Presentation on theme: "Constitutional Roots By 1790, all 13 original states ratified the Constitution Many people did not believe the Constitution did enough to protect."— Presentation transcript:
Constitutional Roots By 1790, all 13 original states ratified the Constitution Many people did not believe the Constitution did enough to protect individuals Many different views on whether individual rights should have been included
Should individual rights be included in the Constitution? Thomas Jefferson “Bill of Rights is what people are entitled to…and what no just government should refuse.” Alexander Hamilton No laws needed to stop the government from doing things the Constitution gives it no power to do
Other arguments States already have own bill of rights to protect individual liberties Counterargument: Many states (such as NY) did not have a bill of rights Would states oppose the Constitution without the Bill of Rights? Madison’s solution: 10 amendments that focused on individual rights DO YOU THINK THE BILL OF RIGHTS WAS A NECESSARY ADDITION TO THE CONSTITUTION? WHY/WHY NOT?
First Amendment Freedom of Religion Freedom of Speech Freedom of the Press Freedom of Assembly Freedom of Petition
Think-Pair-Share Which of the freedoms granted in the First Amendment do you believe is most important? Why? Write out your response with at least 2 reasons as to why that freedom is most important You will then share with a neighbor to discuss before a class-wide sharing of responses
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. Do you agree with the cartoonists? Why/Why not?
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.
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.
Fifth Amendment Indictment: Formal accusation of an individual for the crime Must happen before a person can be tried for a serious offense Grand jury decides if there is enough evidence to go to trial Protection from harsh government
Fifth Amendment (continued) Protection from Self-Incrimination Do not have to testify against oneself “I plead the fifth” Protection from double jeopardy Cannot be tried twice for the same crime Cannot be denied life, liberty, or property without due process of law Cannot be punished for a crime until the law has been fairly applied
Fifth Amendment (continued) Eminent Domain “nor shall private property be taken for public use, without just compensation” Protects right to own property, but goes government power to take private property for public use Must give fair market value
Sixth and Seventh Amendments Sixth Speedy and public trial Impartial jury where crime was committed Informed of charges Witnesses for both sides Right to an attorney Seventh Trial by jury in cases involving money/property
Eighth Amendment Ensures people appear for trial Judges order accused to pay bail Money or property that the accused gives the court to hold Person released from jail Get money back when you return for trial Judges cannot set excessive bail Forbids cruel and unusual punishment
Ninth and Tenth Amendments Ninth Amendment Americans enjoy basic rights not in Constitution Open for interpretation for they are not defined Rights mentioned in past: political activism and privacy Tenth Amendment Powers not specifically given to Federal government belong to states or the people