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Bill of Rights
Chapter 4
Focus
 Which rights do you think are the most
important to you?
Agenda
Why do we have a Bill of Rights?
First 10 Amendments
Other Amendments that protect our
rights
Why a Bill of Rights?
 Federalists –
Supporters of the
Constitution who
favored a strong
national government
 Alexander
Hamilton, James
Madison, and John Jay
published a series of
articles known as the
Federalist Papers to
get people to support
the Constitution
Why a Bill of Rights?
The accumulation of all powers legislative, executive
and judiciary in the same hands, whether of one, a
few or many, and whether hereditary, self
appointed, or elective, may justly be pronounced the
very definition of tyranny. – Federalist Papers No. 47
Why a Bill of Rights?
 Antifederalists –
People who
opposed the
Constitution and did
not support a strong
federal government
Why a Bill of Rights?
 Some people were
afraid that states might
not ratify, or approve
the Constitution without
a Bill of Rights.
 Thomas Jefferson
 Stated that a Bill of
Rights was the only
way to prevent the
government abusing
people’s rights
 Afraid government
would abuse rights like
King George
Why a Bill of Rights?
 Alexander Hamilton thought
that a Bill of Rights was
unnecessary
 Argued that the nation
did not need laws to
prevent the government
from doing things that
the Constitution gave it
no power to do
 James Madison introduced
12 amendments to protect
rights in 1791
 10 Amendments, known
as the Bill of
Rights, adopted
Bill of Rights
 First 10
Amendments to
the Constitution
 Protects the basic
rights of citizens
 Became a symbol of
human rights and
freedom around the
world
Bill of Rights – 1st Amendment
1st Amendment –
guarantees
religious and
political freedoms
Freedom of religion
Prevents
government from
establishing a state
government or
favoring one religion
over another
Separation of church
and state – clear
division between
government and
religion
Bill of Rights – 1st Amendment
 Freedom of speech
 Right to express
one’s ideas without
fear of punishment
 Limits to free speech
(slander, false
panic, treason, etc.)
 Freedom of the
Press
 People can publish
their ideas
Bill of Rights – 1st Amendment
 Freedom of Assembly
 Right to form and belong
to groups and to gather
together peacefully
 Political
rallies, demonstrations, p
olitical
organizations, labor
unions
 Freedom to Petition
 Right to tell members of
the government what
they want to be done
Bill of Rights – 1st Amendment
 Graffiti: Freedom of Speech?
Bill of Rights – 2nd Amendment
 2nd Amendment –
Right to bear
arms
 Debate over what
this means – private
ownership?
Bill of Rights – 2nd Amendment
 “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.”
 "I ask, Sir, what is the militia? It is the whole
people. To disarm the people is the best and most
effectual way to enslave them."
George Mason
Co-author of the Second Amendment
during Virginia's Convention to Ratify the
Constitution, 1788
Bill of Rights – 3rd Amendment
 3rd Amendment -
Prohibits the
government from
forcing people to
house soldiers
 Military cannot force
people to quarter
soldiers
 Prevents things like
the Quartering Act
Bill of Rights – 4th Amendment
 4th Amendment -
Protects from
unreasonable
searches and
seizures
 Cannot enter and
search a person’s
home without reason
 Cannot arrest
someone without just
cause
 Police need probable
cause and a warrant
Bill of Rights – 4th Amendment
 It's My Locker
 Ms. Jones: Peter and Patty, please open your
lockers. It has been reported to the office that you
brought pagers to school. You know it is against the
rules to have a pager at school.
 Peter: I do not have a pager in my locker. I will not
open this locker without you getting a search warrant.
 Patty: I also do not have pagers in my locker. Unless
you have a search warrant, you have no right to search
my locker.
 Ms. Jones: I have here the combinations to both of
your lockers. If you will not open the lockers for me, I
will open them on my own.
 Peter: If you find anything, you cannot use it against
me to punish me.
 Patty: Don't you know anything about the Fourth
Amendment? You can't just search anywhere that you
want. This is my private locker.
Bill of Rights – 5th Amendment
5th Amendment - Person accused of
a crime will not be denied
life, liberty, or property without due
process. 5 parts
Indictment by a Grand Jury
Does the evidence suggest that the person
committed the crime?
Protects against self-incrimination
Having to testify against oneself.
Bill of Rights – 5th Amendment
 Protects against double
jeopardy
 Being tried twice for
the same crime.
 Due process
 Government must act
within the law
 Eminent domain
 Government can take
property for public use
as long as they give
fair compensation.
Bill of Rights – 5th Amendment
 Eminent Domain in the news
Bill of Rights – 6th Amendment
 6th Amendment –
Rights of an
accused person
 Know the nature of
the charges
 Right to know what
they are accused of
 Know the Witnesses
 Right to know who
will act as witnesses.
They can also
provide their own
witnesses.
Bill of Rights – 6th Amendment
 Right to a Speedy
Trial and Impartial
Jury
 Date of trial set and
an unbiased jury
 Right to a Lawyer
 Right to have some
defend them. If
they cannot afford
one, the government
will provide them
with one.
Bill of Rights – 6th Amendment
6th Amendment Video
Bill of Rights – 7th Amendment
7th Amendment
– Trial by jury
in civil case
 Cases not dealing
with crimes
Bill of Rights – 8th Amendment
 8th Amendment – Protects against
imprisonment or punishment that is
excessive
 Excessive bail
Bail, or posting a cash guarantee, permits the
person to go free until their trial.
 Cruel and Unusual Punishment
Penalty should fit the crime
Bill of Rights – 9th Amendment
 9th Amendment –
People have
rights that aren’t
mentioned in the
Constitution
 Can’t possibly list
every single
right, but wanted to
let people know they
had other rights.
Bill of Rights – 10th Amendment
 10th Amendment –
Powers not given to
the federal
government are given
to the states or the
people
 Stops the US
government from
taking more power than
the Constitution gives
it.
 Balance power between
State and Federal
governments
Bill of Rights
Other Amendments – Civil Rights
 13th Amendment –
Abolished slavery
 14th Amendment –
Citizenship to
African Americans
and every citizen
has equal protection
under the law
Other Amendments - Voting
 Originally, some white
men, women and African
Americans were not
allowed to vote
 15th Amendment –
Cannot deny voting based
on race or color
 17th Amendment – Direct
election of senators
 Previously, the state
legislature elected senators
 Increased direct
representation
Other Amendments - Voting
 19th Amendment – Cannot deny voting
based on gender
 Susan B. Anthony
 Carrie Chapman
 Women’s Suffrage Movement
 23rd Amendment – Residents of
Washington DC the right to vote for
President and Vice President
Other Amendments - Voting
Iron Jawed Angels Clip
Other Amendments - Voting
 24th Amendment –
Banned use of poll taxes
 Poll tax – tax a person had
to pay to register to vote
 Tried to prevent African
Americans from voting
 26th Amendment –
Decreased voting age to
18
 Previously was 21.
 During Vietnam
War, soldiers stated that if
they were old enough to
die for their country, they
should be old enough to
vote.

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Bill of rights

  • 2. Focus  Which rights do you think are the most important to you?
  • 3. Agenda Why do we have a Bill of Rights? First 10 Amendments Other Amendments that protect our rights
  • 4. Why a Bill of Rights?  Federalists – Supporters of the Constitution who favored a strong national government  Alexander Hamilton, James Madison, and John Jay published a series of articles known as the Federalist Papers to get people to support the Constitution
  • 5. Why a Bill of Rights? The accumulation of all powers legislative, executive and judiciary in the same hands, whether of one, a few or many, and whether hereditary, self appointed, or elective, may justly be pronounced the very definition of tyranny. – Federalist Papers No. 47
  • 6. Why a Bill of Rights?  Antifederalists – People who opposed the Constitution and did not support a strong federal government
  • 7. Why a Bill of Rights?  Some people were afraid that states might not ratify, or approve the Constitution without a Bill of Rights.  Thomas Jefferson  Stated that a Bill of Rights was the only way to prevent the government abusing people’s rights  Afraid government would abuse rights like King George
  • 8. Why a Bill of Rights?  Alexander Hamilton thought that a Bill of Rights was unnecessary  Argued that the nation did not need laws to prevent the government from doing things that the Constitution gave it no power to do  James Madison introduced 12 amendments to protect rights in 1791  10 Amendments, known as the Bill of Rights, adopted
  • 9. Bill of Rights  First 10 Amendments to the Constitution  Protects the basic rights of citizens  Became a symbol of human rights and freedom around the world
  • 10. Bill of Rights – 1st Amendment 1st Amendment – guarantees religious and political freedoms Freedom of religion Prevents government from establishing a state government or favoring one religion over another Separation of church and state – clear division between government and religion
  • 11. Bill of Rights – 1st Amendment  Freedom of speech  Right to express one’s ideas without fear of punishment  Limits to free speech (slander, false panic, treason, etc.)  Freedom of the Press  People can publish their ideas
  • 12. Bill of Rights – 1st Amendment  Freedom of Assembly  Right to form and belong to groups and to gather together peacefully  Political rallies, demonstrations, p olitical organizations, labor unions  Freedom to Petition  Right to tell members of the government what they want to be done
  • 13. Bill of Rights – 1st Amendment  Graffiti: Freedom of Speech?
  • 14. Bill of Rights – 2nd Amendment  2nd Amendment – Right to bear arms  Debate over what this means – private ownership?
  • 15. Bill of Rights – 2nd Amendment  “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.”  "I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them." George Mason Co-author of the Second Amendment during Virginia's Convention to Ratify the Constitution, 1788
  • 16. Bill of Rights – 3rd Amendment  3rd Amendment - Prohibits the government from forcing people to house soldiers  Military cannot force people to quarter soldiers  Prevents things like the Quartering Act
  • 17. Bill of Rights – 4th Amendment  4th Amendment - Protects from unreasonable searches and seizures  Cannot enter and search a person’s home without reason  Cannot arrest someone without just cause  Police need probable cause and a warrant
  • 18. Bill of Rights – 4th Amendment  It's My Locker  Ms. Jones: Peter and Patty, please open your lockers. It has been reported to the office that you brought pagers to school. You know it is against the rules to have a pager at school.  Peter: I do not have a pager in my locker. I will not open this locker without you getting a search warrant.  Patty: I also do not have pagers in my locker. Unless you have a search warrant, you have no right to search my locker.  Ms. Jones: I have here the combinations to both of your lockers. If you will not open the lockers for me, I will open them on my own.  Peter: If you find anything, you cannot use it against me to punish me.  Patty: Don't you know anything about the Fourth Amendment? You can't just search anywhere that you want. This is my private locker.
  • 19. Bill of Rights – 5th Amendment 5th Amendment - Person accused of a crime will not be denied life, liberty, or property without due process. 5 parts Indictment by a Grand Jury Does the evidence suggest that the person committed the crime? Protects against self-incrimination Having to testify against oneself.
  • 20. Bill of Rights – 5th Amendment  Protects against double jeopardy  Being tried twice for the same crime.  Due process  Government must act within the law  Eminent domain  Government can take property for public use as long as they give fair compensation.
  • 21. Bill of Rights – 5th Amendment  Eminent Domain in the news
  • 22. Bill of Rights – 6th Amendment  6th Amendment – Rights of an accused person  Know the nature of the charges  Right to know what they are accused of  Know the Witnesses  Right to know who will act as witnesses. They can also provide their own witnesses.
  • 23. Bill of Rights – 6th Amendment  Right to a Speedy Trial and Impartial Jury  Date of trial set and an unbiased jury  Right to a Lawyer  Right to have some defend them. If they cannot afford one, the government will provide them with one.
  • 24. Bill of Rights – 6th Amendment 6th Amendment Video
  • 25. Bill of Rights – 7th Amendment 7th Amendment – Trial by jury in civil case  Cases not dealing with crimes
  • 26. Bill of Rights – 8th Amendment  8th Amendment – Protects against imprisonment or punishment that is excessive  Excessive bail Bail, or posting a cash guarantee, permits the person to go free until their trial.  Cruel and Unusual Punishment Penalty should fit the crime
  • 27. Bill of Rights – 9th Amendment  9th Amendment – People have rights that aren’t mentioned in the Constitution  Can’t possibly list every single right, but wanted to let people know they had other rights.
  • 28. Bill of Rights – 10th Amendment  10th Amendment – Powers not given to the federal government are given to the states or the people  Stops the US government from taking more power than the Constitution gives it.  Balance power between State and Federal governments
  • 30. Other Amendments – Civil Rights  13th Amendment – Abolished slavery  14th Amendment – Citizenship to African Americans and every citizen has equal protection under the law
  • 31. Other Amendments - Voting  Originally, some white men, women and African Americans were not allowed to vote  15th Amendment – Cannot deny voting based on race or color  17th Amendment – Direct election of senators  Previously, the state legislature elected senators  Increased direct representation
  • 32. Other Amendments - Voting  19th Amendment – Cannot deny voting based on gender  Susan B. Anthony  Carrie Chapman  Women’s Suffrage Movement  23rd Amendment – Residents of Washington DC the right to vote for President and Vice President
  • 33. Other Amendments - Voting Iron Jawed Angels Clip
  • 34. Other Amendments - Voting  24th Amendment – Banned use of poll taxes  Poll tax – tax a person had to pay to register to vote  Tried to prevent African Americans from voting  26th Amendment – Decreased voting age to 18  Previously was 21.  During Vietnam War, soldiers stated that if they were old enough to die for their country, they should be old enough to vote.

Editor's Notes

  1.  1.  Who is right?  Patty and Peter?  The principal?2.  If the principal does not find anything, does this mean she violated Patty's and Peter's Fourth Amendment rights? 3.  Did the principal need a reason to search their lockers? 4.  See T.L.O. v. New Jersey.  (In this case, the U.S. Supreme Court held that if the school had probable cause to believe that a school rule had been broken, a search could be made.)