+The Bill of Rights

The first 10 amendments

To the U. S. Constitution

+

What is a right?

+

Where are our rights listed?

The Florida Constitution

+

What is the purpose of a Constitution?States how the government is organized and its functions

Lists some (but not all) of our rights

Limits the powers of government

+Who does the Constitution protect us from?

+What are the first 10 amendments to our US Constitution called?

+Bill of Rights

Anti-Federalists proposed to add a Bill of Rights at the Constitutional Convention

At the first meeting of Congress in 1789, James Madison Proposed 17 amendments, of which 12 were accepted by the other Congressmen.

By Dec. 15, 1791, ¾ of the states had ratified 10 of the amendments.

+

Who makes sure our rights are protected?

+How It Works

Rights are granted by the Constitution, and the Constitution is protected by the Courts.

Granted by Protected by

+Let’s look at some of the rights in our US Constitution

+The first amendment—5 rights mentioned

Freedom of Speech

Freedom of Religion

Freedom of the Press

Freedom of Assembly

Right to petition the government

+

Freedom of Religion

+Amendment 1Congress 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 to peaceably assemble, and to petition the Government for

a redress of grievances.

Establishment clause: Congress may not establish (set up) an official religion for

our country or favor any one religion over others

Free exercise clause: Congress may not stop you from holding any religious

beliefs you choose or from having no religious beliefs at all; the government

cannot unfairly limit your right to practice your religion

+ CHURCH STATE

“Wall of separation” between church and state ~Thomas Jefferson

+

Establishment clause-Government

Cans Cannot Teach about religions in school

Allow voluntary prayer in many examples

Transport students to a religious school

Read Bible for culture or literacy content

Set a state religion

Government cannot order a prayer

Teach religious doctrine in the school

Pay seminary teachers

Teach creationism

+Free Exercise—The personCan Cannot

Choose whatever religion

Lead a prayer in most examples

Ask questions about religions

Worship who ever you want

Break the law and claim it is religious belief

Raise children without education

Deprive children of basic needs

+

Freedom of Speech

+Amendment 1

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 to peaceably assemble, and to petition the Government for a redress of

grievances.

+Speech: the communication or expression of thoughts to convey a message

Should speech ever be limited?

FIRE!

+

Free speech– The individual can: Say any political belief

Protest (without getting out of control)

Say things about someone that are true

Free speech means someone might say something you disagree with

+Free speech—limits on the person

Threaten to blow up airplanes, schools or the president

Create too much social chaos

Extremely crude language in a public form

Disrespectful, vulgar language in schools

Hate crimes

+

Freedom of the Press

+Amendment 1

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 to peaceably

assemble, and to petition the Government for a redress of

grievances.

Press: The media and any other organizations that print, broadcast, or gather and transmit news.

Do you think the press should

have some limits?

If so, why?

+Freedom of the press-the pressCan Cannot

Print any political position

Make fun of people, especially politicians/celebrities

Expose wrongs by the government

Say things you might not agree with

Libel– intentionally injuring a person’s reputation by false facts Defamation of Character

Disclose defense-security secrets

Detail how to make a certain weapons

+

Right to Peaceably Assemble

+Amendment 1

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 to peaceably assemble, and to petition the Government for a redress of

grievances.

Assemble: To bring together or to gather in one place

Peaceably: Not violent; calm

Where do you have the right to assemble?

What are possible limitations?

Park Sidewalk

Time

Street

Place Manner

+Petition the Government

“Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”

+Petition the government

You may sue the government for wrongs

You cannot be punished for exposing wrongs by the government

The courts decide the wrongs

+

Right to Bear Arms

+

Amendment 2

A well regulated Militia, being necessary to the security of the

free State, the right of the people to keep and bear Arms,

shall not be infringed.

+When is the use of guns NOT okay?

Should people even be allowed to use guns?

What does the Second Amendment say about it?

Third Amendment

The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.

+

Right to protection from unreasonable searches and seizures

+Amendment IVThe 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 of affirmation, and particularly describing the place to be searched,

and the persons or things to be seized.

Search: To go or look through carefully to find something

Seizure: The taking of a person, an item, or property

+Important IssuesWarrants Probable Cause Exclusionary Rule

Enough evidence to reasonably believe that an

illegal act is being or has been done.

Warrant: allows search and seizure of property, items, etc.

Police officers who want a warrant have to give enough facts to convince the judge

there is probable cause.

Exceptions: Warrants are not always required

depending on the circumstances.

Prevents the government from using evidence at

trial that was gathered illegally.

Fruit of the poisonous tree

+Protection from Self-Incrimination

+Amendment VNo 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.

Self-incrimination: Testifying against yourself; being compelled by the

government to provide evidence or factual information that connects you to

an offense (crime).

I want to

plead the

Fifth.

+Fifth Amendment

You cannot be tried for the same crime twice—called “Double Jeopardy”

You do not have to testify against your self. “I plead the fifth”

You must have due process of law before you are convicted

The government cannot take your land unless it pays.

+

Criminal Cases- Right to Attorney & Trial by Jury

+Amendment VIIn 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 favor, and to have the assistance

of counsel for his defense.

Jury: a group of persons selected and sworn to give a decision/verdict based

on facts in a legal caseJury Trial: a trial before a jury of one’s

peers (equals)

What are benefits of

having a jury trial?

What are the

problems with having a jury trial?

7th Amendment

Right to a trial by jury in civil cases. Meaning you are suing someone else or being sued

No crime has been committed

Civil cases are usually between people and each other or businesses/companies.

+

Right to protection from cruel and unusual punishment

+

Amendment VIII

Excessive bail shall not be required, nor excessive fines

imposed, nor cruel and unusual punishments inflicted.

+

Back in the 1700s, people received cruel and unusual punishment for breaking the law.

What kind of behavior do you think would be cruel and unusual?

Cruel & Unusual: Involving torture or a lingering death; barbarous; inhuman;

involving the unnecessary and wanton infliction of pain

9th Amendment

There are additional rights, even if they are not written.

Includes the right to privacy

10th Amendment

Powers not given to the Federal government belong to the states or to the people.