Presentation on theme: "The Bill of Rights The ratification (approval) of the Constitution was not an easy, unanimous process. Recall that at least 9 of the 13 states needed."— Presentation transcript:
1The Bill of RightsThe ratification (approval) of the Constitution was not an easy, unanimous process. Recall that at least 9 of the 13 states needed to vote “yes” in order for the Constitution to be ratified.The Anti-Federalists opposed the Constitution, arguing that the Constitution would take away the freedoms, or liberties, that the Americans had fought to win from England. They argued that the Constitution lacked a bill of rights to protect individual freedoms.The Federalists conceded and promised that if the Constitution was approved, a bill of rights would be added to it. As a result of this promise, New Hampshire became the 9th state to approve the Constitution on June 21, 1788 and the Constitution took effect. Eventually, the remaining four states approved the Constitution and the 13 independent states became the USA.
2The Bill of Rights Added in 1791, the first 10 amendments (a change to the Constitution) are called the Bill of Rightsand place strict limits on how the nationalgovernment can use its power over the peopleThe Bill of Rights protects our civil liberties –the freedoms we have to think and act withoutgovernment interference or fear of unfair treatment
3The First AmendmentI. Congress shall make no law respecting an establishment of religion, or prohibitingthe free exercise thereof; or abridging the freedom of speech, or of the press; orthe right of the people peaceably to assemble, and to petition the Government fora redress of grievances.Safeguards Religious Freedoms: the establishment clause: prohibits Congress fromestablishing an official religion in the US; Americans are guaranteed the right to practice their faith as they wishFreedom of Speech: Americans can say what is on our minds, in public or in private,without fear of punishment by the government; the Supreme Court has interpreted that “speech” also includes on-line communication, art, music, and clothingFreedom of Press: Americans are allowed to express themselves in print, such asbooks, newspapers, and magazines; prohibits censorship – the banning or printed materials or films merely because they contain offensive ideasFreedom of Assembly: Americans are allowed to gather in groups for any reasonas long as the gathering is peacefulFreedom to Petition: Americans are allowed to petition (a formal request) thegovernment to express one’s ideas
4The First Amendment What the First Amendment does NOT do: You CANNOT endanger our government or other AmericansYou CANNOT provoke a riotYou CANNOT speak or write in a way that leads to criminal activities or effortsto overthrow the government by forceYou CANNOT interfere with the rights of othersYou CANNOT spread lies that harms a person’s reputation, which is slander andlies spread in print is libelThe rights of one individual must be balanced against the rights of othersand against the rights of the community. Where there is conflict, therights of the community often come first.
5The Second AmendmentII. A well regulated Militia, being necessary to the security of a free State, theRight of the people to keep and bear Arms, shall not be infringed.What does this Amendment protect exactly?It provides only for each state to maintain “a well regulated militia byallowing the members of those militias to carry arms. During the 1780s, aMilitia was a small, local army made of volunteer soldiers.It guarantees the right of all individuals to “keep and bear arms” withoutthe interference of the government.
6The Third AmendmentIII. No Soldier shall, in time of peace be quartered in any house, withoutthe consent of the Owner, nor in time of war, but in a manner to be prescribedby law.This Amendment was in response to the British law requiring the coloniststo house and feed British soldiers during the Revolutionary War. As a result,Americans will be unlikely to ever be forced to shelter the military again
7The Fourth AmendmentIV. The right of the people to be secure in their persons, houses, papers, andeffects, against unreasonable searches and seizures, shall not be violated, andno Warrants shall issue, but upon probable cause, supported by Oath oraffirmation, and particularly describing the place, to be searched, and thepersons or things to be seized.Americans are protected “against unreasonable searches and seizures”.No soldier, government agent, or police officer can search your home or take your property without probable, or a valid, cause
8The Fifth AmendmentV. 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 inthe land or naval forces, or in the Militia, when in actual service in time of Waror 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 caseto 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 usewithout just compensation.Protects the rights of people accused of crimes – no one can put on trial for a crimeWithout an indictment (a formal charge) by a Grand Jury (a group of citizens)Protects against double jeopardy – people who are accused of a crime and judgednot guilty may not be put on trial again for the same crimeProtects against self-incrimination – an accused person is allowed to remain silentProtects due process – following established legal proceduresProtects against eminent domain – the right of the government to take privateProperty (usually land) for public use
9The Sixth AmendmentVI. In all criminal prosecutions, the accused shall enjoy the right to a speedy andpublic trial, by an impartial jury of the State and district wherein the crime shallhave been committed, which district shall have been previously ascertained bylaw, and to be informed of the nature and cause of the accusation; to beconfronted with the witnesses against him; to have compulsory process forobtaining Witnesses in his favor, and to have the assistance of counsel for hisdefence.Guarantees that people accused of a crime be told the exact natureOf the charges against themGuarantees the accused by allowed a trial by a jury of their peers,which must be speedy and public, and in the same area as the crime, ifpossibleThe accused is allowed to hear and question all witnesses against themand permitted to call their own witnessesGuarantees the accused to have a lawyer
10The Seventh AmendmentVII. In Suits at common law, where the value in controversy shall exceed twentydollars, the right of trial by jury shall be preserved, and no fact tried by a jury,shall be otherwise reexamined in any Court of the United States, thanaccording to the rules of common law.Provides for the right to a jury trial in federal courts to settle alldisputes about property worth more than $20Not criminal cases, but rather civil cases – lawsuits that involveDisagreements between people rather than crimesA judge may be used, rather than a jury, to hear evidence andsettle the case, if BOTH parties agree
11The Eighth AmendmentExcessive bail shall not be required, nor excessive fines imposed, norcruel and unusual punishments inflicted.Forbids “excessive” bail (a sum of money used as a securitydeposit)Protects a convicted person from having to pay excessive finesForbids “cruel and unusual punishments” – although what exactlyIs cruel and unusual has been debateda life sentence for stealing a loaf of bread is considered tooHarshis the death penalty “cruel and unusual”?
12The Ninth AmendmentThe enumeration in the Constitution, of certain rights, shall not beconstrued to deny or disparage others retained by the people.All other rights not spelled out in the Constitution are “retained bythe people”.Citizens have other rights beyond those listed in the Constitution andthose rights may not be taken away
13What type of power is this amendment referring to? The Tenth AmendmentThe powers not delegated to the United States by the Constitution, norprohibited by it to the States, are reserved to the States respectively, orto the people.States that any powers the Constitution does not specifically give tothe national government are reserved for the states and for the peoplePrevents Congress and the President from becoming too strongWhat type of power is this amendment referring to?Reserved Powers