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CHAPTER 6: THE BILL OF RIGHTS
Section 1 – Adding the Bill of Rights
ADDING THE BILL OF RIGHTS Why do we need a Bill of Rights?
Anti-federalists
The first changes to the Constitution were made through the amendment process -
THE AMENDMENT PROCESS Changes to the constitution must
1. Approved by Congress 2.
Can either reject or ratify it
Proposing amendmentsCan be done in two different ways
1. Congress
2. A national convention ( ) Convention must be called by 2/3 of the state
legislatures
THE AMENDMENT PROCESS Ratification
Two ways 1.
2. Approval by special conventions in ¾ of the national legislatures
Congress decides what method will be used
DEBATE IN CONGRESS 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Preparing the Bill of Rights Looked back at historical documents –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
DEBATE IN CONGRESS The Proposal and Ratification
Committee was put together to begin putting the finishing touches on the Bill of Rights
States ratified –
CHAPTER 6: THE BILL OF RIGHTS
Section 2 – Protections of the Bill of Rights
BILL OF RIGHTS The Bill of Rights was added to protect
the rights of individuals1 –
2 –
3 –
PROTECTIONS OF INDIVIDUAL RIGHTS Freedom of Religion
Separation of church and state –
You may speak and write freely Stipulations –
PROTECTIONS OF INDIVIDUAL FREEDOMS Freedom of Press
Makes our news more objective.Government censors
Limitations: Newspapers are not free to libel –
PROTECTIONS OF INDIVIDUAL FREEDOMS Freedom of Assembly
Citizens can change laws
PROTECTIONS AGAINST THE ABUSE OF POWER
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
PROTECTIONS AGAINST THE ABUSE OF POWER
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
PROTECTIONS AGAINST THE ABUSE OF POWER
Protecting Property Rights The government has the right to eminent
domain –
PROTECTIONS OF THE ACCUSED Protections of the accused –
Citizens are entitled to due process of law –
People who commit crimes still have their right under the Constitution
PROTECTIONS OF THE ACCUSED 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
PROTECTIONS OF THE ACCUSED
Right to Trial by JurySixth 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 lawWhen someone is a
juror they have to make sure their fellow citizens are being treated fairly
PROTECTIONS OF THE ACCUSED Bails, Fines, and Punishments
Bail can’t be ridiculously high
Controversy –
PROTECTIONS OF OTHER RIGHTS 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 -
CHAPTER 6: THE BILL OF RIGHTSSection 3 – Interpreting the Bill of
Rights
INTERPRETATIONS In order to find limits the Bill of Rights
must be testedThe amendments are broad descriptions of
the rights. After this -
THE ROLE OF THE COURTS 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
THE ROLE OF THE COURTS Students and Free Speech
Read through the last section give a brief description of the case and the outcome
THE ROLE OF THE COURTSThe 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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