Founding Fathers Beliefs Original Intent of the Bill of Rights United States Constitution
Roots of the Bill of Rights “Excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.” – Declaration of Independence “No freeman shall be amerced (punished) for a small offense only according to the degree of the offense.” - Magna Carta “The inhabitants against their wills have been compelled to receive them (soldiers) into their houses…against the laws and customs of this realm.” – Petition of Rights
Bill of Rights I. First Amendment Freedoms Given A. Speech 1. Types of Speech (4):
Bill of Rights I. First Amendment 2. Elements to Consider:
Bill of Rights I. First Amendment 3. Public Forums
Bill of Rights I. First Amendment 4. Limits on Free Speech Defamatory Speech- 5. Incorporation
Bill of Rights I. First Amendment-CP B. Press Seditious Libel- 1735- Trial of John Peter Zenger “Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.” - Thomas Jefferson
Bill of Rights I. First Amendment B. Press Elements of:
Bill of Rights I. First Amendment B. Press New York Times v. U.S. – 1971 “Pentagon Papers”
Bill of Rights C. Religion “Congress shall make no law respecting an establish Establishment Clause- Free Exercise Clause-
Bill of Rights C. Religion-Separation of Church and State CP Everson v. Board of Education (1947)- *Court also held that government may not impose taxes for their support.
Bill of Rights C. Religion-Separation of Church and State-CP How high a wall? “In God We Trust” Gov. mtg. w/ open prayer
Bill of Rights C. Religion- Lemon Test: 1.) 2.) 3.)
Bill of Rights C. Religion Secular- School Prayer Equal Access Act- 1984 Free Exercise Clause- Belief v. Action – absolute v. not absolute
Bill of Rights D. Assembly- “to peaceably assemble” E. Petitioning the Government
Bill of Rights II. 2nd Amendment “A well regulated Militia, being necessary to the security of free State, the right of the people to keep and bear Arms, shall not be infringed.”
Bill of Rights II. 2nd Amendment “well-regulated militia” Does this phrase mean that people are only allowed to bear arms if they are part of a militia or defending the country? One critical question: What is a militia?
Bill of Rights II. 2nd Amendment United States v. Miller – 1939 –CP . 2nd Amendment only applies to the national government, not states or local communities. The debate continues!
Bill of Rights Columbine High School Michigan Militia VS.
Bill of Rights III. 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.”
Bill of Rights IV. 4th Amendment “The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oat or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Bill of Rights IV. 4th Amendment Search & Seizures Elements of:
Bill of Rights IV. 4th Amendment Unreasonable Search & Seizure
Bill of Rights V. 5th Amendment No person shall be held to answer for a 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 offense 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.
Bill of Rights V. 5th Amendment Guarantees: Prohibits:
Bill of Rights VI. 6th Amendment Elements of:
Bill of Rights VII. 7th Amendment Guarantees-
Bill of Rights VIII. 8th Amendment Excessive bail shall not be required, nor, excessive fines imposed, nor cruel and unusual punishments inflicted.
Bill of Rights VIII. 8th Amendment Elements of:
Bill of Rights IX. 9th Amendment The people retain, or keep, other rights not listed in the Bill of Rights. “…rights shall … retained by the people.”
Bill of Rights X. 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.”