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Bill of Rights

Bill of Rights. Chapter 10. I. Creating the Bill of Rights. Ratification of Constitution 1789 – 1 st presidential election President – George Washington Vice President – John Adams 1 st Congress Meeting James Madison went through 100 proposed amendments

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Bill of Rights

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  1. Bill of Rights Chapter 10

  2. I. Creating the Bill of Rights • Ratification of Constitution • 1789 – 1st presidential election • President – George Washington • Vice President – John Adams • 1st Congress Meeting • James Madison went through 100 proposed amendments • Presented least controversial to Congress • After much debate, Congress approved 12 • Ratification by the States • ¾ of states must ratify amendment to make it law • 1791 – 9 states approved 10 amendments = Bill of Rights

  3. II. First Amendment Rights • Protection of Rights • When believed government has violated these rights, can be challenged in court • If reaches Supreme Court, justices decide how Constitution applies • Right to Worship Freely • 2 guarantees of religious freedom • “Congress shall make no law respecting an establishment of religion” 1- separation between church and state • “Congress shall make no law prohibiting the free exercise of religion” 1- people can believe whatever they want in regards to religion w/o fear of punishment 2- can’t do whatever they want in name of religious freedom

  4. II. First Amendment Rights • Right to Free Speech and Press • Freedom of the Press • Allow for the free flow of ideas that citizens need to stay informed and make up their minds on important issues • Responsibility in taking care not to spread false accusations or publish harmful info • Freedom of Speech • Protects right to speak freely in public places • Limits some kinds of speech (such as speech that endangers public safety) • Also includes symbolic speech (actions people take to express opinion)

  5. II. First Amendment Rights • Right to Assemble and Petition • Right to Assembly • Citizens can use public property for meetings and demonstrations • Protects “peaceful” meetings, not the right to protest violently • Right to Petition a) To appeal to the government

  6. III. Citizens Protections • 2nd Amendment: Right to Bear Arms • 2 possible meanings • right of the people to own guns only if they are part of military • right of individuals to own weapons for self-defense • 3rd Amendment: Quartering Troops • right to refuse the request of opening homes to soldiers • Warning to government to respect privacy of people’s homes • 4th Amendment: Search & Seizure • Protects people and their belongings from unreasonable searches and seizures a) Police must show good reason for allowing the action (warrant) • Guarantees the right to be left alone

  7. IV. Legal Rights & Protections • 5th Amendment: Legal Rights • Gives accused the right to a grand jury hearing • Protects citizens from “double jeopardy” (cannot be charged twice with same crime) • Prohibits self-incrimination (police cannot force people to say things that could be used against them) • Miranda warning at arrest • Applies to defendants in court (“taking the 5th”) • A person cannot be “deprived of life, liberty, or property, without due process of law” (follow clear rules) • Government cannot take someone’s private property for public use without “just compensation”

  8. IV. Legal Rights & Protections • 6th Amendment: Criminal Trial Rights • Right to a speedy and public trial • Right to be judged be a jury of peers • Prosecutors must tell accused the charge and time and place of supposed crime • Defendant has right to hear and question all witnesses who testify • A right to an attorney

  9. IV. Legal Rights & Protections • 7th Amendment: Civil Trial Rights • people in civil cases have right to jury trial • After jury decides facts, no judge can override • 8th Amendment: Bail & Punishments • Forbids excessive bail • forbids excessive fines and cruel and unusual punishment • punishments being proportionate to the crime • The reason the death penalty is controversial

  10. V. Other Rights & Powers • Amendment 9: Rights Retained by the People 1. rights not listed are retained by the people • Amendment 10: Powers Reserved to the States • Powers not given to the national government are reserved to the states • McCulloch v. Maryland (1816) • states protested the 10th amendment prohibited congress from creating a bank. 1 – Maryland placed tax on bank • McCulloch refused to pay tax > Maryland took him to court • Supreme Court sided with McCulloch – did not forbid federal bank, national power is supreme

  11. First 10 Amendments BrainPOP

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