Do Now:1.
Google Classroom2.
Open: “The Bill of Rights” (SLIDES)
U.S. C
onstitutionSectio
ns:
Preamb
le ●
Intro
.
Article I●
Legislative Bran
ch
Article II●
Executive B
ranch
Article III●
Jud
icial Bran
ch
Article IV●
Stateho
od
+ Citizen
ship
Article V●
Am
end
men
t Process
Article V
I●
Deb
ts
Article V
II●
Ratificatio
n (ap
pro
val) pro
cess
The Bill of Rights Objective: Identify the freedoms present in the Bill of Rights and how they apply to everyday
life for Americans
The Bill of Rights as a Compromise ●
States had a LOT of power in the Articles of Confederation ●
The states worried about a strong federal government acting like a king/ having too much power
●To protect the essential rights of Americans, a Bill of Rights was written by James Madison.
●After the states saw that the citizens would have certain basic freedoms, the states compromised and supported the Constitution
Bill of RightsThe Bill of Rights are the first 10 Amendments to the Constitution.
An Amendment is a change to the Constitution.
Class Discussion Why would the founders allow the Constitution to be amended (changed)?
Amendment I
Actual Text:
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.
Slightly Translated:
The First Amendment provides several rights protections: to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems. It also protects the right to religious beliefs and practices. It prevents the government from creating or favoring a religion.
Freedom of Speech/Expression Allows Americans to criticize their leaders.
Freely express their opinions (even if they are offensive)
Make political statements like wearing t-shirts or armbands with messages
Limits
You cannot put others in danger with your words (screaming fire in a movie theater)
Print or speak things that are untrue (this is known as slander and libel when it is in writing)
Free PRess The press is given the freedom to publish the stories they want to cover. The government cannot ban a story they do not like. This is the freedom of the press.
According to the North Korean press, “Dear Leader” Kim Jong Un, is the “smartest man alive.” This is a nation with state controlled press. They print what the government tells them to print. North Korea lacks a free press. Their news is not seen as trustworthy by the world.
“Do you know where the m
ilk came from
? It came from
the D
ear Leader. Because of his love and consideration, we are drinking m
ilk today,”-North K
orean refugee remem
bers teachers in school describing N
orth Korea’s leader
Freedom of Religion The United States can never have a national (state-sponsored) religion
Americans have the right to freely express their religion
Limit
Americans cannot commit crimes and then say it is part of their religion
Right to Peacefully Assemble and petition the Government Americans can assemble/ protest in public spaces as long as it is orderly and peaceful
American can petition the government by gathering enough signatures. This means they want the government to change something
If enough people sign the petition,the government will take a look at the issue.
Amendment II
Actual Text:
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.
Slightly Translated:
The Second Amendment protects the right to bear arms.
Right to Bear Arms Allows Americans to legally own a firearm.
This was done as a protection against a powerful federal government that could take away rights of the people
Limits
Americans must follow the laws of their state to legally own a gun. (must be 18 or have background check for example.
Some weapons like tanks are illegal to purchase by citizens
Amendment III
Actual Text:
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Slightly Translated:
The Third Amendment prevents government from forcing homeowners to allow soldiers to use their homes. Before the Revolutionary War, laws gave British soldiers the right to take over private homes.
Ban on Quartering of Troops After being forced to quarter (house and cloth) British soldiers, Americans never wanted to be forced to care for soldiers in peacetime again.
So the 3rd Amendment bans quartering of troops in peacetime.
Amendment IV
Slightly Translated:
The Fourth Amendment bars (bans) the government from unreasonable search and seizure of an individual or their private property.
Actual Text:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No unreasonable Search and Seizure Agents of the government (such as police) are required to have search warrant before they search a person’s belongings such as a house, clothes, or car.
The government needs a good reason before anything or yours is searched or seized.
Amendment V
Actual Text:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Slightly Translated:
The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials.)
I plead the Fifth! You have heard it over and over in crime tv shows, in court the defendant screams “I plead the 5th!”
In the U.S. you do not have to incriminate yourself or your close family. This means you cannot be asked questions that would show you or your family are guilty.
Also, we are protected from Double Jeopardy in the United States.
What this means is the government cannot keep having trials until you are convicted as guilty. The government has one chance per crime to charge you. If you are innocent, they cannot charge you again for that exact crime.
Amendment VI
Slightly Translated:
The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer.
Actual Text:
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, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Protections for those accused of a crime You are given the right to a speedy trial. The government cannot hold you in jail without charging you with a crime in a timely manner. You will have the right to a lawyer.
You also must be informed of what you are being charged with (assault, tax fraud, hit and run, etc)
You cannot defend yourself in court unless you know what the government is accusing you of.
You have the right to an impartial jury. This means the jury must be fair and cannot be related to or know you in any way.
During jury selection, the jurors are asked a number of questions. “Do you know the defendant?”
If they answer yes, the juror is never selected.
Amendment VII
Actual Text:
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Slightly Translated:
The Seventh Amendment extends the right to a jury trial in Federal civil cases.
Jury Trial in Civil Cases Civil cases are those that involve money (must be more than $20 dollars)
You are guaranteed a jury trial in those cases.
Remember civil cases do not result in prison time. Only loss of money.
Amendment VIII
Slightly Translated:
The Eighth Amendment bars (bans) excessive bail and fines and cruel and unusual punishment.
Actual Text:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
No Cruel and Unusual Punishment In the United States, there will be no excessive bail.
This is money that you pay if you are arrested to leave jail. If you show up for the court date, you get the bail money back.
The bail cannot be set by the judge as 100 million dollars for stealing candy, that would be excessive.
There cannot be any kind of cruel/unusual punishment in the United States.
You can be sent to prison but you will NOT be tortured.
Amendment IX
Actual Text:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Slightly Translated:
The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.
You have other rights beyond just these 10 AmendmentsWait a second, it doesn’t say I have the right to eat popcorn or watch Netflix in these Bill of Rights…
Well, we all still have rights beyond just the Bill of Rights.
Some rights are not written down but you still have those rights living in America.
Amendment X
Slightly Translated:
The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.
Actual Text:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Powers not given to the Federal Government Go to the StatesRemember most of these rights benefit the people of the United States.
The states wanted some power to themselves. Any power not given to the federal government are given to the states.
Schools, police, and benefits (like unemployment and welfare) are controlled by the states.
The governors of states have a lot of power because unless a power is given directly to the federal government.
Let’s Test your knowledge!1.
Leave this slideshow of notes open.
2.Complete “Bill of Rights Scenarios” (DOC on Google Classroom)