US History Ch 9.2

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US History Ch 9.2

  1. 1. U.S. History Chapter 9: Citizenship & the Constitution Section 2: The Bill of Rights
  2. 2. The First Amendment • Antifederalists against Constitution due to absense of a bill of rights U.S. Constitution
  3. 3. The First Amendment • Patrick Henry pushed for rejection Patrick Henry
  4. 4. The First Amendment • James Madison initially opposed amending the Constitution James Madison
  5. 5. The First Amendment • Promises a bill of rights to secure ratification • Congress approves 12 amendments • States ratify 10 amendments
  6. 6. “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.” --United States Constitution, First Amendment
  7. 7. The First Amendment • First Amendment: protects the most basic rights of U.S. citizens: – Religion – Press – Speech – Assembly – Petition
  8. 8. The First Amendment • Religion – Congress may not support/interfere w/ religion – No state religion
  9. 9. The First Amendment • Press –Zenger case –Limitations: Slander/Libel
  10. 10. The First Amendment • Speech – Freely express and hear idea/views – Limitations: may not endanger public safety
  11. 11. The First Amendment • Assembly –Must be peaceful –Must not involve illegal activity
  12. 12. The First Amendment •Petition—to make a request of government
  13. 13. “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. “ --United States Constitution, Second Amendment
  14. 14. Protecting Citizens • Second Amendment –Deals w/ state militias –Gun control laws do not violate Second Amendment
  15. 15. “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. “ --United States Constitution, Third Amendment
  16. 16. Protecting Citizens •Third Amendment –Prohibits military from forcing citizens to house soldiers
  17. 17. “The 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 or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.“ --United States Constitution, Fourth Amendment
  18. 18. Protecting Citizens • Fourth Amendment – Prohibits “unreasonable searches and seizures” – Prohibits authorities from examining a citizen’s property without a search warrant
  19. 19. “No person shall be held to answer for any 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 offence 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.” --United States Constitution, Fifth Amendment
  20. 20. Protecting Citizens •Fifth Amendment –Due Process—fair application of the law
  21. 21. Protecting Citizens • Fifth Amendment –Grand jury indictment required –Protection against self- incrimination
  22. 22. Protecting Citizens • Fifth Amendment –Prohibits Double Jeopardy—to be tried twice for the same crime
  23. 23. Protecting Citizens • Fifth Amendment –Eminent Domain—the power to take personal property for public benefit
  24. 24. “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 where in 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 his favor, and to have the Assistance of Counsel for his defense.” --United States Constitution, Sixth Amendment
  25. 25. Protecting Citizens • Sixth Amendment –Quick, public trial by jury –Right to know charges
  26. 26. Protecting Citizens • Sixth Amendment –Hear/Question witnesses for/against –Right to an attorney
  27. 27. “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. “
  28. 28. “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.” --United States Constitution, Seventh Amendment
  29. 29. Protecting Citizens • Seventh Amendment –Juries may decide civil cases
  30. 30. bail shall not be “Excessive required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” --United States Constitution, Eighth Amendment
  31. 31. Bail & Punishment • Eight Amendment –Prohibits excessive bail –Prohibits cruel & unusual punishment
  32. 32. Cruel & unusual?
  33. 33. enumeration in the “The Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” --United States Constitution, Ninth Amendment
  34. 34. The Rights of States & Citizens • Ninth Amendment –The rights listed in the Constitution are not the only rights citizens have
  35. 35. powers not delegated to the “The United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” --United States Constitution, Tenth Amendment
  36. 36. The Rights of States & Citizens • Tenth Amendment –Any powers not specifically granted to Congress or denied to the states belong to the states
  37. 37. The Bill of Rights 1 2 3 4 5 6 7 8 9 10

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