Presentation Transcript

1. FrontPage:OL 13.1 on your desk. The Last Word: Chapter 13, Section 2 Pt 1

2. The Bill of Rights

   Background and Incorporation
3. What is a “bill of rights”? In a general sense, it is a list of specific rights and protections given to citizens. There are bills of rights in both the US and state constitutions, and other kinds of bills of rights, too. Patient’s BoR, credit card BoR, Canadian BoR, Fundamental Rights of India, etc. The US Bill of Rights, however, is mostly a list of what the national government CANNOT do to its citizens
4. History of the Bill of Rights The Constitutional Convention Framers don’t include specific list of individual rights of citizens **Many states already had Bills of Rights in their own constitutions
5. The BoR Debate Recall that at the Constitutional Convention, there were two main factions (opposing groups)… Federalists – thought state’s BoR’swould safeguard individual liberty Anti-Federalists – w/out a national BoR, feared central government would have too much control over individuals Ratification of Constitution in doubt without BoR **Some states want assurances of a national Bill of Rights
6. End Result: Compromise! Const. ratified (1789) with understanding that BOR would be proposed James Madison proposes 12 amendments to 1st Congress (1789) **First 10 amendments ratified by 1791 17 more amendments ratified between 1791 and today
7. A good question: Are state gov’s required to follow the national BoR as well as their own? Barron vs. Baltimore (1833) However, after the ratification of the 14th amendment…things change.
8. Section 1. …No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State 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. “Incorporation” The Process of applying the rights in the BOR to the states – requires state gov’s to provide/obey all national rights/protections Done through various Supreme Court decisions using the “States Deprive” clause of the Fourteenth amendment…more later.
9. “Incorporation” **Not every amendment has been incorporated (missing: 3rd, 10th, parts of 5th, 7th 8th)
10. The Bill of Rights: Conflicting Values There is no doubt that the Bill of Rights is an important document Despite the fact that most people agree with its provisions, there is always conflict about the rights and protections contained within The reason for this conflict is because people have conflicting values These values often come into play when people try to exercise their rights in ways that others don’t like, or when government tries to prevent a group from exercising its rights. Understanding the values which underlie arguments about rights is a good starting point for developing our own opinions on what these rights mean…