7th Grade Unit 2b: Constitution Lesson 7: Bill of Rights

7th Grade Unit 2b: Constitution

Lesson 7: Bill of Rights


The Bill of RightsThe Big Idea

The Bill of Rights was added to the Constitution to define clearly the rights and freedoms of citizens.

Main Ideas

• The First Amendment guarantees basic freedoms to individuals.

• Other amendments focus on protecting citizens from certain abuses.

• The rights of the accused are an important part of the Bill of Rights.

• The rights of states and citizens are protected by the Bill of Rights.


The Bill of Rights= The first 10 amendments

To the U. S. Constitution


Who determines what the Bill of Rights mean?

• The Supreme Court makes rulings on the meaning

• The Supreme Court balances the rights of the individual with the needs of society

Individual?? Society??


Main Idea 1:The First Amendment guarantees basic

freedoms to individuals.

• James Madison promised that a bill of rights would be added to the Constitution.

• States ratified ten amendments, called the Bill of Rights.

• Protection of individual liberties is important in a democracy because of majority rule–the idea that the greatest number of people in society can make policies for everyone.

• The First Amendment protects freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition.


Freedom of Religion

Freedom of Assembly

The government cannot support or interfere with the practice of religion, support one religion over another, or establish an official religion.

Basic Rights

Freedom of Speech and of the Press

Americans have the right to express their own ideas and to hear the ideas of others.

Americans have freedom of assembly, or of holding meetings.

Americans have the right to petition, or make a request of the government; this right allows Americans to show dissatisfaction with laws or to suggest new laws.

Right to Petition


The first amendment—5 rights mentioned

• Freedom of Speech

• Freedom of Religion

• Freedom of the Press

• Freedom of Assembly

• Right to petition the government


Five Rights in the Amendment

• Freedom of Religion

• Freedom of speech

• Freedom of the press

• Freedom of Assembly

• Petition the government


Freedom of Religion

• “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of”

• Two clauses:

–Establishment clause

–Free Exercise clause


Establishment and free exercise clause often conflict with each

other

• In schools, the religion issue is most prevalent

• If a student raises his hand and says “teacher, can we say an opening prayer before this test”

• If the teacher says: • “Yes”, It looks like

establishment of religion

• “No”, It is deigning a student free exercise.


Establishment Clause—Government cannot promote

religion


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 of religion


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

• Deprave children of basic needs


Freedom of speech

• “Congress shall make no laws . . . abridging the freedom of speech”


Free speech– The individual can:

• Say any political belief

• Protest (without getting out of control)

• Say things about someone that are true

• Burn the flag

• Say racist and hate slogans

• 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

• Sexual harassment

• Create too much social chaos

• Extremely crude language in a public form

• Disrespectful, vulgar language in schools

• Hate crimes


Freedom of the press

• Congress shall make no law . . . abridging . . . the freedom of the press.”


Freedom of the press-the press

Can Cannot• Print any political

position• Make fun of people,

especially politicians• Expose wrongs by

the government• Say things you

might not agree with

• Libel– intentionally injuring a person’s reputation by false facts

• Disclose defense-security secrets

• Detail how to make a certain weapons


Freedom of Assembly

• Congress shall make no law . . . Abridging . . . The people to peaceably assemble”


Freedom of Assembly--IndividualCan Cannot

• Protest • Parade (with a

permit)• Parade chanting

hate slogans• Gang members

can congregate in public

• Protest by throwing rocks and breaking windows

• Hang out on private land against owners will—loitering

• Teen curfew


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

Main Idea 2:Other amendments focus on protecting

citizens from certain abuses.

• Second Amendment deals with state militias and the right to bear arms

• Third Amendment prevents the military from forcing citizens to house soldiers

• Fourth Amendment protects Americans from unreasonable search and seizure

• Authorities must get a search warrant to search or seize property, except in emergency situations.


2nd Amendment—Right to bear arms

• “A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”


What is the debate with the right to bear arms?

• How much can the government keep guns from criminals and youth?

• In order to keep guns away from criminals, does that limit the right of law abiding citizens?


Gun debate continued

• Thousands of people die every year because of guns

• Thousands of crimes are prevented because of guns

Shoes representing gun deaths.


Third Amendment

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


Rights of the Accused Amendments #4-8

Important to preserve freedom


Fourth Amendment

• What does a policeman need in order to search your home? – A warrant given

to him by a judge – Probable cause

is also needed

Main Idea 3: The rights of the accused are an

important part of the Bill of Rights.

The Fifth, Sixth, Seventh, and Eighth Amendments provide guidelines for protecting the rights of the accused.

The Fifth Amendment• Guarantees the government cannot punish anyone without due

process of law—meaning the law must be fairly applied.

• A grand jury decides if there is enough evidence to indict a person; a court cannot try a person for a serious crime without an indictment.

• This amendment protects people from having to testify at their own trial.

• Anyone found not guilty cannot face double jeopardy—be tried again for the same crime.

• No one can have property taken without due process of law, except in cases of eminent domain.

• Eminent domain is the power to take personal property to benefit the public.

Rights Guaranteed by the Sixth, Seventh, and Eighth

AmendmentsSixth

• Right to a speedy, public trial by jury.

• Right to know charges and hear witnesses.

• Right to impel witnesses to appear.

• Right to an attorney.

Seventh

• Right of trial by jury in civil cases—cases where harm has occurred but not necessarily the breaking of the law.

Eighth

• Allows for bail, a set amount of money that defendants promise to pay the court if they fail to appear at the proper time.

• Bans “cruel and unusual punishments.”


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.


Sixth Amendment

• Right to speedy trial by impartial jury—meaning not favoring either side


Sixth Amendment continued

• You must be told of charges

• You must be provided a lawyer if you cannot afford one


Eighth Amendment

• No excessive bail

• No cruel and unusual punishment

Prisoner kissing his Mom in prison

Main Idea 4:The rights of states and citizens are

protected by the Bill of Rights.

• Ninth and Tenth Amendments give general protection for other rights not addressed by the first eight.

• Ninth Amendment says that the rights listed in the Constitution are not the only rights citizens have.

• Tenth Amendment states that any powers not delegated to the federal government nor prohibited by the Constitution belong to the states and the people.

– Helps keep the balance of power between states and federal government.



• Activity 12: Bill of Rights (GLE: 56)


Closure: Review Daily Objectives

Documents

7th Grade Unit 2b: Constitution Lesson 7: Bill of Rights