The Bill of Rights: The First 10 Amendments to the Constitution

James Madison promised to add a Bill of Rights to the Constitution Thomas Jefferson insisted on a Bill of Rights

After over 100 proposed amendments, James Madison chose the ones most likely to pass. He wrote to a friend that the Bill of Rights had become a “nauseous project”! 10 Amendments were passed and ratified by the states.

1st 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 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition.

Is this a 1st Amendment Right? Which one?

Do these pictures represent a 1st Amendment right?

Is this a 1st Amendment right? Which one?

Do these pictures represent rights under the 1st Amendment?

Is this a 1st Amendment right?

2nd Amendment The right to bear arms “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.”

Third Amendment: No quartering troops in homes Get out of my house and stop eating my sandwich! (A man’s house is his castle)

Fourth Amendment: Protects people from unreasonable searches and seizures Before arresting someone, the police either need a warrant or “just cause”. Before searching someone’s house, the police need a warrant from a judge. Warrant – an order from a judge that authorizes the police to take a certain action such as search a home.

5th Amendment Legal Rights The 5th amendment lists five rights of citizens involved with the justice system.

5th Amendment 1. People accused of a serious crime have the right to a grand jury hearing. A grand jury is a group of citizens who hear the government’s evidence and decide whether it justifies a trial. If not, the person is released or not charged.

5th Amendment continued 2. Protection from “double jeopardy” If a person who is tried for a crime is found not guilty, then he cannot be tried again for that same crime.

5th Amendment continued 3. Prohibits “self-incrimination” The police cannot force people to say things that might be used against them in trial. Self-incrimination: the act of giving testimony that can be used against oneself.

5th Amendment continued The protection against self-incrimination applies to defendants testifying in court. They can refuse to answer questions that might damage their case and “plead the 5th” Defendants: People who are required to defend themselves in a legal action such as an accused person who is on trial for a crime.

5th Amendment continued 4. A person cannot be “deprived of life, liberty, or property, without due process of law” A person is innocent until proven guilty. A person must be guilty “beyond a reasonable doubt”.

5th Amendment continued 5. The government cannot take someone’s property for public use without “just compensation”.

6th Amendment Criminal Trial Rights If you were a defendant accused of a crime and going to trial, what rights would you want?

6th Amendment The right to a “speedy and public trial, by an impartial jury” Impartial means fair and not prejudiced

6th Amendment continued The prosecutor must tell the accused (the defendant) what crime was committed, when, and where. The defendant has the right to questions witnesses.

6th Amendment continued …..and most important, You have the right to a lawyer, and if you cannot afford one, one will be appointed by the court.

7th Amendment Civil trial rights Civil cases involve disputes between people or businesses, usually involving money, property, or family matters.

8th Amendment Bail and Punishments BEFORE trial, a judge is forbidden from setting “excessive” bail. For example, if someone stole an iPhone (a stupid thing to do), the judge would not set the bail at a million dollars.

8th Amendment continued AFTER trial, if a defendant is found guilty, the 8th amendment prevents “excessive fines” and “cruel and unusual punishment”.

Amendments 9 and 10 clarify the rights of the federal government, the states, and the people. Who gets left-over or unassigned rights?

9th Amendment “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” “Enumeration” - an ordered or numbered list. So a “list of rights” “Shall not be construed” – “don’t take this to mean” “deny or disparage others retained by the people” – government can’t take away (deny or disparage) other rights of the people.

So….. Just because there is a list of rights in the Constitution, it doesn’t mean that the government can take away other rights of the people that are not listed. Even though “certain rights” are listed in the Constitution, other rights not listed are “retained by the people”. An example is a right to privacy.

10th Amendment Powers not given to the national government are “reserved to the states…or the people.”