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The Bill of Rights

The Bill of Rights. “Rights and Responsibilities”. The meaning behind “rights and responsibilities” Americans’ understanding of the Bill of Rights What does it all mean?. “Rights and Responsibilities”. Rights and their responsibilities are inseparable

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The Bill of Rights

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  1. The Bill of Rights

  2. “Rights and Responsibilities” • The meaning behind “rights and responsibilities” • Americans’ understanding of the Bill of Rights • What does it all mean?

  3. “Rights and Responsibilities” • Rights and their responsibilities are inseparable • The Framers drew from the past to build for the future • Roman Republic • Enlightenment philosophy • English law • American colonial history • The rights granted evolved over time

  4. The Roman Republic • The Roman Republic’s influence on the Bill of Rights: • Roman law based on laws of nature • Laws established equality and justice • Limited the power of the state • Created laws that protected property, contracts, and promoted equality • Stressed the responsibility of civic virtue

  5. Influences from English Law Magna Carta (1215) • Defined the power of the monarchy • Protected barons’ rights to property, trial by their peers, and taxation only by consent • Glorious Revolution (1689) • Placed Parliament above the monarchy • Gave Parliament freedom of speech • No quartering of troops in people’s homes • No punishment without cause The Magna Carta

  6. Enlightenment Philosophy • Humanists promoted the dignity of the individual and identified the rights of man • Voltaire advocated freedom of speech, religion, and the right to a fair trial • Locke spoke of the right to life, liberty, and property • Government should protect these rights Locke Voltaire

  7. Colonial American Experiences • Experiences before and during the American Revolution • English rights to life, liberty, and property brought to the American Colonies • Most Americans had more equality than the British • Plentiful land and economic opportunities The Pilgrims’ landing

  8. Colonial American Experiences: Rights • Massachusetts Body of Liberties (1641) reflected broadening of rights granted to citizens • Rights not extended to majority of colonial population (women, slaves) • Experiences before and during the American Revolution Seal of Massachusetts Bay Colony

  9. Why a Bill of Rights? • Initially, the Constitution had no bill of rights • Federalists agreed to include a bill of rights in order to gain ratification • Drafted and approved by the first Congress in 1789 • Approved by the states in 1791 through the amendment process James Madison

  10. Discussion Questions • What was the Roman concept of civic virtue and the common welfare? • What were some of the rights granted by English law that are found in the U.S. Bill of Rights? • How did Enlightenment-era humanists view the rights of man and the purpose of government? • How were the rights of Englishmen different for Americans in the 13 colonies? • Were these rights given to all Americans? Why or why not? • Why was the Bill of Rights not included in the original Constitution, and only added later?

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