Bill of Rights

The First 10 Amendments to the Constitution

Let us back up…why did we write this document?

The colonists rebelled because their natural rights were denied. These are:– Right to Life– Liberty– Pursuit of Happiness (Property Ownership)

After the Revolutionary War, the Articles of Confederation was created. Did it protect the natural rights? No!

So we created the Constitution to make a better government. – Even though we made a stronger national

government, it still failed to address our individual rights.

– When the Constitution was getting Ratified, or approved, in order to get it passed states made the condition that personal rights and liberties be added.

So in 1791, the first ten Amendments, or revisions, to the Constitution were made.

¾ of the States approve the first 10 Amendments.

We call these 1st 10 Amendment the Bill of Rights

Today we have a total of 27 Amendments.

1st Amendment

5 Parts to the 1st Amendment

- Freedom of Religion

- Freedom of Speech

- Freedom of the Press

- Freedom of Assembly

- Right to 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 Public 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-GovernmentCans 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—The persons individual right to religion Can 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 a 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—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 mediaCan 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”

Vocab: Assemble(1st) To gather together

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”

Vocab: Petition (1st) To ask the government to change something

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

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.”

Vocab: Bear (2nd) – To Possess or use

Original Intention vs. Modern Interpretation

Originally: Make sure states have the right to create an armed militia (citizen soldiers)

Today: Right for individuals to own guns.

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.

Vocab: Quarter (3rd): To house, to shelter

Rights of the Accused Amendments #4-8Important to preserve freedom

Fourth Amendment

Protects your right to privacy (personal belongingness, property, etc.)

The government cannot seize any of your property without two things occurring.

1. A warrant given to a judge2. Probable cause is needed (A

good reason)

Vocabulary

Seizure (4th) To take away

Probable Cause (4th) A good reason

Fifth Amendment

In order to be charged for a crime an indictment must be given.

Vocabulary:

Indict (5th) - to charge with a crimeDouble Jeopardy (5th) – You cannot be tried for the same crime

twice. This applies only to criminal cases.

You also do not have to testify against your self. “I plead the fifth”

Fifth Amendment

You must have due process of law before you are convicted.

Due Process of law (5th) Rules that protect people, fair treatment when arrested. (Government has to follow the laws and rules it has put in place)-Miranda Rights – You have the right to remain silent…

The government cannot take your land unless it has a really good reason to and they must pay you fairly for the loss of your land.

Sixth Amendment (criminal cases)

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

Vocabulary : Impartial (6th):

Not Biased

Sixth Amendment continued

You must be told of charges (Accusation)

You must be provided a lawyer if you cannot afford one (Counsel)

Counsel (6th) a lawyer

Accusation (6th) Told you did something

7th Amendment (Civil Cases)

Deals with Common law that are over $20.

Vocabulary Common Law (7th): Non Criminal Cases, Civil cases involve $$$$

Examples: Suing somebody for something, Divorce cases

Eighth Amendment

No excessive bailVocab: Bail (8th) : Payment to get out of Jail

No cruel and unusual punishment

i.e. They can’t give me a $50,000 bail for stealing a doughnut. They also cannot decide to not feed me in jail or give me access to the bathroom.

9th Amendment

Vocabulary Enumerated (9th) : To list

Just because a right is not mentioned (enumerated) in the Bill of Rights, does not mean that the government automatically has the right to interfere with it.

Instead, the 9th Amendment says that any right not enumerated, or listed, in the Constitution is still retained by the people.

So, in plain language, it means that there are other rights that people have that are not listed in the Constitution.

The Founding Fathers realized that they could not possibly list every natural right of human beings that needed protection. Instead, they delegated certain powers to the government that were specifically spelled out in the Constitution, and said everything else is left up to individuals and to their state governments.

I.e – You have the right to travel.

10th Amendment

Vocabulary – Delegate (10th) to assign or give– Reserve (10th) to set aside , retain

All other powers not mentioned in the Constitution are delegated (given) to the states.

Why? To hope that the National Government never had too much power if the rest of the power was given to the states.