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Section 1 – Adding the Bill of Rights
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Why do we need a Bill of Rights? Anti-federalists The first changes to the Constitution were made through the amendment process -
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Changes to the constitution must 1. Approved by Congress 2. Can either reject or ratify it Proposing amendments Can be done in two different ways 1. Congress 2. A national convention () Convention must be called by 2/3 of the state legislatures
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Ratification Two ways 1. 2. Approval by special conventions in ¾ of the national legislatures Congress decides what method will be used
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James Madison wanted to earn the trust of the people of the United States Congress Preparing the Bill of Rights Looked back at historical documents – Tried to decide where to put the amendments
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The Proposal and Ratification Committee was put together to begin putting the finishing touches on the Bill of Rights States ratified –
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Section 2 – Protections of the Bill of Rights
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The Bill of Rights was added to protect the rights of individuals 1 – 2 – 3 –
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Freedom of Religion Separation of church and state – You may speak and write freely Stipulations –
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Freedom of Press Makes our news more objective. Government censors Limitations: Newspapers are not free to libel –
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Freedom of Assembly Citizens can change laws
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Protections against the abuse of power – Gun ownership Background: Why was this amendment written? Today: Gun debate Housing of Soldiers Background: During the Revolution English soldiers were allowed to use civilian’s houses as living quarters against the will of their owners
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Unreasonable Searches and Seizures Background: During the Revolution officers were allowed to search homes, belongings, ships, or property Typically they have to have To obtain one the police must
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Protecting Property Rights The government has the right to eminent domain –
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Protections of the accused – Citizens are entitled to due process of law – People who commit crimes still have their right under the Constitution
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The Fifth Amendment “the right to remain silent” Under the fifth amendment a confession has to be given freely, not under the influence of threat or violence Serious crimes – You are protected from double jeopardy – If you are found guilty of a crime, you can’t be convicted of it again
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Right to Trial by Jury Sixth Amendment You have the right to know what you are being accused of and to ask questions Seventh Amendment Shows how much trust the public puts into the law When someone is a juror they have to make sure their fellow citizens are being treated fairly
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Bails, Fines, and Punishments Bail can’t be ridiculously high Controversy –
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Not everything can be covered in ten amendments Madison covered that with the Ninth Amendment Tenth Amendment Article 1: These are denied to the states Powers not mentioned in the Constitution -
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Section 3 – Interpreting the Bill of Rights
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In order to find limits the Bill of Rights must be tested The amendments are broad descriptions of the rights. After this -
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When controversies arise over what law has been broken the courts decide if and how the law is broken. They interpret laws. There is a hierarchy
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Students and Free Speech Read through the last section give a brief description of the case and the outcome
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The Skokie Case: Freedom for the Nazis? Read through the last section give a brief description of the case and the outcome
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