Presentation on theme: "The Bill of Rights (1791) The first 10 Amendments to the U. S. Constitution."— Presentation transcript:
The Bill of Rights (1791) The first 10 Amendments to the U. S. Constitution
the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.John Stuart Mill On Liberty (1859)
Why was a Bill of Rights NOT added in Philadelphia? Framers created a limited government Many states had own Bill of Rights Fear of forgotten rights Some rights were included in the Constitution
Antifederalists Demand a Bill of Rights George Mason, Edmund Randolph, and Elbridge Gerry
Amendment I 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.
Congress shall make no law….Congress shall make no law…. Before the Civil War, the Bill of Rights did NOT apply to the states. Barron v. Baltimore (1833)
14 th Amendment: Due Process Clause and the Equal Protection Clause
No State 14 th Amendment-Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Due Process Clause (due process of law) is the principle that the government must respect all of a person's legal rights, instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property.
Due Process 4 th - Search and Seizure and Search and Arrest Warrant 5 th - Against Self-Incrimination and Double Jeopardy 6 th - Right to an Attorney, Speedy Trial, Hear Witnesses against you, Change of Venue 8 th- Against Excessive Bail and Fine and Cruel and Unusual Punishment
14 th Amendment: Due Process Clause Mapp v. Ohio (1961) Gideon v. Wainwright (1963) Miranda v. Arizona (1966)
Gideon v. Wainwright (1963)
The Equal Protection Clause provides that "no state shall… deny to any person within its jurisdiction the equal protection of the laws."
14 th Amendment: Equal Protection Clause Brown v. B.O.E. (1954) Baker v. Carr (1962) Regents of the University of California v. Bakke (1978)
Brown v. B.O.E. (1954)
Civil Liberties Freedoms guaranteed to the individualFreedoms guaranteed to the individual Restraints on the governmentRestraints on the government Declares what government cannot doDeclares what government cannot do …and what the government must prevent others from taking from you…and what the government must prevent others from taking from you
Civil Rights What the government must do or provideWhat the government must do or provide Basic right to be free from unequal treatmentBasic right to be free from unequal treatment Free from prejudice based on characteristics such as race, gender, disability, etc…Free from prejudice based on characteristics such as race, gender, disability, etc…