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The Bill of Rights and The Constitutional Principles US History.

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1 The Bill of Rights and The Constitutional Principles US History

2 Create your Foldable Study Guide FOLD along SOLID lines CUT along DASHED lines

3 Create your Foldable Study Guide CUT along DASHED lines Each student only needs two pieces, so share with the person next to you!

4 Create your Foldable Study Guide Insert the panels by weaving them as shown

5 Does Yours Look Like This?

6 The Bill of Rights The Bill of Rights is the name given to the first ten amendments of the Constitution They were introduced by James Madison to the First United States Congress in 1789 They came into effect on Dec. 15 1789, when they were ratified by ¾ of the states Purpose: To set limits on what the government can/cannot do in regards to personal liberties

7 The Bill of Rights 1 st Amendment 3 rd Amendment 2 nd Amendment 4 th Amendment 5 th Amendment 7 th Amendment 6th Amendment 8 th Amendment 9 th Amendment10 th Amendment

8 Constitutional Principles The Constitution was written to determine how power would be divided by Federal, State and Local governments, as well as how Individual states would be represented at the National level The Constitutional Principles are the backbone of the Constitution The Constitutional Principles purpose was to ensure that the government was formed with the rights of individual citizens in mind

9 Constitutional Principles and Other Major Amendments Checks and Balances Individual Rights Separation of Powers Popular Sovereignty Limited Government Republicanism Federalism 13 th Amendment 14 th Amendment15 th Amendment

10 1 st 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” 1 st Amendment Protects: –Freedom of Religion –Freedom of Speech –Freedom of the Press –Right of Assembly –Right to Petition

11 2 nd 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” 2 nd Amendment Protects: –Right to Bear Arms (own guns)

12 3 rd 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” 3 rd Amendment Protects: –Home owners are not required to provide housing for soldiers (during war or at times of peace)

13 4 th 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” 4 th Amendment Protects: –The right of privacy –Search Warrants can only be issued with probable cause (good reason)

14 5 th Amendment “No person shall be held to answer for any 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” 5 th Amendment Protects : –A person must be formally indicted (charged) with a crime before being tried –Double Jeopardy; meaning a person cannot be tried twice for the same crime –Self-incrimination; meaning witnesses do not have to incriminate themselves –Limits Eminent Domain; meaning private property can be taken for public use, however the owner must be compensated (i.e. paid)

15 6 th 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 where in 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” 6 th Amendment Protects: –The right to a speedy and public trial –The right to an impartial jury of peers –The right to an attorney (lawyer)

16 7 th Amendment “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law” 7 th amendment Protects: – Ensures that a civil litigants are entitled to jury trials

17 8 th Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” 8 th Amendment Protects: –Bail is set proportionally to the crime –No cruel or unusual punishment can be inflicted on a person

18 9 th Amendment “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” 9 th Amendment Protects: –Negates the expansion of governmental power on the listed rights in the constitution

19 10 th 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” 10 th Amendment Protects: –Powers not addressed in the constitution are enforced by individual states and the people within them

20 Checks and Balances Each branch of government has power over the other two, to ensure that one branch does not become too powerful

21 Limited Government People give power to the government; the government does not have unlimited power

22 Federalism Power is divided between National, State and Local

23 Separation of Powers Power is equally divided amongst the 3 branches of government

24 Individual Rights Citizens rights are guaranteed (i.e. the Bill of Rights)

25 Republicanism The government should be based on the consent of the people through representatives

26 Popular Sovereignty Citizens have the power through voting

27 13 th Amendment Prohibits slavery or involuntary servitude (with the exception of a punishment of a crime) Adopted on Dec. 6 1865

28 14 th Amendment Citizenship clause (defines a citizen; which included slaves and the descendents) Due Process Clause (protection of private contracts) Equal Protection Clause (equal treatment of all citizens, regardless of race, gender or ethnicity) Adopted on July 9 1868

29 15 th Amendment Protects an individual’s right to vote, regardless of race, color or previous condition of servitude Ratified on Feb. 3 1870

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