1. WHAT ARE BILLS OF RIGHTS AND WHAT KINDS OF RIGHTS DOES THE US BILL OF RIGHTS PROTECT?
LESSON 27

2. LESSON OBJECTIVES When you complete this lesson you should be able to:
Examine the Constitution and its amendments and identify which of the rights they are contain are:
Held by individuals, classes or categories of individuals or institutions
Personal Economic or political rights
Positive or negative rights
Identify possible conflicts among these rights
Describe various interpretations of the 2nd, 3rd, 9th, 12th amendments
Evaluate, take and defend positions about the kinds of rights protected by the US Constitution and Bill of Rights.

3. WHAT ARE BILLS OF RIGHTS AND HOW HAVE THEY EVOLVED?
Struggle of people and groups and the power of the government to interfere with or violate those rights has been a central theme of societies for a long time.
Magna Carta (1215)
English Bill of Rights (1689)
Rule of law – foundation of a legitimate government
Free speech and debate in Parliament
Petition of the Crown by subjects
Prohibited keeping a standing army in times of peace
People should be represented in legislative institutions
Passed by Parliament as an ordinary piece of legislation

4. WHAT ARE BILLS OF RIGHTS AND HOW HAVE THEY EVOLVED?
Struggle of people and groups and the power of the government to interfere with or violate those rights has been a central theme of societies for a long time.
Magna Carta (1215)
English Bill of Rights (1689)
Rule of law – foundation of a legitimate government
Free speech and debate in Parliament
Petition of the Crown by subjects
Prohibited keeping a standing army in times of peace
People should be represented in legislative institutions

5. Virginia Declaration of rights
SECTION 1: That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; mainly, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
SECTION 2: That all power is vested in, and consequently derived from, the People; that magistrates are their trustees and servants, and at all times amenable to them.
SECTION 3: Government ought to be instituted for the common benefit, protection and security of the people.
Remaining sections address governmental organization and the rights that should be free from government.
Other states adopted constitutions with bills of rights, except New York, which embedded theirs into the constitution.

6. Examining bills of rights
Clarification questions:
Who holds the right? Is it individuals, classes, categories of individuals or institutions?
What kind of right is it – personal, economic or political?
Does it require the government to act or refrain from acting?

7. WHO MAY HOLD RIGHTS:
INDIVIDUALS: Reflects the ideas that humans should be considered autonomous and self-governing. Fundamentals of freedom of thought, conscience privacy and movement.
Natural rights philosophy
All men are created equal
CLASSES OR CATEGORIES
Children
Veterans
Disabled
Professionals: doctors, attorneys, teachers, contractors, airplane pilots
INSTITUTIONS: Schools, governmental institutions, unions, universities, business partnerships and corporations.

8. COMMON CATEGORIES OF RIGHTS:
PERSONAL RIGHTS: Rights for individual autonomy
Freedom of thought, conscience, privacy and movement
Intellectual property
Autonomous self-governing
Given by a higher power
Possess rights at birth
ECONOMIC RIGHTS
Right to choose profession
Acquiring and disposing of property
Entering into contracts
Professionals: doctors, attorneys, teachers, contractors, airplane pilots
POLITICAL RIGHTS: Rights of individuals that address political participation and can be created and protected by statues, national or state constitutions or both
Right to vote
Engage in political activities

9. Do rights require government to refrain from acting
Positive Rights: Require the government to act in a specified way
Individuals to receive services
Protection of persons and property from criminal acts
Protection from aggression of other nations
Public school, food, housing, medical care
Speedy and public trial
Right to a jury trial

10. Do rights require government to refrain from acting
Negative Rights: Restrict government action
“Congress shall make no law…”
1st Amendment
Press
Assembly
Speech
Petition
Religion

11. What kind of rights does the bill of rights protect?
Specific guarantees to individual rights
2nd amendment
US v. Miller – Court leaned toward the institutional view
Case by case approach
3rd amendment
Man’s home is his castle
During times of war – set aside

12. Rights protected in the body of the constitution
Hamilton No. 84
Constitution is a Bill of Rights
Each section is designed to prevent abuse of power
10th Amendment
States the nature of American Federalism – adds nothing to the Constitution
Protects the rights of the states against the national government.

13. Attitudes about the bill of rights
James Madison was criticized for pushing the Bill of Rights through Congress
Madison considered it a “nauseous project”
Upset Anti-Federalists—hoped to rewrite the Constitution
Lukewarm reception by average person
Thought it had little effect on their life
Barron v. Baltimore (1833) –Bill of Rights applied only to the national government.
14th Amendment and many Supreme Court decisions incorporate most of the provisions of the Bill of Rights as limits on states as well as the national government.

14. Fun Facts Recent poll show:
Most Americans knew 1-10 were Bill of Rights
Most knew little or nothing about the meaning, history and application of key concepts in the Bill of Rights
Recent Poll show that 69% of respondents knew that the 1st Amendment protects freedom of speech.
24% knew that it protects freedom exercise of religion
11% -- freedom of the press
10% -- freedom of assembly
1% -- right to petition the government for redress of grievances
More than half believed that the 1st Amendment guarantees the right to trial by jury and the right to vote.