Evaluating rights in the U.S. Constitution Write the Rights! SS.7.C.2.4 Evaluate rights contained in the Bill of Rights and other amendments to the Constitution. Evaluating rights in the U.S. Constitution

Remember the Federalists and Anti-federalists? What were their differences? Remember the Federalists and Anti-federalists?

Difference of Opinion Anti-Federalists Federalists Keep the Articles of Confederation Favored power divided among state governments People should be protected from the power of government by having clearly outlined rights in a “Bill of Rights” in the Constitution Toss the Articles of Confederation Favored strong central government Believed the Constitution in its original form would protect the rights of the people Students should copy these distinctions in their notes in a side-by-side comparison.

Role of the Constitution Outline the structure and function of government Protect the rights of the people Role of the Constitution

The Bill of Rights The first ten amendments to the United States Constitution Amendments are changes or additions to a document There were originally 12 amendments in the Bill of Rights, but only 10 were approved in 1789.

Bill of Rights Overview https://www.youtube.com/watch?v=yYEfLm5dLMQ Produced by Belinda Stutzman for TedEd

Let’s look at our Rights! We will be looking at some of the rights in the U.S. Constitution. As we go through the PowerPoint, identify the rights in the scenarios on your handout and write down the right! Let’s look at our Rights!

The First Five Rights Find the five rights in the First 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.

The First Five Rights (1st) 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. Discuss each of the rights with the students. Religion: Congress cannot establish an official religion or prohibit people from practicing their religion. Speech: is speech just the words that come out of your mouth? No. Speech includes messages on t-shirts, signs, or symbolic speech like wearing a certain color to represent something or wearing and armband as a form of peaceful protest. It can also include what you say on Facebook, Twitter, Instagram, and other social media. Press: this includes publications like newspapers, magazines, items published on the internet, etc. Freedom of press is important because it allows media to report on news and keeps the government from becoming the main source of news. What would happen if the government was the only party that could provide the news? Assembly: This is the right of people to come together peaceably. This includes peaceful protests, religious services, civic meetings, and much more. Petition: To petition is to make a formal request of government. This right allows the people to make formal requests of government like petition for certain rights, lower taxes, or government services.

Right to Bear Arms (2nd) 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. Ask the students who is responsible for interpreting the meaning of the Constitution. The judicial branch. The second amednment has been the subject of many debates – did the Founders think just the militia should have arms? Did they think it was the right of all people? The court has determined in D.C. v. Heller. From the opinion: The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home. Like most rights, the Second Amendment right is not unlimited. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

No quartering of Soldiers (3rd) No soldier shall, in time of peace be quartered in any house, without the consent of the owner...

Protection from Unreasonable Search and Seizure (4th) The right of the people to be secure…against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause…

Protection from Double Jeopardy No person shall…be subject for the same offence to be twice put in jeopardy of life or limb…

Protection from self-incrimination No person shall…be compelled in any criminal case to be a witness against himself…

Due Process No person shall…be deprived of life, liberty, or property, without due process of law…

Eminent Domain …Nor shall private property be taken for public use, without just compensation.

Right to Legal Counsel In all criminal prosecutions the accused shall…have the Assistance of Counsel for his defence.

Right to Trial by Jury 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 wherein the crime shall have been committed… In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved…

Protection from Cruel and Unusual Punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Bill of Rights (Amendments 1-10) The first ten amendments to the U.S. Constitution are summarized below. Bill of Rights (Amendments 1-10) 1. Freedom of religion, speech, press, assembly, and petition. 2. Right to keep and bear arms in order to maintain a well regulated militia. 3. No quartering of soldiers. 4. Freedom from unreasonable searches and seizures. 5. Right to due process of law, freedom from self-incrimination, double jeopardy. 6. Rights of accused persons, e.g., right to a speedy and public trial. 7. Right of trial by jury in civil cases. 8. Freedom from excessive bail, cruel and unusual punishments. 9. Other rights of the people. 10. Powers reserved to the states .  

Other Rights in the U.S. Constitution In total, there are 27 Amendments to the U.S. Constitution. Other Rights in the U.S. Constitution

Equal Protection No State shall make or enforce any law which shall …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.

The Right to Vote (Suffrage) shall not be denied on account of: Race, color, or previous condition of servitude; Gender; Failure to pay poll tax or other tax; Age for those who are 18 and older.

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