may this become relevant as things like technology have advanced? What does this suggest the writers of the Constitution intended to happen over time?
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10 th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Grants any power not specifically given to the Federal Government to the states or people. What type of system set up by the Constitution does this Amendment seek to enforce?
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