Bill of Rights

NOTES

OBJECTIVE(S):• Discuss why the Bill of Rights was

added shortly after the ratification of the Constitution

• Summarize the rights contained in the Bill of Rights

• Evaluate the Bill of Rights

I.I. Origin of the Bill of RightsOrigin of the Bill of Rights

A.A. In English history, the English Bill In English history, the English Bill of Rights was a document of Rights was a document Parliament had new monarchs Parliament had new monarchs William and Mary sign when William and Mary sign when they assumed the throne during they assumed the throne during the Glorious Revolution. It listed the Glorious Revolution. It listed basic rights the government was basic rights the government was required to protect for its required to protect for its subjects. subjects.

B.B. After the Constitution was completed After the Constitution was completed at the Constitutional Convention, it at the Constitutional Convention, it had to be ratified by 2/3 of the states had to be ratified by 2/3 of the states to go into effect.to go into effect.1.1. Supporters of the Constitution that Supporters of the Constitution that

urged its ratification came to be urged its ratification came to be called Federalists. Some leading called Federalists. Some leading Federalists wrote newspaper Federalists wrote newspaper articles explaining why the new articles explaining why the new government was better than the government was better than the Articles of Confederation.Articles of Confederation.

2.2. Other founding fathers thought the Other founding fathers thought the Constitution wasn’t good enough. Constitution wasn’t good enough. They became known as the anti-They became known as the anti-Federalists. Their primary criticism Federalists. Their primary criticism was that the document contained was that the document contained detailed list of rights for citizens of the detailed list of rights for citizens of the country. They wanted a second country. They wanted a second convention to write yet another plan convention to write yet another plan for the federal government.for the federal government.

3.3. The compromise that was struck was The compromise that was struck was for the Federalists to promise the anti-for the Federalists to promise the anti-Federalists that after the Constitution Federalists that after the Constitution was ratified, Congress would was ratified, Congress would immediately use the amendment immediately use the amendment process to create a list of rights process to create a list of rights guaranteed by the government. With guaranteed by the government. With anti-Federalist opposition relaxed, the anti-Federalist opposition relaxed, the Constitution was ratified and the first Constitution was ratified and the first Congress set about making this list of Congress set about making this list of rights as promised.rights as promised.

II.II. The amendment processThe amendment process

The Amendment ProcessThe Amendment Process

ProposalProposal

Proposed by a 2/3 vote Proposed by a 2/3 vote in both houses of in both houses of

CongressCongress

OROR

Proposed by 2/3 of Proposed by 2/3 of state legislatures call for state legislatures call for

a national convention a national convention (never used)(never used)

RatificationRatification

Passage by ¾ of state Passage by ¾ of state legislatureslegislatures

OROR

Passage by ¾ of special Passage by ¾ of special state conventions (only state conventions (only used once for the 21used once for the 21stst

Amendment)Amendment)

III.III. The Bill of RightsThe Bill of Rights

A.A. The Bill of Rights refers to the The Bill of Rights refers to the first ten amendments made to first ten amendments made to the United States Constitution. the United States Constitution. It is a detailed listing of the It is a detailed listing of the rights the American rights the American government guarantees its government guarantees its citizens. Twelve were citizens. Twelve were proposed, but only ten were proposed, but only ten were ratified by 3/4 of the states.ratified by 3/4 of the states.

1.1. First AmendmentFirst Amendment

a.a. Freedom of religionFreedom of religion

b.b. Freedom of speechFreedom of speech

c.c. Freedom of the pressFreedom of the pressd.d. Right to peaceably assembleRight to peaceably assemble

e.e. Right to petition the Right to petition the government for redress of government for redress of grievancesgrievances

2.2. Second AmendmentSecond Amendment

a.a. Right to bear armsRight to bear arms

3.3. Third AmendmentThird Amendment

a.a. No quartering of soldiersNo quartering of soldiers

4.4. Fourth AmendmentFourth Amendment

a.a. Protection from unreasonable Protection from unreasonable search and seizuresearch and seizure

b.b. Probable cause need for Probable cause need for warrantswarrants

5.5. Fifth AmendmentFifth Amendmenta.a. Rights associated with being tried for Rights associated with being tried for

a crimea crime1)1) Indictment by a grand juryIndictment by a grand jury

2)2) Double jeopardyDouble jeopardy

3)3) Not required to testify against Not required to testify against yourselfyourself

4)4) Due processDue process

5)5) Due compensation for seized Due compensation for seized propertyproperty

6.6. Sixth AmendmentSixth Amendment

a.a. Criminal law trials: speedy and Criminal law trials: speedy and public trial by impartial jury public trial by impartial jury with witnesses and defense with witnesses and defense counselcounsel

7.7. Seventh AmendmentSeventh Amendment

a.a. Common law trials: trial by Common law trials: trial by juryjury

8.8. Eighth AmendmentEighth Amendment

a.a. No excessive bailNo excessive bail

b.b. No excessive finesNo excessive fines

c.c. No cruel or unusual No cruel or unusual punishmentpunishment

9.9. Ninth AmendmentNinth Amendment

a.a. Other rights exist in addition to Other rights exist in addition to these…these…

10.10. Tenth AmendmentTenth Amendment

a.a. Reserved powers clauseReserved powers clause

a.a. Powers not assigned to the Powers not assigned to the federal government in the federal government in the Constitution are reserved—Constitution are reserved—or saved—for the statesor saved—for the states