The Bill of Rightsand The

Constitutional Principles

US History

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The Bill of Rights• The Bill of Rights is the name

given to the first ten amendments of the Constitution

• They were introduced by James Madison to the First United States Congress in 1789

• They came into effect on Dec. 15 1789, when they were ratified by ¾ of the states

• Purpose: To set limits on what the government can/cannot do in regards to personal liberties

The Bill of Rights

1st Amendment

3rd Amendment

2nd Amendment

4th Amendment

5th Amendment

7th Amendment

6th Amendment

8th Amendment

9th Amendment 10th Amendment

Constitutional Principles

• The Constitution was written to determine how power would be divided by Federal, State and Local governments, as well as how Individual states would be represented at the National level

• The Constitutional Principles are the backbone of the Constitution

• The Constitutional Principles purpose was to ensure that the government was formed with the rights of individual citizens in mind

Constitutional Principles and Other Major Amendments

Checks and Balances

Individual Rights

Separation of Powers

Popular Sovereignty

Limited Government

Republicanism

Federalism

13th Amendment

14th Amendment 15th Amendment

1st 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”

• 1st Amendment Protects:– Freedom of Religion– Freedom of Speech– Freedom of the Press– Right of Assembly– Right to Petition

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”

• 2nd Amendment Protects:– Right to Bear Arms (own guns)

3rd Amendment

• “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”

• 3rd Amendment Protects:– Home owners are not required to provide housing for

soldiers (during war or at times of peace)

4th Amendment• “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”

• 4th Amendment Protects:– The right of privacy– Search Warrants can only be issued with probable cause (good reason)

5th Amendment• “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”

• 5th Amendment Protects:– A person must be formally indicted (charged) with a crime before

being tried– Double Jeopardy; meaning a person cannot be tried twice for the

same crime– Self-incrimination; meaning witnesses do not have to incriminate

themselves – Limits Eminent Domain; meaning private property can be taken

for public use, however the owner must be compensated (i.e. paid)

6th Amendment• “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”

• 6th Amendment Protects:– The right to a speedy and public trial – The right to an impartial jury of peers– The right to an attorney (lawyer)

7th Amendment

• “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 re-examined in any court of the United States, than according to the rules of the common law”

• 7th amendment Protects:– Ensures that a civil litigants are entitled to jury trials

8th Amendment

• “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”

• 8th Amendment Protects:– Bail is set proportionally to the crime– No cruel or unusual punishment can be inflicted on a

person

9th Amendment

• “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”

• 9th Amendment Protects:– Negates the expansion of governmental power on the

listed rights in the constitution

10th Amendment

• “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”

• 10th Amendment Protects:– Powers not addressed in the constitution are enforced

by individual states and the people within them

Checks and Balances

• Each branch of government has power over the other two, to ensure that one branch does not become too powerful

Limited Government

• People give power to the government; the government does not have unlimited power

Federalism

• Power is divided between National, State and Local

Separation of Powers

• Power is equally divided amongst the 3 branches of government

Individual Rights

• Citizens rights are guaranteed (i.e. the Bill of Rights)

Republicanism

• The government should be based on the consent of the people through representatives

Popular Sovereignty

• Citizens have the power through voting

13th Amendment

• Prohibits slavery or involuntary servitude (with the exception of a punishment of a crime)

• Adopted on Dec. 6 1865

14th Amendment

• Citizenship clause (defines a citizen; which included slaves and the descendents)

• Due Process Clause (protection of private contracts)

• Equal Protection Clause (equal treatment of all citizens, regardless of race, gender or ethnicity)

• Adopted on July 9 1868

15th Amendment

• Protects an individual’s right to vote, regardless of race, color or previous condition of servitude

• Ratified on Feb. 3 1870