1. Bill of Rights
Chapter 10

2. I. Creating the Bill of Rights
Ratification of Constitution
1789 – 1st presidential election
President – George Washington
Vice President – John Adams
1st Congress Meeting
James Madison went through 100 proposed amendments
Presented least controversial to Congress
After much debate, Congress approved 12
Ratification by the States
¾ of states must ratify amendment to make it law
1791 – 9 states approved 10 amendments = Bill of Rights

3. II. First Amendment Rights
Protection of Rights
When believed government has violated these rights, can be challenged in court
If reaches Supreme Court, justices decide how Constitution applies
Right to Worship Freely
2 guarantees of religious freedom
“Congress shall make no law respecting an establishment of religion”
1- separation between church and state
“Congress shall make no law prohibiting the free exercise of religion”
1- people can believe whatever they want in regards to religion w/o fear of punishment
2- can’t do whatever they want in name of religious freedom

4. II. First Amendment Rights
Right to Free Speech and Press
Freedom of the Press
Allow for the free flow of ideas that citizens need to stay informed and make up their minds on important issues
Responsibility in taking care not to spread false accusations or publish harmful info
Freedom of Speech
Protects right to speak freely in public places
Limits some kinds of speech (such as speech that endangers public safety)
Also includes symbolic speech (actions people take to express opinion)

5. II. First Amendment Rights
Right to Assemble and Petition
Right to Assembly
Citizens can use public property for meetings and demonstrations
Protects “peaceful” meetings, not the right to protest violently
Right to Petition
a) To appeal to the government

6. III. Citizens Protections
2nd Amendment: Right to Bear Arms
2 possible meanings
right of the people to own guns only if they are part of military
right of individuals to own weapons for self-defense
3rd Amendment: Quartering Troops
right to refuse the request of opening homes to soldiers
Warning to government to respect privacy of people’s homes
4th Amendment: Search & Seizure
Protects people and their belongings from unreasonable searches and seizures
a) Police must show good reason for allowing the action (warrant)
Guarantees the right to be left alone

7. IV. Legal Rights & Protections
5th Amendment: Legal Rights
Gives accused the right to a grand jury hearing
Protects citizens from “double jeopardy” (cannot be charged twice with same crime)
Prohibits self-incrimination (police cannot force people to say things that could be used against them)
Miranda warning at arrest
Applies to defendants in court (“taking the 5th”)
A person cannot be “deprived of life, liberty, or property, without due process of law” (follow clear rules)
Government cannot take someone’s private property for public use without “just compensation”

8. IV. Legal Rights & Protections
6th Amendment: Criminal Trial Rights
Right to a speedy and public trial
Right to be judged be a jury of peers
Prosecutors must tell accused the charge and time and place of supposed crime
Defendant has right to hear and question all witnesses who testify
A right to an attorney

9. IV. Legal Rights & Protections
7th Amendment: Civil Trial Rights
people in civil cases have right to jury trial
After jury decides facts, no judge can override
8th Amendment: Bail & Punishments
Forbids excessive bail
forbids excessive fines and cruel and unusual punishment
punishments being proportionate to the crime
The reason the death penalty is controversial

10. V. Other Rights & Powers Amendment 9: Rights Retained by the People
1. rights not listed are retained by the people
Amendment 10: Powers Reserved to the States
Powers not given to the national government are reserved to the states
McCulloch v. Maryland (1816)
states protested the 10th amendment prohibited congress from creating a bank.
1 – Maryland placed tax on bank
McCulloch refused to pay tax > Maryland took him to court
Supreme Court sided with McCulloch – did not forbid federal bank, national power is supreme

11. First 10 Amendments BrainPOP 1
Freedom of religion, speech, press, assembly and petition 2
Right to bear arms 3
Quartering troops in home 4
Search and seizure 5
Legal rights 6
Criminal trial rights 7
Civil trial rights 8
Bail and punishment 9
Rights retained by the people 10
Powers reserved to the states