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The Bill of Rights Goal C&G.2.6 – Evaluate the extent to which the Bill of Rights extended the U.S. Constitution.

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Presentation on theme: "The Bill of Rights Goal C&G.2.6 – Evaluate the extent to which the Bill of Rights extended the U.S. Constitution."— Presentation transcript:

1 The Bill of Rights Goal C&G.2.6 – Evaluate the extent to which the Bill of Rights extended the U.S. Constitution.

2 First 10 Amendments are aka the Bill of Rights* added in 1791 1. The Bill of Rights place strict limits on how the national gov’t can use its powers over the people ** idea of limited gov’t 2. Protect our civil liberties – freedoms we have to think and act without gov’t interference or fear of unfair treatment

3 First Amendment  5 Basic Freedoms protected 1.Religion 2.Assembly 3.Press 4.Petition 5.Speech

4 John Peter Zenger’s Trial In 1733, Zenger was arrested for criticizing the governor of New York, who claimed Zenger was guilty of “seditious libel” – jury acquitted (found him not guilty) Zenger, saying criticisms that he printed were actually true, and therefore could not be considered libel. *** a landmark case in the development of freedom of the press in America

5 Second Amendment – the right to bear arms  2 sides in the debate over 2 nd Amendment: 1.provides only for each state to maintain a “well-regulated militia” by allowing members of the militia to carry arms 2.guarantees the right of all citizens to “keep and bear arms” without interference by the gov’t * militia – a small, local army made up of volunteer soldiers (citizen-soldiers)

6 Third Amendment  protects against military abuse States that in times of peace, soldiers cannot move into private homes without the consent of the owner; during times of war, however, they can if prescribed by law **Quartering Act caused this amendment to be written

7 Fourth Amendment (aka the Privacy Amendment)  Protects against “unreasonable searches and seizures”  A judge, once shown probable cause by law enforcement officials, must issue a search warrant before a home can be searched or property seized  search warrant – a court order giving permission to search a suspect’s home/business and take specific items as evidence

8 Fifth Amendment  protects the rights of people accused of crimes  5 parts to this amendment: 1.no trial may be held unless a person is formally charged (aka indicted) by a grand jury 2.a person found not guilty may not be put on trial again for the same crime (aka double jeopardy)

9 3. accused persons may not be forced to testify against themselves (protection against self-incrimination) 4. no one may be denied life, liberty, or property without due process of law 5. no one may be deprived of their property by the gov’t without just/fair compensation * eminent domain – the government’s right to take private property for public use

10 Sixth Amendment  Guarantees additional rights to people accused of crimes  6 parts to this amendment: The accused… 1. must be told the exact nature of the charges against them 2. Must be allowed a trial by jury * can ask for judge to hear case instead of a jury (known as a “bench trial”)

11 3. must have a trial that is speedy and public, and the jurors must be impartial (not already have their minds made up) 4. has the right to hear and question all witnesses against them 5. must be permitted to call witnesses in their own defense

12 6. is entitled to a lawyer/attorney/counsel * if the accused cannot afford one, the gov’t must provide one  called the Public Defender ** if possible, a trial should be held in the same area/state where the crime took place * extradition – returning the accused back to where the crime was committed to stand trial

13 Seventh Amendment  provides for the right to a trial by jury in civil cases (to settle disputes about property worth more than $20) ** can ask for a bench trial 7 th is different from 5 th, 6 th, and 8 th because they all deal with people’s rights in criminal cases, while the 7 th involves civil cases civil cases: cases that involve disagreements between people rather than crimes (someone is suing someone else  lawsuit)

14 Eighth Amendment  forbids 2 things: 1.Excessive bails and fines 2.Cruel and unusual punishments * Bail – an amount of money the accused pays in exchange for being released until trial; if the accused comes to court for the trial, the bail is returned; if the accused does not come to court for the trial, the bail is forfeited (lost)

15 Ninth Amendment  all other rights not spelled out (not mentioned) in the Constitution are “retained by the people”  meaning U.S. citizens have other rights besides just those listed in the Constitution and earlier amendments  examples: freedom to choose friends, to choose career, to get married, to choose spouse

16 Tenth Amendment  deals with powers reserved (meaning “saved”) for the states  examples: to establish schools, to set guidelines for licensing drivers  purpose of this amendment: to prevent Congress and the President (signifying the national gov’t) from becoming too strong

17 Still to come… Amendments 11 – 27 …stay tuned…


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