Bill of Rights

Students will be able to identify and explain the purpose of each of the 10 amendments in the Bill of Rights

Background on Constitution

The Constitution is the highest law in the United States. All other laws come from the Constitution. It says how the government

works. It creates the Presidency. It creates the Congress. It creates the Supreme Court.

Each state also has a constitution. The constitutions of the states are their highest law for that state — but the United States

Constitution is higher.

The Constitution can be changed. The Constitution is changed by an

"amendment." Among the amendments is a list of the rights of the people. By listing these rights, they are made special. It is

illegal for the government to violate those rights. As of 2014, there are 27

amendments. Not all of them involve rights, but many do. The first ten amendments are special. They are called the Bill of Rights.

Bill of Rights

Background● The absence of a “bill of rights” turned out to be an

obstacle to the Constitution's ratification by the states.

● It would take four years of intense debate before the new govt's form would be resolved.

● The Federalists opposed including a bill of rights, claiming it was unnecessary.

● The Anti-Federalists, who were afraid of a strong centralized government, refused to support the Constitution without one.

Background

● James Madison wanted to preserve a powerful national government.

● He played a leading role in drafting the first 10 amendments that became the Bill of Rights.

● In this way, Madison made sure to guarantee the rights to individuals, but not remove any rights from the national government of its authority.

● The American Bill of Rights, inspired by Jefferson, drafted by Madison, was adopted and in 1791, the Constitution's first ten amendments became the law of the land.

Who determines what the Bill of Rights mean?

● The Supreme Court makes rulings on the meaning.

● The Supreme Court balances the rights of individuals and the needs of society.

Students vs. Adult Rights.

● With very few exceptions, students ARE NOT protected by the Bill of Rights.– Reason: Maturity– Minors cannot vote, drive, marry, bear arms,

refuse schooling until ages 16-18.– Courts do recognize students rights to Due

Process and the 8th Amendment.

● The majority of the following do not apply to you... yet.

The first amendment—5 rights mentioned

Freedom of Speech Freedom of Religion Freedom of the Press Freedom of Assembly Right to petition the

government

Freedom of speech “Congress shall make no laws . . .

abridging the freedom of speech”

Free speech– The individual can: Say any political belief Protest (without getting out of control) Say things about someone that are true Burn the flag Say racist and hate slogans Free speech means someone might say

something you disagree with

Free speech—limits on the person

Threaten to blow up airplanes, schools or the president

Sexual harassment Create too much social chaos Extremely crude language in a public form Disrespectful, vulgar language in schools Hate crimes

Freedom of Religion “Congress shall make no law respecting an

establishment of religion or prohibiting the free exercise there of”

Two clauses:

Establishment clause Free Exercise clause

Establishment and free exercise clause often conflict with each other

In schools, the religion issue is most prevalent

If a student raises his hand and says “teacher, can we say an opening prayer before this test”

If the teacher says:

“Yes”, It looks like establishment of religion

“No”, It is denying a student free exercise.

Establishment Clause—Government cannot promote religion

Establishment clause-GovernmentCans Cannot

Teach about religions in school

Allow voluntary prayer in many examples

Transport students to a religious school

Read Bible for culture or literacy content

● Set a state religion

● Government cannot order a prayer

● Teach religious doctrine in the school

● Pay seminary teachers

● Teach creationism

Free exercise of religion

Free Exercise—The personCan Cannot Choose whatever

religion Lead a prayer in most

examples Ask questions about

religions Worship who ever

you want

● Break the law and claim it is religious belief

● Raise children without education

● Deprive children of basic needs

Freedom of the press Congress shall make no

law . . . abridging . . . the freedom of the press.”

Freedom of the press-the pressCan Cannot Print any political

position Make fun of people,

especially politicians Expose wrongs by

the government Say things you might

not agree with

● Libel– intentionally injuring a person’s reputation by false facts

● Disclose defense-security secrets

● Detail how to make a certain weapons

Freedom of Assembly Congress shall make no law . . . Abridging .

. . The people to peaceably assemble”

Freedom of Assembly--IndividualCan Cannot

Protest Parade (with a

permit) Parade chanting

hate slogans Gang members

can congregate in public

● Protest by throwing rocks and breaking windows

● Hang out on private land against owners will—loitering

● Teen curfew

Petition the Government “Congress shall make no law . . .

Abridging . . . the people. . . to petition the government for a redress of grievances”

Petition the government You may sue the government for wrongs You cannot be punished for exposing

wrongs by the government The courts decide the wrongs

2nd Amendment—Right to bear arms

“A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”

What is the debate with the right to bear arms?

How much can the government keep guns from criminals and youth?

In order to keep guns away from criminals, does that limit the right of law abiding citizens?

Gun debate continued Thousands of

people die every year because of guns

Thousands of crimes are prevented because of guns

Shoes representing gun deaths.

Third AmendmentNo quartering of Soldiers

The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.

Rights of the Accused Amendments #4-8

Important to preserve freedom

Fourth Amendment No illegal

searches and seizures

Cops usually need a warrant to go through your stuff.

● Home

● Searches and seizures inside a home without a warrant are presumptively unreasonable.

● However, there are some exceptions. A warrantless search may be lawful:

● If an officer is given consent to search; 

● If the search is incident to a lawful arrest; 

• If there is probable cause to search and exigent circumstances;

• If the items are in plain view;

● A Person● When an officer observes

unusual conduct which leads him reasonably to conclude that criminal activity may be afoot, the officer may briefly stop the suspicious person and make reasonable inquiries aimed at confirming or dispelling the officer's suspicions.

Schools

School officials need not obtain a warrant before searching a student who is under their authority; rather, a search of a student need only be reasonable under all the circumstances.

●`

Cars:●Where there is probable cause to believe that a vehicle contains evidence of a criminal activity, an officer may lawfully search any area of the vehicle in which the evidence might be found.

●The use of a narcotics detection dog to walk around the exterior of a car subject to a valid traffic stop does not require reasonable, explainable suspicion

Fifth Amendment You cannot be tried for the same crime

twice—called “Double Jeopardy” You do not have to testify against your self.

“I plead the fifth” You must have due process of law before

you are convicted The government cannot take your land

unless it pays.

6th amendment

● 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 where in 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.

Sixth Amendment

Right to speedy trial by impartial jury—meaning not favoring either side

Sixth Amendment continued You must be told

of charges You must be

provided a lawyer if you cannot afford one

Seventh Amendment

● Amendment 7 = Right to a jury trial in Civil Cases (non-criminal cases usually involving $$ compensation).

Eighth Amendment No

excessive bail

No cruel and unusual punishment

Prisoner kissing his Mom in prison

Ninth Amendment

● Amendment 9 = Says that the rights listed are not comprehensive thereby protecting all basic rights of citizens even if not mentioned specifically in the Constitution.

Tenth Amendment

● 10th Amendment: Says that all powers not specifically granted to the national government are reserved for the states—“RESERVED POWERS”

13, 14, 15The Civil War Amendments

● These were added at the end of the Civil War in order to grant the newly freed slaves rights.

13th Amendment

● - an amendment to the U.S. Constitution that outlawed slavery in the United States

14th Amendment

● an amendment to the U.S. Constitution that defines citizenship, grants citizenship to former slaves and defines voters as males at least 21 year of age

15th Amendment

● – an amendment to the U.S. says that you cannot deny a citizen the right to vote based on race.

19th Amendment

● an amendment to the U.S. Constitution that grants women the right to vote

24th Amendment

An amendment to the U.S. Constitution that made poll taxes illegal as a condition for voting

26th Amendment

● an amendment to the U.S. Constitution that lowers the minimum voting age to 18