The AmendmentsChapter 3, Section 4U.S. Government

2013

Quick write: “Only one in three Americans knows what

the Bill of Rights is, according to a poll commissioned by the American Bar Association. 33% correctly identified the Bill of Rights as the first ten Amendments to the Constitution; but 28% said it was the Constitution’s Preamble. Another 7% confused it with the Declaration of Independence, and 10% didn’t know. Fewer than 1 in 10 knew why the Bill of Rights was adopted.”

Answer: Why was the Bill of Rights Adopted? Prior to this class, did you know what the Bill of Rights was?

The Bill of Rights Drafted right after the ratification of the

Constitution. The Constitution was criticized for not

protecting people’s rights. The states ratified the Bill of Rights in 1791 Bill of Rights limits the powers of government

Q: What is the purpose of the Bill of Rights?

The Bill of Rights The purpose of the Bill of Rights is to

protect the rights of individual liberty and rights of persons accused of crimes.

The Bill of Rights-First Amendment

Congress cannot make a law that violates or deprives citizens of these individual rights: Right to Free Speech Freedom of Religion Right to assemble Right to petition the government Freedom of the press

The Bill of Rights-First Amendment

Freedoms with limits: The freedoms of speech and the press are not

unlimited. Laws prohibit slander and libel Slander: false speech intended to damage a

person’s reputation Libel: similar to slander except it applies to written

or published statements.

*Endangering the nation’s safety by giving away military secrets is not protected.

*calling for violent overthrow of the government is also not protected.

*The first Amendment does protect the right to criticize government officials and their actions.

The Bill of Rights-Second Amendment

Ensures citizens and nation the right to security

Right to bear arms

*This does not prevent Congress from regulating the interstate sale of weapons.

The Bill of Rights-Third Amendment

Prohibits the government from forcing people to quarter (provide shelter for) soldiers in their home.

This used to be a British practice before the Revolution.

The Bill of Rights-Fourth Amendment

Protects the right to privacy. Requires authorities to have a specific reason

to search a premises or to seize evidence or people.

Probable cause: reasonable basis to believe the person or premises is linked to a crime

Search requires search warrant or arrest warrant (these orders are signed by a judge).

New Jersey v. TLO. School searches are only justified according to the Supreme Court "when

there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of school."

The Bill of Rights-Fifth Amendment

Protects the rights of the accused 1. No one can be tried for a serious crime

unless a jury has decided there is enough evidence to justify a trial

2. A person who is found innocent of a crime cannot be charged again for same offense

3.No one may be forced to testify against themselves

4.Due process of law: government must follow constitutional procedures in trials

The Bill of Rights-Sixth Amendment

Protects the rights of individuals charged with federal crimes to defend themselves in a court trial.

Gives people important rights: Right to a speedy, public trial by impartial jury (can deliver a verdict in an unbiased manner) Accused can choose to have trial by judge alone Accused can choose to change trial location Right to know charges against them Right to hear and question witnesses again them Right to be defended by a lawyer

The Bill of Rights-7th Amendment Provides right to a jury trial in federal courts

to settle all disputes about property worth more than $20

If both parties agree, a judge may settle the case rather than a jury.

The Bill of Rights-8th Amendment Prohibits excessive bail (bail: money or

property that the accused deposits with the court to gain release from jail until the trial)

The judge sets bail in an amount that guarantees the accused will show up for trial. Bail is forfeited if accused does not show up.

The Bill of Rights-9th Amendment States that all other rights not spelled out by

the Constitution are “retained by the people.” Prevents government from claiming that the

only rights people have are those in the Bill of Rights.

The Bill of Rights-10th Amendment

Does not add anything to the Constitution. Confirms that the people and states have

rights that the national government may not assume.

This “reserved powers” provision is a check on the “necessary and proper” power of the federal government.

Other Amendments

Civil War Amendments: 13th: Abolition of Slavery (1865) 14th: Rights of Citizens (1868) 15th: The Right to Vote (1870)

Other Amendments The Later Amendments: wide range of

topics

HOMEWORKReflection: answer the following

Why are the civil rights guaranteed in the Bill of Rights important for people?

Explain why the five freedoms in the First Amendment are important for the people.

What would happen in people did not have the rights guaranteed under the Bill of Rights?

Why do you think it is important to be able to create Amendments to the Constitution?