Bill of RightsBill of Rights

Civics Civics

Web VersionWeb Version

BackgroundBackground Articles of ConfederationArticles of Confederation

– Federal government lacked powerFederal government lacked power– Shay’s Rebellion a sign of discontentShay’s Rebellion a sign of discontent

ConstitutionConstitution– Need for a Bill of RightsNeed for a Bill of Rights

» Protection of individual rights and state’s rightsProtection of individual rights and state’s rights

» Needed for ratification of ConstitutionNeeded for ratification of Constitution

December 15, 1791 …3/4 had December 15, 1791 …3/4 had ratifiedratified

First AmendmentFirst Amendment Freedom of ReligionFreedom of Religion - prohibits the government - prohibits the government from establishing a state religion…along with the from establishing a state religion…along with the

freedom to worship as one choosesfreedom to worship as one chooses Freedom of the PressFreedom of the Press - guarantees the right to - guarantees the right to

publish ideas and to read the ideas of otherspublish ideas and to read the ideas of others Freedom of SpeechFreedom of Speech - right to express one’s idea - right to express one’s idea

without fear of punishmentwithout fear of punishment Freedom of AssemblyFreedom of Assembly - right to form and belong to - right to form and belong to

groups and to gather peacefullygroups and to gather peacefully Right to PetitionRight to Petition – Americans can express their – Americans can express their

ideas to the governmentideas to the government

First Amendment ExamplesFirst Amendment Examples Freedom of ExpressionFreedom of Expression

– School Uniforms ?School Uniforms ?– Art and musicArt and music– Flag burningFlag burning

LimitationsLimitations– Committing treasonCommitting treason– False PanicFalse Panic– SlanderSlander

Newspapers and TVNewspapers and TV Schools and Public Buildings vs. religionSchools and Public Buildings vs. religion

Second Second AmendmentAmendment The Right to Bear ArmsThe Right to Bear Arms

– Private ownership of weaponsPrivate ownership of weapons» LimitationsLimitations

» NRANRA

– MilitiasMilitias

Can one own a machine gun?Can one own a machine gun? Can one walk around with a gun?Can one walk around with a gun?

Third AmendmentThird Amendment Prohibits the government from forcing the people to Prohibits the government from forcing the people to

house and feed soldiers during peacetime.house and feed soldiers during peacetime.– Popular grievance before and during the RevolutionPopular grievance before and during the Revolution– Examples: Quartering Act and Intolerable ActsExamples: Quartering Act and Intolerable Acts

Fourth AmendmentFourth Amendment Protects the citizens from unreasonable search and Protects the citizens from unreasonable search and

seizures…Privacy amendmentseizures…Privacy amendment ProtectionsProtections

– Unreasonably taking a person’s propertyUnreasonably taking a person’s property– Entering and searching without reasonEntering and searching without reason– Seizing or arresting a person without just causeSeizing or arresting a person without just cause

Probable CauseProbable Cause – reason to believe a crime – reason to believe a crime

has been committedhas been committed WarrantWarrant: search and arrest…legal document: search and arrest…legal document

issued by a judge granting permissionissued by a judge granting permission

A person accused of a crime will not A person accused of a crime will not

be denied the right to life, liberty, or be denied the right to life, liberty, or

property w/o property w/o due processdue process Five major issuesFive major issues

1)1) Indictment by Grand JuryIndictment by Grand Jury

2)2) Protection against Double JeopardyProtection against Double Jeopardy

3)3) Protection against Self-IncriminationProtection against Self-Incrimination

4)4) Due ProcessDue Process

5)5) Protection in cases of Eminent DomainProtection in cases of Eminent Domain Miranda Warning

Sixth AmendmentSixth Amendment Guarantees the rights of the accusedGuarantees the rights of the accused

Know the nature of the chargesKnow the nature of the chargesWitnessesWitnesses

Accused can have witnessesAccused can have witnessesKnow who will act as witnessesKnow who will act as witnessesBe able to challenge those witnesses in courtBe able to challenge those witnesses in court

Speedy and Public trialSpeedy and Public trialImpartial JuryImpartial Jury

Jury from the area of the crimeJury from the area of the crime

Right to an attorneyRight to an attorney

Seventh Seventh AmendmentAmendment

Citizens have the right to a trial by Citizens have the right to a trial by

jury in civil casesjury in civil cases– in amounts over $20.00in amounts over $20.00

Eighth Eighth AmendmentAmendment

Protects the accused againstProtects the accused against

imprisonment or punishmentimprisonment or punishment

that is excessivethat is excessive– protection against excessiveprotection against excessive

bailbail– protection against cruel and unusual punishmentprotection against cruel and unusual punishment

How can we have capital punishment?How can we have capital punishment?

What about victims rights?What about victims rights?

Anything but a lecture on the Bill of

Rights!!!!!!!!!!!

Ninth and Tenth Ninth and Tenth AmendmentsAmendments

99thth - declares that people have rights - declares that people have rights

beyond those mentioned in thebeyond those mentioned in the

ConstitutionConstitution– for example:for example: live where we wantlive where we want

choose schools for childrenchoose schools for children

work at a job we wantwork at a job we want

traveltravel

marry and have children (or not)marry and have children (or not)

1010thth – the powers not specifically given to – the powers not specifically given to

federal government are given tofederal government are given to

the states or the peoplethe states or the people

Other AmendmentsOther Amendments1313thth - 1865 - 1865

Abolition ofAbolition of

SlaverySlavery

1414thth – 1868 – 1868

Rights of Rights of citizenship, due citizenship, due process and equal process and equal protectionprotection

1515thth – 1870 – 1870

Voting rights Voting rights regardless of raceregardless of race

1616thth – 1913 – 1913

Income TaxIncome Tax

1818thth – 1919 – 1919

Prohibition ofProhibition of

liquorliquor

1919thth – 1920 – 1920

Women’s votingWomen’s voting

rightsrights

2121stst - 1933 - 1933

Repeal of the 18Repeal of the 18thth

2222ndnd – 1951 – 1951

Two term limit on Two term limit on presidentpresident

2626th th - 1971 - 1971

Voting age 18Voting age 18

ReviewReview1.1. Speech, press, religion, Speech, press, religion,

assembly, petitionassembly, petition

2.2. Bear armsBear arms

3.3. Quartering soldiersQuartering soldiers

4.4. Unreasonable search and Unreasonable search and seizureseizure

5.5. Rights of the accusedRights of the accused– life, liberty, and property life, liberty, and property

w/o due processw/o due process

6.6. Rights of the accusedRights of the accused– jury trial, lawyer, speedy jury trial, lawyer, speedy

and public trialand public trial

7.7. Trial by jury in civil casesTrial by jury in civil cases

8.8. Excessive imprisonment, Excessive imprisonment, bail, and punishmentbail, and punishment

9.9. People have rights not People have rights not mentioned in the mentioned in the ConstitutionConstitution

10.10. Powers not given to the Powers not given to the federal government are federal government are reserved for the states (and reserved for the states (and people)people)

The EndThe End