The document discusses the differences between Federalists and Anti-Federalists during the drafting and ratification of the US Constitution. The Federalists favored a strong central government and believed the original Constitution protected individual rights, while the Anti-Federalists wanted power divided among state governments and demanded a Bill of Rights to outline citizens' protected rights. The Bill of Rights was ultimately added and includes protections for freedom of religion, speech, press, assembly, rights to bear arms, protection from unlawful search and seizure, self-incrimination, and cruel and unusual punishment. It also guarantees due process, eminent domain compensation, and the rights to legal counsel and trial by jury.
5. The Bill of Rights
• The first ten amendments to the United
States Constitution
– Amendments are changes or additions to a
document
• There were originally 12 amendments in the
Bill of Rights, but only 10 were approved in
1789.
6. Bill of Rights Overview
Produced by Belinda Stutzman for TedEd
8. The First Five Rights
• Find the five rights in the First Amendment:
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 peaceably to assemble,
and to petition the Government for a
redress of grievances.
9. The First Five Rights
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 peaceably to
assemble,
and to petition the Government for a redress of
grievances.
10. Right to Bear Arms
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.
11. Protection from Unreasonable
Search and Seizure
• The right of the people to be secure…against
unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue,
but upon probable cause…
14. Due Process
• No person shall…be deprived of life, liberty,
or property, without due process of law…
15. Eminent Domain
• …Nor shall private property be taken for
public use, without just compensation.
16. Right to Legal Counsel
• In all criminal prosecutions the accused
shall…have the Assistance of Counsel for his
defence.
17. Right to Trial by Jury
• In 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…
• In suits at common law, where the value in
controversy shall exceed twenty dollars, the
right of trial by jury shall be preserved…
18. Protection from Cruel and
Unusual Punishment
• Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.
20. Equal Protection
• No State shall make or enforce any law
which shall …deprive any person of life,
liberty, or property, without due process of
law; nor deny to any person within its
jurisdiction the equal protection of the
laws.
21. The Right to Vote (Suffrage) shall
not be denied on account of:
• Race, color, or previous condition of
servitude;
• Gender;
• Failure to pay poll tax or other tax;
• Age for those who are 18 and older.
Students should copy these distinctions in their notes in a side-by-side comparison.
https://www.youtube.com/watch?v=yYEfLm5dLMQ
Discuss each of the rights with the students.
Religion: Congress cannot establish an official religion or prohibit people from practicing their religion.
Speech: is speech just the words that come out of your mouth? No. Speech includes messages on t-shirts, signs, or symbolic speech like wearing a certain color to represent something or wearing and armband as a form of peaceful protest. It can also include what you say on Facebook, Twitter, Instagram, and other social media.
Press: this includes publications like newspapers, magazines, items published on the internet, etc. Freedom of press is important because it allows media to report on news and keeps the government from becoming the main source of news. What would happen if the government was the only party that could provide the news?
Assembly: This is the right of people to come together peaceably. This includes peaceful protests, religious services, civic meetings, and much more.
Petition: To petition is to make a formal request of government. This right allows the people to make formal requests of government like petition for certain rights, lower taxes, or government services.
Ask the students who is responsible for interpreting the meaning of the Constitution. The judicial branch. The second amednment has been the subject of many debates – did the Founders think just the militia should have arms? Did they think it was the right of all people?
The court has determined in D.C. v. Heller. From the opinion: The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Like most rights, the Second Amendment right is not unlimited. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.