Dividing Power

The Bill of RightsAmending the constitution since 1791

RatificationThe Constitution had no guarantee to protect the rights of the people or the states.

Thomas Jefferson himself felt that ,a bill of rights is what the people are entitled to against every government on earthand what no government should refuse

RATIFICATIONAntifederalists: demanded a bill of rights because they feared the strong central government

The states rights are weakenedThe people need a bill of rights to protect them

RatificationFederalists: insisted the Constitution granted only limited powers to the national government

People have the power to protect their own rights through the election of trustworthy leaders

The Federalists agree to add a bill of rights to get the states to finally ratify and pass the Constitution

RatificationDelaware- first to ratify ConstitutionUnanimous vote, 17871788- New Hampshire was the 9th state to ratifyConstitution is passed!

But they still needed the approval of the very large, influential statesNeeded NY and VA to ratify in order to legitimize the Constitution

RatificationHeated debate in VirginiaSupport of Washington and Madison brought Federalist victory in June 1788In New YorkJohn Jay and Hamilton launched a campaign through the Federalist PapersNews of NH and VAs ratification helpedNY ratified on July 26, 1788

Last state to ratify Constitution = Rhode Island (1790)

The bill of rightsState ratifying conventions made a list of 80 amendments to the Constitution that should be included in the new bill of rightsMadison read through them all; produced a list for Congress to consider.

In 1789, Congress submitted 12 amendments to the state legislatures for ratificationBy 1791, of the states had ratified 10 amendments, making them the bill of rights

Amendment IReligious and political freedom

Freedom of ReligionFreedom of SpeechFreedom of PressFreedom of AssemblyFreedom to Petition the Government

Amendment IIRight to bear arms

Amendment IIIQuartering troops

Amendment ivSearch and seizure

Amendment VRights of accused persons

No one can be put on trial for a very serious crime, unless the grand jury decides there is enough evidence. Double Jeopardy: No one may be tried for the same crime after having been acquitted.Due process: The government cannot take away someone's life, freedom, or property without following a series of steps that give them a fair chance.Amendment VIRight to a speedy, public trial

The accused has the right to a quick trial. The state cannot make them sit in jail for a long time while they wait to have a trial. That would be unfair to anyone who is innocent.The accused also has the right to a public trial. The state cannot put them in a warehouse and question them about the crime. It must be available to the public so that it is fairer to the accused.The trial must be held by an impartial jury. The trial must also be held in the area where the crime was committed, or else that could be unfair to the accused also.

Amendment VIITrial by jury in civil cases

In the 1700s, $20 was a lot more money than it is today. Now, for any dispute involving less than $1500, small claims court will handle the case without a jury.

Amendment viii Limits of fines and punishments

No excessive bailNo cruel punishmentNumber of states that use which method of executionFiring Squad 3Hanging 4Lethal Gas 7Electric Chair 11Lethal Injection 33Since 1976 there have been 628 inmates executed.No unusual punishment

Amendment IXRights of people

There are certain rights listed in the Constitution, but that does not mean that there aren't other rights that the people have that are not listed.

AMENDMENT XPowers of states and people

The governmental powers not listed in the Constitution for the national government are powers that the states can have.Examples: The states determine the rules for marriages, divorces, driving licenses, voting, state taxes, job and school requirements, rules for police and fire departments, etc.States regulate many of our rights, not the national government.

The bill of rightsThe Bill of Rights did not apply to all AmericansNative Americans and slaves were excludedWomen were not mentionedFree blacks did not receive protection either

ACTIVITYWork by yourself and decide which amendment is the most important for citizens living in this country.If you could only have one amendment to protect you, which would it be?

Then, work in a small group of 3 or 4 and compare your answers. Try to decide by agreement which amendment is the most important to the group.

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