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Introduction Packet to Bill of Rights

Introduction Packet to Bill of Rights

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Introduction Packet to Bill of Rights

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  1. Introduction Packet to Bill of Rights History and What Are They?

  2. Bill of Rights • BRIEFLY discussed at Constitutional Convention • REJECTED!!! • Focus on government structure instead, not individuals • James Madison made them happen • Own separate document

  3. Bill of Rights • “Selling factor” for those who opposed the Constitution to agree to it because it was promised later • NOT part of original Constitution • Approved 4 years later (1791)

  4. Federalists View it as What’s the Point? • Implied already in Constitution • Rights protected through separation of powers (3 branches) and checks and balances • No appointments • Popular sovereignty exists • Nothing in Constitution says that Congress can take rights away • Writing Bill of Rights might do more harm than good because hard to write all rights; leave many out that maybe assumed aren’t protected

  5. Anti-Federalists View it as Extremely Important • Not implied; that’s a dangerous word • If Congress truly cared, would have included Bill of Rights • Jefferson favored them; most countries have them • Too easy to get away with not protecting rights if they are not at least written to some degree • 9th Amendment deals with not being able to write every single possible right

  6. Amendment I Freedom of: • Religion • Speech • Press • Assemble • Petition

  7. Amendment II • Right to bear arms • Originally for the militia to protect against British and Native American attacks

  8. Amendment III • Don’t have to house (quarter) soldiers in your house • This amendment has never been questioned in court of law

  9. Amendment IV • Protects people from unlawful searches or seizures of property without a search warrant (good reason)

  10. Amendment V • Cannot be tried for the same crime twice (double jeopardy) • Don’t have to testify against yourself; “plea the 5th,” up to courts to provide evidence to prove you guilty • All accused get right to due process of law (treated fairly) • Government cannot take private property without good cause and compensation (eminent domain)

  11. Amendment VI • Right to a speedy trial • Right to a jury of own peers • Protects people from being held for a crime without publicly knowing what you are charged for • Right to lawyer • Right to be present in trial to hear from witnesses for and against you

  12. Amendment VII • Guarantees a trial by jury for civil cases as well, not just criminal cases

  13. Amendment VIII • No cruel and unusual punishment • Fair bail to fit the crime

  14. Amendment IX • Other rights aside from those listed also exist, and just because they are not listed does not mean they can be violated • Impossible to list all rights you deserve

  15. Amendment X • Power not granted to federal government belongs to the states

  16. What is an “Amendment?” • Change or addition to Constitution • Thanks to the elastic clause • “Living Document”

  17. Bill of Rights • Amendments 1-10 • All passed at same time • Total of 27 amendments today

  18. Unfair British Rule • Amendments 1-4

  19. Rights of Accused • Amendments 5-8