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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.

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Presentation on theme: "1 The Bill of Rights. 2 “ Rights and Responsibilities ” The meaning behind “ rights and responsibilities ” Americans ’ understanding of the Bill of Rights."— Presentation transcript:

1 1 The Bill of Rights

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

3 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 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 5 Influences from English Law The Magna Carta Defined the power of the monarchy Protected barons ’ rights to property, trial by their peers, and taxation only by consent Magna Carta (1215) 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

6 6 Enlightenment Philosophy Humanists promoted the dignity of the individual and identified the rights of man LockeVoltaire 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

7 7 Colonial American Experiences Experiences before and during the American Revolution The Pilgrims ’ landing 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

8 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) Seal of Massachusetts Bay Colony Experiences before and during the American Revolution

9 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 10 Discussion Questions 1.What was the Roman concept of civic virtue and the common welfare? 2.What were some of the rights granted by English law that are found in the U.S. Bill of Rights? 3.How did Enlightenment-era humanists view the rights of man and the purpose of government? 4.How were the rights of Englishmen different for Americans in the 13 colonies? 5.Were these rights given to all Americans? Why or why not? 6.Why was the Bill of Rights not included in the original Constitution, and only added later?

11 11 The First Amendment “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ”

12 12 First Amendment: Freedom of Religion “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof… ” Two provisions Establishment clause: government cannot establish an official religion Free-exercise clause: government cannot prevent anyone from practicing a religion

13 13 First Amendment: Origins of Religious Freedom In many 17th-century European countries, Catholicism was the official religion The Reformation: challenged the relationship between church and state Pilgrims from England fled to America to avoid persecution Established religious settlements with little tolerance for religious differences

14 14 First Amendment: Religious Freedom in Colonial America Colonial America more tolerant of religious differences than Europe The “ Great Awakening ” expanded religious tolerance and practices Framers ’ views on separation of church and state Protected religion from government influence Protected individuals ’ right to worship as they wanted

15 15 First Amendment: Establishment and Free-Exercise Clauses Two ways the courts view the establishment and free-exercise clauses: Broad view: No public aid for any religion by either federal or state governments Narrow view: Government prohibited only from giving preference to one religion over another

16 16 First Amendment: Establishment and Free-Exercise Clauses Supreme Court interpretation of the establishment clause Everson v. Board of Education (1947): denied the government from aiding or favoring any religion Supreme Court interpretation of the free-exercise clause Westside Community Schools v. Mergens (1990): required public schools to allow student religious groups to meet at school

17 17 Discussion Questions 1.List and describe the two clauses in the First Amendment ’ s freedom of religion. 2.Why do you think the Puritans became intolerant of other religious beliefs, even though they had been banished from England for their own beliefs? 3.What factors led to an increase in religious tolerance in colonial America? 4.What do you think was the Framers ’ intent in writing the establishment and free-exercise clauses in the First Amendment?

18 18 First Amendment: Freedom of Speech “ …or abridging the freedom of speech,… ” Freedom of speech is an essential part of democracy Promotes intellectual growth and human dignity Allows for the communication of new and better ideas Essential to the operation of representative democracy Vital for bringing about peaceful change Also safeguards individual rights

19 19 First Amendment: Origins of Free Speech First protected in the American colonies in the Massachusetts Body of Liberties (1641) Not found in Magna Carta Not found in the original U.S. Constitution Incorporation a condition for ratification

20 20 First Amendment: Government Limitations on Free Speech Sedition Act (1798) Dissenters during Civil War (later deemed unconstitutional) World War I: Espionage Act of 1917

21 21 First Amendment: Government Limitations on Free Speech (continued) Schenk v. U.S. “ Clear and present danger ” requirement After WWI, many states passed laws that criminalized dissent

22 22 First Amendment: Free-Speech Court Decisions Expanded from political speech to include symbolic speech Tinker v. Des Moines School District (1967): free speech in schools

23 23 First Amendment: Free-Speech Court Decisions (continued) Texas v. Johnson (1989): burning the U.S. flag United States v. Eichman (1990): reaffirmed right to burn flag as free speech

24 24 First Amendment: Origins of Press Freedom “ …or of the press,… ” Minute sheet from the trial of John Peter Zenger Invention of the printing press The John Peter Zenger trial Pamphlets and papers during the Revolution Not mentioned in the original Constitution

25 25 First Amendment: Extent of Press Freedom “ …or of the press,… ” Original intent of Framers was to protect political speech Results of Supreme Court decisions Placed limitations on freedom of the press Protections against clear and present danger and libel “ Prior restraint ” Near v. Minnesota

26 26 First Amendment: Supreme Court Tests of Press Freedom Libel or informing the public? New York Times Co. v. Sullivan (1964) Threat to national security or the public ’ s right to know? New York Times Co. v. United States (1971)—the “ Pentagon Papers ” case

27 27 Discussion Questions 1.Do you feel people should be allowed to make statements that call for an elimination of the Bill of Rights? Why or why not? 2.Explain how freedom of speech and of the press helped bring about the American Revolution. 3.During times of crisis such as war or natural disasters, should people be allowed to criticize the government and demand a change in leadership? When has such expression been restricted in U.S. history? 4.What types of expression would constitute a “ clear and present danger ” to the nation and thus not receive free speech protections? 5.Should other types of expression such as burning the flag be protected as free speech? Why or why not? Should the government pass laws that criminalize making disparaging or insulting remarks about a particular race, gender, or religion?

28 28 First Amendment: Freedoms of Assembly and Petition “ …or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. ” Freedoms of assembly and petition linked to freedom of speech and press These freedoms serve many diverse causes and groups

29 29 First Amendment: Origins of Assembly and Petition Magna Carta itself (1215) English Petition of Right (1628) American colonists notrepresented in Parliament Initially not part of the Constitution; later included in the Bill of Rights The Engligh Petition of Right

30 30 First Amendment: Historical Restrictions on Assembly and Petition “ Gag rule ” banning congressional discussion of anti-slavery petitions (1836) Denying assembly and petition to homeless (1890s/1930s) Breaking up peaceful demonstrations during civil rights movement (1950s and 1960s) 1830s political cartoon about the congressional “ gag rule ”

31 31 First Amendment: Assembly and Petition—Supreme Court Decisions DeJonge v. Oregon (1937): Incorporating freedom of assembly to the states Cox v. New Hampshire (1941): Time, place, and manner of assembly may be restricted but not eliminated Lloyd Corporation v. Tanner (1972): Private property exempt from freedom of assembly Feiner v. New York (1951): Limitations on the right to assembly

32 32 First Amendment: Assembly and Petition vs. Government Responsibility Government has a responsibility to keep the peace The right to assemble extends to meetings in public areas Government has a right to impose restrictions based on time, place, and manner of assembly Restrictions must not make it impossible to express ideas Soldiers stand guard at a demonstration against the Vietnam War

33 33 Discussion Questions 1.Explain how the freedoms of assembly and petition are closely tied to the rights of free speech and a free press. 2.Explain how the rights of assembly and petition facilitate the exercise of democracy and benefit both the government and the people. 3.Review the three examples of government limitation or denial of the rights to assemble or petition (slide 30). Why do you think the government imposed these restrictions during these times? 4.What obligations does the government have in imposing any restrictions on the rights of assembly and petition? Why does it have these obligations? 5.Why do you think the Framers thought it important to include the rights of assembly and petition in the Bill of Rights to serve the needs of all classes of people?

34 34 The Second Amendment “ A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. ”

35 35 Second Amendment: Two Problematic Clauses “ A well regulated militia, being necessary to the security of a free state,… …the right of the people to keep and bear arms, shall not be infringed. ”

36 36 Second Amendment: Origins British army occupied the colonies to enforce order Americans resented a standing army of foreign troops Colonial militia became known as “ minutemen ” Minutemen at the battle of Lexington

37 37 Second Amendment: Varying Interpretations “ A well regulated militia, being necessary to the security of a free state,… …the right of the people to keep and bear arms, shall not be infringed. ” Who has the right to bear arms? Does the Second Amendment provide each individual with the right to own a gun, or merely allow each state to maintain a well-regulated militia?

38 38 Second Amendment: Court Decisions U.S. v. Miller (1939): The federal government has the right to require that firearms be registered Quilici v. Morton Grove (1982): U.S. Court of Appeals ruled right to bear arms does not apply to individuals A sawed-off shotgun, similar to the type under question in U.S. v. Miller

39 39 Discussion Questions 1.Why did colonial Americans resent a “ standing army ” of British soldiers? 2.Explain how a gun-ownership advocate might interpret the Second Amendment. 3.Explain how a gun-control advocate might interpret the Second Amendment. 4.In U.S. v. Miller, what did the Supreme Court say about the Federal Firearms Act of 1934? 5.What did the U.S. Court of Appeals say about Morton Grove ’ s law banning firearms? How do you think this case would be decided if the Supreme Court chose to rule on it? Explain your answer.

40 40 The Third 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. ”

41 41 Third Amendment: Origins Protection against quartering dates back to 12th century Grievance in Parliament ’ s Petition of Right (1628) Established firmly in English law by English Bill of Rights (1689) King Charles I King James II

42 42 Third Amendment: Colonial Experiences Thousands of British troops came to North America during the French and Indian War Troops stayed to enforce laws of taxation Citizens confronted British soldiers in the Boston Massacre The Boston Massacre, by Paul Revere (1770)

43 43 Third Amendment: Early American Developments Quartering of soldiers was one of the grievances stated in the Declaration of Independence Prohibition on quartering of troops not mentioned during Constitutional Convention Included in the Bill of Rights in 1791 Patrick Henry

44 44 Third Amendment: Today Troops can be quartered in private homes during wartime. No Supreme Court decisions directly concerning quartering troops in people ’ s homes Courts have cited the Third Amendment as a further protection of the right to privacy from government intrusion Union troops were quartered in private homes during the Civil War

45 45 The Fourth Amendment “ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ”

46 46 Fourth Amendment: Origins Semayne ’ s Case (1603) acknowledged need for balance between privacy and the duties of law enforcement Writs of assistance allowed government officers wide latitude in searching private homes James Otis ’ s court challenge (1761) James Otis

47 47 Fourth Amendment: Later Colonial Experiences Purpose is to prevent arbitrary actions and protect persons from invasions of privacy Violations by the Continental Congress during the Revolutionary War Framers incorporated colonial experiences and English heritage into the Fourth Amendment Amendment ’ s restrictions create tension between government ’ s duty and citizen ’ s privacy

48 48 Fourth Amendment: Two Clauses First clause “ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated… ” Second clause “ …and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ”

49 49 Fourth Amendment: Tests and Trials The original wording has fared well over time Supreme Court cases have limited what searches may entail: Olmstead v. United States (1928): listening devices Katz v. United States (1967): the “ reasonable expectation of privacy ” doctrine California v. Greenwood (1988): garbage bags

50 50 Fourth Amendment: Exclusionary Rule Supreme Court cases have further clarified the meaning of unreasonable search or seizure: Weeks v. United States (1914): established the “ exclusionary rule ” Silverthorne Lumber Co. v. United States (1920): “ fruit of the poisonous tree ” doctrine Mapp v. Ohio (1961): extended exclusionary rule to states through the Fourteenth Amendment

51 51 Fourth Amendment: Exceptions to the Exclusionary Rule United States v. Leon (1984): “ good faith ” doctrine Nix v. Williams (1984): “ inevitable discovery ” doctrine The exclusionary rule is not intended to let criminals go free, but to penalize police for misconduct

52 52 Fourth Amendment: Other Exceptions to the Exclusionary Rule Automobiles Border searches Exigent circumstances

53 53 Fourth Amendment: Other Exceptions to the Exclusionary Rule (continued) Plain view Stop and frisk Student searches

54 54 Discussion Questions 1.What types of things does the Fourth Amendment protect from unreasonable searches? How does the amendment limit the power of the government? 2.How were the Fourth Amendment ’ s protections extended to the states? 3.What are some advantages and disadvantages of the exclusionary rule? 4.Do you think exceptions to the exclusionary rule are justified? Why or why not?

55 55 The Fifth 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 offence 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. ”

56 56 Fifth Amendment: Common Legal Terms Infamous crime: a serious criminal offense Double jeopardy: being tried twice for the same crime “ Taking the fifth ” : invoking the right against self- incrimination Due process of law Substantive Procedural Just compensation for imposing “ eminent domain ”

57 57 Fifth Amendment: Historical Origins Greek and Roman law Both established protections against double jeopardy Magna Carta Protections of property and due process The Star Chamber Abuse of power in the English courts

58 58 Fifth Amendment: Colonial Origins Grand jury Self-incrimination Double jeopardy Anne Hutchinson on trial

59 59 Fifth Amendment: Colonial Origins (continued) Due process Just compensation Dispossessed loyalists during the Revolution, fleeing to Canada

60 60 Fifth Amendment: Supreme Court Decisions Campbell v. Louisiana (1999): indictment by a grand jury Miranda v. Arizona (1966): right against self-incrimination Green v. United States (1957): clarified double jeopardy

61 61 Fifth Amendment: Supreme Court Decisions (continued) Goss v. Lopez (1975): juveniles ’ right to due process Lucas v. South Carolina Coastal Council (1992) and Kelo v. City of New London (2005): right to just compensation Students have a right to a hearing before being suspended, and to have their parents at that hearing

62 62 The Sixth Amendment “ In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. ”

63 63 Sixth Amendment: Due Process and Rights Preserves procedural due process The six provisions Right to a speedy and public trial Right to a jury trial in the same locale as the crime Right to be informed of all charges Right to confront accusers in court Right to produce supporting evidence or witnesses Right to legal counsel

64 64 Sixth Amendment: Origins and Colonial Experiences Magna Carta Massachusetts Body of Liberties Protections in state constitutions Anti-Federalists concerned about protecting the jury system for civil trials

65 65 Sixth Amendment: Speedy and Public Trial “ In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial… ” A speedy trial still provides time to prepare a case, but doesn ’ t unnecessarily punish the accused A public trial helps ensure the government will abide by the rules Today, all trials must be public, but certain restrictions may be imposed to ensure due process

66 66 Sixth Amendment: Trial by Jury “ …by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, … ” Granted to nobles in Magna Carta So valued that the Constitution and Bill of Rights mention it three times Rare today due to plea bargaining Individuals for an impartial jury selected through voir dire

67 67 Sixth Amendment: Knowing the Charges “ …and to be informed of the nature and cause of the accusation;… ” Defendants must be informed of the crimes they are accused of committing Knowing the charges allows the accused to prepare their defense

68 68 Sixth Amendment: Confrontation of Witnesses “ …to be confronted with the witnesses against him;… ” Facing opposing witnesses helps provide for honest testimony Also enables the accused to challenge witnesses ’ testimony In certain sensitive matters, testimony may be given through electronic means

69 69 Sixth Amendment: Calling of Witnesses “ …have compulsory process for obtaining witnesses in his favor… ” Accused persons can call witnesses in their defense Accused persons also hold subpoena power

70 70 Sixth Amendment: Legal Counsel “ …and to have the assistance of counsel for his defense. ” Helps the accused receive competent counsel on legal matters If the accused cannot afford counsel, one will be appointed for them at government expense

71 71 Sixth Amendment: Supreme Court Decisions Barker v. Wingo (1972): established guidelines for a speedy trial Duncan v. Louisiana (1968): right to trial by jury Miranda v. Arizona (1966): grants the accused the right to counsel ( “ Miranda warning ” ) Powell v. Alabama (1932) and Gideon v. Wainwright (1963): counsel must be provided and paid for by the government Gideon ’ s original handwritten petition

72 72 Discussion Questions 1.List the five protections of the Fifth Amendment. Discuss which you think is the most important, and why. 2.Define the two forms of due process: substantive and procedural. How does the protection of due process limit the government ’ s actions? Do you think the government should be limited in this way? Why or why not? 3.Taken as a whole, what is the purpose of the rights enumerated in the Sixth Amendment? 4.Which rights in the Fifth and Sixth Amendments appear to favor the accused over the duty of the government to convict them of a crime? Explain your answer. 5.What problems may arise over this apparent favoritism toward defendants? How should these problems be addressed?

73 73 Seventh Amendment “ In suits at common law, where the value in controversy shall exceed twenty dollars, the right of a trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. ”

74 74 Seventh Amendment: Historical Precedent Norman law English common law Admiralty courts and the Declaration of Independence Right not in the Constitution, but in the Bill of Rights The right to a jury trial dates back to the Norman conquest

75 75 Seventh Amendment: Jury Trial Alternatives in the Past The importance of a trial by jury in civil cases Past methods of settling disputes Acts of faith and trials by ordeal Arbitrary decisions of all-powerful rulers Brute force ( “ might makes right ” ) A trial by ordeal

76 76 Seventh Amendment: First Clause and Clarifications First clause guarantees a jury trial in civil cases exceeding $20 In Re Henderson Distilled Spirits (1872): right to waive a jury trial Capitol Traction Co. v. Hoft (1899): right to a 12-person jury Colgrove v. Battin (1973): right to a six- person jury Minneapolis and St. Louis R. Co. v. Bombolis (1916): Seventh Amendment only applies to federal cases

77 77 Seventh Amendment: Second Clause Second clause defines the supremacy of the jury William Penn Judges may not influence the jury Baltimore & Carolina Line v. Redman (1935): delineating the roles of judge and jury William Penn

78 78 Seventh Amendment: Juries ’ Abilities Concerns about juries ’ abilities Technology has become too sophisticated Juries alone can ’ t determine all the facts Markman v. Westview Instruments, Inc. (1996) Judges have better skills of interpretation Ruling could spread to other areas of the law

79 79 Seventh Amendment: Tort Reform Definition of tort reform Arguments for and against Civil suits against corporations: David versus Goliath, or a “ frivolous ” use of the legal system?

80 80 Seventh Amendment: Tort Reform (continued) Proposals for reform Possible impact on jury system Should punitive damages be limited in civil suits?

81 81 The Eighth Amendment “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ”

82 82 Eighth Amendment: Historical Precedent Cruel and unusual punishment banned by the English Bill of Rights as a reaction to the Star Chamber Colonial justice sometimes involved cruel and unusual punishments as a deterrent to crime Provision against was rejected during Constitution ratification but accepted in Bill of Rights ratification The pillory, a common punishment in colonial times

83 83 Eighth Amendment: Rights and Freedoms Benefits of the Eighth Amendment The right to be free on bail prior to trial Freedom from excessive fines Freedom from “ cruel and unusual punishment ”

84 84 Eighth Amendment: Changing Interpretations Standards for “ cruel and unusual ” punishment have changed In colonial times, mandatory capital punishment Throughout 19th century, state courts considered other factors Inconsistent application of capital punishment The infamous “ ball and chain ” —once common, now considered “ cruel and unusual punishment ”

85 85 Eighth Amendment: Changing Interpretations (continued) Capital punishment questioned in the 1960s No evidence that capital punishment deters crime Inconsistent and sometimes racist sentencing by juries Cost of appeals and execution greater than of life in prison Recent discoveries of innocence due to DNA analysis

86 86 Eighth Amendment: Supreme Court Decisions Trop v. Dulles (1958): punishment standards evolve with society Furman v. Georgia (1972): capital punishment as it then existed violated Eighth Amendment Gregg vs. Georgia (1976): death penalty not necessarily unconstitutional, though automatic sentencing is Does the death penalty qualify as “ cruel and unusual punishment ” ?

87 87 Eighth Amendment: More Supreme Court Decisions Coker v. Georgia (1977): death penalty only for murder convictions Enmund v. Florida (1982), and Tison v. Arizona (1987): felony-murder rule Stanford v. Kentucky (1989): permits executing 16- and 17-year-old minors

88 88 Eighth Amendment: More Supreme Court Decisions (continued) Atkins v. Virginia (2002): bars executing the mentally challenged Roper v. Simmons (2005): court reverses itself on executing minors

89 89 Discussion Questions 1.In what ways does a civil trial differ from a criminal trial? In what ways are they similar? 2.What are the benefits of a jury trial in a civil case? What are some of the drawbacks? 3.How does releasing a defendant on bail benefit both the defendant and the prosecution? 4.What does the phrase “ evolving standards of decency ” mean? 5.How have the standards defining cruel and unusual punishment changed over the years? Why do you think this has happened? 6.Why has capital punishment become so controversial since the 1960s?

90 90 The Ninth Amendment “ The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. ”

91 91 Ninth Amendment: Differing Views Two views of the Ninth Amendment The courts should protect people ’ s rights The legislature should protect people ’ s rights

92 92 Ninth Amendment: History Debate at Convention of 1787: how to include all of the people ’ s rights in Constitution Actual listing of rights rejected as impractical Ratification conventions demanded people ’ s rights be protected in a bill of rights

93 93 Ninth Amendment: Debate and Controversies Enumerated rights: religion, speech, due process Unenumerated rights: privacy, travel, voting Protections for unenumerated rights implied by other parts of the Bill of Rights Opponents state the Ninth Amendment doesn ’ t create rights where they don ’ t exist

94 94 Ninth Amendment: Supreme Court Decisions Kent v. Dulles (1958): right to travel Griswold v. Connecticut (1965): right to privacy for consenting adults Harper v. Virginia Board of Elections (1966): voting rights

95 95 The Tenth Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people. ”

96 96 Tenth Amendment: Early American History Articles of Confederation limited the power of federal government Constitution expanded the power of federal government Delegates to the ratification conventions worried about the loss of state power Federal government was limited and largely ineffective under the Articles of Confederation

97 97 Tenth Amendment: Early Federalism Debates Jefferson and Madison ’ s nullification resolutions Chief Justice Marshall and Chief Justice Taney Andrew Jackson versus John C. Calhoun: the Nullification Crisis of 1832 Chief Justice John Marshall President Andrew Jackson Early debates over federalism

98 98 Tenth Amendment: Supreme Court Cases Hammer v. Dagenhart (1918): child-labor law struck down United States v. Butler (1936): federal regulation of agricultural production United States v. Darby (1941): federal regulation of employment Child laborer, 1918

99 99 Tenth Amendment: Supreme Court Cases (continued) Brown v. Board of Education (1954): desegregated public schools United States v. Lopez (1995): power of state over federal government to regulate gun possession Thurgood Marshall (center), chief lawyer for the NAACP in the Brown case

100 100 Discussion Questions 1.What is the purpose of the Ninth Amendment? Why do you think the Bill of Rights includes this amendment? 2.Describe the two views of the Ninth Amendment regarding which branch of government is best suited to protect people ’ s rights. 3.Explain and give examples of enumerated and unenumerated rights. Describe the controversy over the court ’ s recognition of unenumerated rights. 4.Explain how the Tenth Amendment differs from the previous nine amendments in its protection of power.

101 101 Discussion Questions (continued) 5. What is the relationship between the Tenth Amendment and federalism? How can federalism cause tension between the federal and state governments? 6. What were the doctrine of nullification and the Nullification Crisis of 1832? Do you think states should have the power to nullify an act of the federal government? 7. Identify whether the Supreme Court during the following time periods supported states ’ rights or federal supremacy: the Marshall Court, the Taney Court, 1918 to 1936, 1941 to 1995, and the Rehnquist Court.

102 102 The Promise in the Bill of Rights Written rights don ’ t guarantee rights The Bill of Rights continued the dialogue on liberty and freedom discussed at the Federal convention 14th amendment: Federal and state governments are held accountable to not violate people ’ s rights Democracy is best practiced by people defending their rights The Supreme Court serves as the forum for continued dialogue over people ’ s rights and freedoms


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