1. Bill of Rights NOTES

2. OBJECTIVE(S): Discuss why the Bill of Rights was added shortly after the ratification of the Constitution Summarize the rights contained in the Bill of Rights Evaluate the Bill of Rights

3. I. Origin of the Bill of Rights A. In English history, the English Bill of Rights was a document Parliament had new monarchs William and Mary sign when they assumed the throne during the Glorious Revolution. It listed basic rights the government was required to protect for its subjects.

4. B. After the Constitution was completed at the Constitutional Convention, it had to be ratified by 2/3 of the states to go into effect. 1. Supporters of the Constitution that urged its ratification came to be called Federalists. Some leading Federalists wrote newspaper articles explaining why the new government was better than the Articles of Confederation.

5. 2. Other founding fathers thought the Constitution wasn’t good enough. They became known as the anti- Federalists. Their primary criticism was that the document contained detailed list of rights for citizens of the country. They wanted a second convention to write yet another plan for the federal government.

6. 3. The compromise that was struck was for the Federalists to promise the anti- Federalists that after the Constitution was ratified, Congress would immediately use the amendment process to create a list of rights guaranteed by the government. With anti-Federalist opposition relaxed, the Constitution was ratified and the first Congress set about making this list of rights as promised.

7. II. The amendment process

8. The Amendment Process Proposal Proposed by a 2/3 vote in both houses of Congress OR Proposed by 2/3 of state legislatures call for a national convention (never used) Ratification Passage by ¾ of state legislatures OR Passage by ¾ of special state conventions (only used once for the 21 st Amendment)

9. III. The Bill of Rights A. The Bill of Rights refers to the first ten amendments made to the United States Constitution. It is a detailed listing of the rights the American government guarantees its citizens. Twelve were proposed, but only ten were ratified by 3/4 of the states.

10. 1. First Amendment a. Freedom of religion b. Freedom of speech c. Freedom of the press d. Right to peaceably assemble e. Right to petition the government for redress of grievances

11. 2. Second Amendment a. Right to bear arms

12. 3. Third Amendment a. No quartering of soldiers

13. 4. Fourth Amendment a. Protection from unreasonable search and seizure b. Probable cause need for warrants

14. 5. Fifth Amendment a. Rights associated with being tried for a crime 1) Indictment by a grand jury 2) Double jeopardy 3) Not required to testify against yourself 4) Due process 5) Due compensation for seized property

15. 6. Sixth Amendment a. Criminal law trials: speedy and public trial by impartial jury with witnesses and defense counsel

16. 7. Seventh Amendment a. Common law trials: trial by jury

17. 8. Eighth Amendment a. No excessive bail b. No excessive fines c. No cruel or unusual punishment

18. 9. Ninth Amendment a. Other rights exist in addition to these…

19. 10. Tenth Amendment a. Reserved powers clause a. Powers not assigned to the federal government in the Constitution are reserved— or saved—for the states