The Bill of Rights

American Government Class Grade 12 Ms. Wynne

What, Why and When

Remember that after declaring freedom (Declaration of Independence), the colonies had to form a government. The first government under the Articles of the Confederation did not work, so in 1787 the founding fathers put together a new form of government (the Constitution). Not everyone was in favour of the Constitution, especially because it did not list the specific rights the people of the country had. The Constitution was created in a way that allowed changes to it (called Amendments). A Bill of Rights was to be added to the Constitution in order to help get it approved by the states. In 1791, the Bill of Rights was approved and added to the Constitution.The Bill of Rights includes the first10 amendments to the Constitution and guarantees individual rights and protections by specifically stating what the government CANNOT do to people.

 How many of the Bill of Rights can you names right now?

The First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therof; or abridging the freedom of speech, or the press; or the right of the people to assemble, and to petition the Government for a redress of grievances.

Today in the U.S. you are allowed to believe in any religion, provided you do not break any laws in exercising those beliefs You are allowed to say (freedom of speech) or write and publish (freedom of the press) whatever you wish, if you are willing to accept the consequences.If you lie about someone, it is known as libel (written lies) or slander (spoken lies). You could be sued in court for libel or slander. You are allowed to show your dissent (disapproval or dissatisfaction) with government by holding a protest, but it must be in a public place and it must not break any laws.

Freedom for Speech Freedom of the Press Freedom of Religion

The Second Amendment

Do you have the right to own ANY weapon? Militia= the Army. Should only military people own weapons? What is a weapon?
-A handgun? -A rifle? -An assault rifle? -A tank? -An F-16 fighter jet? -Biological or nuclear weapons?

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.

(Most families on America in 1791 had a gun (single-shot) of some sort in the home for hunting and/or self-defense.) The worst weapon known to man in 1791 (when the Bill of Rights was approved) would have been a canon.

Currently most states allow ownership of handguns and rifles. Many states do not allow for assault rifles.

Right to Bear Arms

The Third Amendment

This was created in response to British laws before the Revolution. The British were allowed to house troops in homes of colonists against the colonists wills. Today this doesnt really apply, but it is important because it shows the right to privacy in your home.

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.

Quartering

The Fourth Amendment

The right of the People to be secure This restricts police from stopping and in their persons, houses searching you without a reason (probable papers and effects, cause) against unresonable searches and seizures, If the police stop you for a traffic shall not be violated violation, can they search your car? and no Warrents shall Can your parents allow your room to be issue, but upon searched against your will? probable cause, Can the school search your locker? supported by Oath or affirmation, When is a warrant needed? and particularly -A warrant must be specific as to the object describing the place to be searched for and the place to be to be searched, and searched. It also must be signed by a the persons or things judge. to be seized. Search and Seizure

The Fifth Amendment

DUE PROCESS: Steps taken from arrest to trial must be fair. Arraignment must occur shortly after arrest (meaning that you must face a judge who will tell you what you are charged with and will ask you how you plead) Right to a grand jury to determine if a trial should be held. DOUBLE JEOPARDY: You cannot be tried for the same exact crime more than one time (once a verdict is reached in court) SELF-INCRIMINATION: You do not have to answer questions (either from the police or in court) that might make you look guilty. You have the right to remain silent, anything you say can be used against you in a court of lawMiranda warnings police read before questioning

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand Jurynor 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.

The Sixth Amendment

RIGHT TO A SPEEDY TRIAL: Once indicted by a Grand Jury a trial must happen as soon as possible. RIGHT TO A PUBLIC TRIAL: A trial must happen in a public court where the court proceedings may be known to the public. RIGHT TO A JURY TRIAL: A trial must have a jury made up of everyday people. The jury must reach a unanimous decision(12-0) or a mistrial can result. RIGHT TO SUBPOENA: A subpoena is a courtordered paper requiring you to testify in court. It is illegal to refuse to testify if you are issued a subpoena. RIGHT TO AN ATTORNEY: This information is continued in the Miranda warnings, police state: If you cannot afford an attorney, one will be provided.

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 Defence.

The Seventh Amendment

If two people disagree on a contract, or if someone buys something that doesnt work, you can take a person or a company to court. This is called a civil case. In civil cases you are allowed to have a jury trial. Civil court juries do not rule guilty or not guilty, but instead rule in favor of one party or the other. They also do not need to have a unanimous vote to reach a verdict. It is possible for you to be tried in criminal court and civil court.

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 re-examined in any Court of the United States, than According to the rules of the Common law.

Right to a Jury Trial in Civil Cases

The Eighth Amendment

Bail is money that you pay to get out of jail while awaiting your trial for a criminal charge. The money is returned to you when you show up in court. In essence this means that the punishment needs to fit the crime.(e.g. you wont get fined $10,000 for parking in a tow-away zone. Criminals arent used for medical experiments while in prison.) Should we deny the chance for bail to terrorists? To murderers? Is the death penalty cruel or unusual punishment?

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Cruel or Unusual Punishments

The Ninth Amendment

This is supposed to mean that if the rights were not spelled out specifically in the Constitution, then those rights belonged to the people. For example, the Constitution has nothing init about who you use for your Internet service provider. Therefore, the government cannot deny you that choice.

The enumeration in the Constitution, of certain Rights, shall not be construed to deny or disparage others Retained by the people.
Rights to the People

The Tenth Amendment

This is supposed to mean that if the rights were not spelled out specifically in the Constitution, then those rights belonged to the states. For example, the Constitution is silent about driving a car. The power to grant licenses for driving is a power left to the states. Each state has its own law, which is why you can drive a car by yourself at age 15 in South Carolina but have to wait until age 16 in Ohio.

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.
Rights to the States