Transcript Document
The Bill of Rights • Added to the Constitution in response to state concerns about protecting the rights of citizens and the power of the states. • The First Congress of the U.S. proposed 12 amendments on September 25, 1789 to address the concerns of states. • The first two amendments, concerning the number of constituents (people) for each Representative and the compensation (payment) of Congressmen, were not ratified. • Articles 3 to 12 were ratified (agreed upon) by threefourths of the state legislatures, and became the first ten amendments to the Constitution, also known as the Bill of Rights. The Bill of Rights Amendment I 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. Freedoms granted by this amendment? 1. Freedom of religion 2. Freedom of speech 3. Freedom of the press 4. Freedom to assemble 5. Freedom to petition government for grievances Summary Guarantees our freedom of speech, religion, press, and to assemble peaceably. The Bill of Rights Amendment II 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. Questions: What are “arms”? What does infringe mean? What is a militia? Why did we need one? How is this Amendment being discussed today? Summary Guarantees the right to bear arms The Bill of Rights Amendment III 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. Question Why might The Founding Fathers have thought that this was important enough to be included in The Bill of Rights? Summary Prohibits the quartering of troops in private residences. The Bill of Rights Amendment IV 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. Question Are there exceptions where law enforcement would not need a warrant? Plain view clause Summary Protects against unreasonable search and seizure. The Bill of Rights Amendment V 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 offence 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. Indictment: (n) a formal accusation initiating a criminal case The Bill of Rights Questions for Amendment V: List the rights granted in The Fifth Amendment: •Due process of law •Requires indictment by a grand jury •Prohibits a person from being tried for the same crime twice (double jeopardy) •Gives defendants in trial the right not to testify against themselves. Summary Protects the rights of people accused of a crime by guaranteeing the due process of law, requiring an indictment by a grand jury, prohibiting a person from being tried for the same crime twice, and giving defendants in trial the right not to testify against themselves. The Bill of Rights Amendment VI 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. Summary Guarantees the right to a speedy and public trial before an impartial jury, right to an attorney and the right to cross-examine the witnesses. The Bill of Rights Amendment VII 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. Question: How does a criminal trial differ from a civil one? Summary Guarantees the right to trial by jury in a civil case. The Bill of Rights Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. "No cruel and unusual punishment is to be inflicted; it is sometimes necessary to hang a man, villains often deserve whipping, and perhaps having their ears cut off; but are we in the future to be prevented from inflicting these punishments because they are cruel?" Senator Samuel Livermore (New Hampshire) 1 Annals of Congress 754 (1789) Question: How should we define what is "cruel and unusual"? Summary Prohibits excess bail and the use of cruel and unusual punishment. The Bill of Rights Amendment IX The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. *enumeration - numbered list *construed – interpreted in a certain way *disparage – represent of little worth Question: What do you think the Founding Fathers were talking about here? Summary Guarantees the just because a right is not listed in the Constitution does not mean the people do not retain that right. (i.e. natural rights) The Bill of Rights Amendment X 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. Questions: Can States make laws in additional to the laws of the federal government? Can the States make laws that are in opposition to laws created by the federal government.? Summary Means that all rights not given to the Federal government in the Constitution are given to the states and the people. Examples Education requirements, rules for marriage, state taxes.