1. The Bill of Rights
World History
9.1.15

2. Why did the Antifederalists insist that a bill of rights be added to the Constitution? Because they supported the Enlightenment ideas of: individual rights and limited government. Why did Alexander Hamilton oppose a bill of rights? (SKIP THIS QUESTION)
Review

3. Review What is a bill of rights?
A document listing the rights of citizens.
What is the Bill of Rights?
The first 10 Amendments to the Bill of Rights
Review

4. The Bill of Rights has 10 amendments and they are equally important in our lives – but because our time together is short, we will focus on the first five today..
The Bill of Rights

5. “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.”
First Amendment

6. First Amendment The First Amendment established the:
freedom of religion
The government cannot prevent you from practicing any religion you wish.
freedom of speech
We are able to speak freely without censorship. Exceptions include obscenity, harassment, lying under oath.
freedom of the press
Reporters are able to report the news without fear of punishment.
freedom of assembly
People are able to gather in groups or protests – unless they become dangerous.
freedom to petition the government
Citizens can complain to the government without fear of arrest.
First Amendment

7. “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.”
Second Amendment

8. So, does America still need the Second Amendment? Discuss!
protects citizens’ right to bear arms.
This right was included in order to ensure a strong defense for the U.S.
At the time, the country did not have a strong national army.
The United States now has a strong army and does not need militias to defend its borders.
So, does America still need the Second Amendment? Discuss!
Second Amendment

9. “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.”
Third Amendment

10. Third Amendment The Third Amendment:
Protected citizens from the quartering of troops.
Why did Congress include this freedom in the Bill of Rights?
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Third Amendment

11. “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.”
Fourth Amendment

12. Fourth Amendment The Fourth Amendment:
Protects citizens from illegal search and seizure
This was included because the British had used the Writs of Assistance to search colonists’ homes without a warrant.
Fourth Amendment

13. “No person shall be held to answer for any 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 offence 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.”
Fifth Amendment

14. Fifth Amendment The Fifth Amendment established the following rights:
Due process – the government must respect all of your rights and treat you equally under the law
“Double jeopardy” – no one can be tried for the same crime a second time if found “not guilty”
Freedom from “self-incrimination” – you cannot be forced to testify against yourself in court.
 This is what people mean when they “plead the fifth.”
Eminent domain – The government cannot take anyone’s property without some payment.
Fifth Amendment

15. What are the five freedoms protected by the First Amendment?
What right is protected by the Second Amendment?
Why did the writers of the Bill of Rights include protection from quartering of soldiers?
What rights are protected by the Fifth Amendment?
Review Questions

16. Review from Yesterday…
The Bill of Rights guaranteed certain individual rights to the American citizens.
Individual rights are those rights or privileges that belong to the people of any country. They cannot be taken away.
The five freedoms in the First Amendment are an example of individual rights.
Freedoms of speech, the press, religion, assembly, and petition.
These rights are guaranteed to the people and cannot be taken away.
Review from Yesterday…

17. “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 where in 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.”
Sixth Amendment

18. The Sixth Amendment established the rights of the accused  “innocent until proven guilty”
Right to a jury trial
The accused can request a trial by jury instead of a judge.
“Confrontation clause”
The accused have the right to see the accuser face-to-face in court.
Right to counsel
“You have the right to an attorney. If you cannot afford one, the government will appoint one for you.”
Sixth Amendment

19. “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 re-examined in any court of the United States, than according to the rules of the common law.”
Seventh Amendment

20. Seventh Amendment The Seventh Amendment:
Established the right to a civil trial by jury
People suing for money are civil cases.
Seventh Amendment

21. “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Eighth Amendment

22. Discuss: Is the death penalty “cruel and unusual punishment?”
The Eighth Amendment:
Doesn’t allow judges to set bail at an unusually high level – the punishment has to fit the crime.
The judge cannot set bail at $5 million if you were charged with stealing a $2 toothbrush at Wal-Mart.
protects citizens from “cruel and unusual punishment”
Not everyone agrees on what is “cruel and unusual.”
Discuss: Is the death penalty “cruel and unusual punishment?”
Eighth Amendment

23. “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Ninth Amendment

24. The Ninth Amendment allowed for the protection of rights not specifically listed in the Constitution
The rights of Americans are not limited to the ones written in the Bill of Rights.
This eased the Federalists’ (and Hamilton’s) fears about the danger of a bill of rights under future leaders.
Ninth Amendment

25. “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.”
Tenth Amendment

26. THIS IS CALLED THE RESERVE CLAUSE.
The Tenth Amendment reserved the remaining powers to the states.
THIS IS CALLED THE RESERVE CLAUSE.
If any power is not assigned to the federal government in the Constitution, it goes to the state governments.
This was for people who feared that the federal government would try to increase its power.
Tenth Amendment

27. REVIEW QUESTIONS What are the “rights of the accused?”
What is “double jeopardy?”
What is the “confrontation clause?”
Which amendment includes the “reserve clause?”
What is the “reserve clause?”
REVIEW QUESTIONS