The Bill of Rights Ch. 6 Pp

The Amendment Process Anti-Federalists wanted a bill of rights added Madison wanted it passed quickly to gain support for Constitution

The Amendment Process It begins in Congress or at national conventions called by Congress 2/3 must approve it Congress has proposed all 27 that we have now

The Amendment Process Amendments can be ratified by ¾ of state legislatures, or ¾ of conventions held in states Document ratifying the 27 th Amendment (Alabama’s legislative vote was 38 th )

The Debate in Congress The amendment process for the Bill of Rights began in Congress in 1789 Congress was ready to get to work, but Madison said they must fulfill their promise James Madison

Preparing a Bill of Rights It draws on the Magna Carta, the English Bill of Rights, colonial charters, and state constitutions Madison wanted them placed in the Constitution to link them with other limits on government Majority voted to place them at the end

Proposal and Ratification A committee of Congressmen proposed 12 amendments 2 failed: one to enlarge House membership and another to limit when Congress could raise their salaries

Protections in the Bill of Rights First ten amendments protect citizens’ rights against actions by the national government Three categories: 1) individual freedoms, 2)protections against government abuse of power, 3) rights of citizens accused of crimes

Protection of Individual Freedoms Religious worship Speech Press Peaceful assembly Petition the government

Protections Against Abuse of Power Gun ownership Housing soldiers Unreasonable search and seizure Protecting property rights

Protection of the Accused Miranda Rights – remain silent and have an attorney Fifth Amendment – do not have to be witness against yourself, must be indicted by grand jury for serious crimes

Protection of the Accused Right to trial by jury Bail, fines, and punishments can not be unfairly high No cruel and unusual punishment

Interpreting the Bill of Rights Courts and judges interpret the meaning of people’s rights First ten amendments are broad descriptions of rights, so courts may have difficulty interpreting them Some rights have to be weighed against other rights

The Role of the Courts Citizen’s rights cases usually start in local courts Some decisions may be examined by higher courts Some may go to the Supreme Court

Students and Free Speech Mary Beth and John Tinker wore black armbands to school to protest the Vietnam War School officials said they could not wear them, because they were disrupting school

The Tinker Case Lower court ruled that the armband rule was necessary to avoid disruption Supreme Court said the armbands were symbols of free speech and protected by the 1 st Amendment Morse v. Frederick (Is this free speech, like Tinker ?)

The Skokie Case: Freedom for Nazis? The American Nazi Party wanted to march through town Town said they must have $350,000 in insurance They planned to rally anyway and court said they could not Frank Collins Former leader of the National Socialist Party of America

The Skokie Case U.S. District Court ruled that the insurance law was too costly for most groups and restricted free speech Also, insurance law was not applied to all groups First Amendment protects the expression of all opinions, even unpopular ones

The Continuing Challenge Protecting the rights of citizens is everyone’s responsibility Judge Hand said that by respecting one another’s rights, we help guarantee the survival of the Bill of Rights Judge Hand