Chapter 10The Bill of Rights

I. Introduction A. It was a miracle our founding fathers were even

able to make the Constitution, but getting it adopted by the states would take another miracle.

B. Getting the Constitution ratified

1. ratified – approved

2. 9 of 13 states had to ratify

C. Opposition to Constitution

1. many states argued the Constitution did not list rights of the people

2. many would not sign unless rights were added

3. Federalists promised to add a “bill of rights” if states ratified the Constitution

D. Washington becomes president

1. 1789

2. John Adams became VP

II. Creating the Bill of Rights A. After the Constitution was signed it appeared

Congress had forgotten its promise to add a list of rights to the Constitution.

B. James Madison

1. wrote the Bill of Rights

2. originally there were 12, but the states only approved 10

C. Bill of Rights

1. first 10 Amendments

2. gives basic rights

III. The First Amendment A. There are five basic freedoms in the First

Amendment

1. religion

2. speech

3. press

4. assembly

5. right to petition the government

B. Right to Worship Freely

1. 1st Amendment says America has no official religion

a. known as “separation between Church and State”

b. no religion gets favored

2. you can believe without fear of punishment

C. Right to Free Speech and Press

1. you can say what you want

2. you can print what you want

3. BUT it has to be true and cannot endanger anyone

D. The Right to Assemble and Petition

1. right to protest peacefully

2. right to appeal to the government

IV. Citizen Protection A. The next three Amendments (2,3, and 4) protect

citizens from government abuse.

B. Second Amendment: Right to Bear Arms

1. right to own guns

2. much debated

a. Right of each citizen?

b. Right only if you are in a militia?

?

2nd Amendment Text

• 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.

C. Third Amendment: Quartering Troops in Homes

1. no troops in our homes

2. more symbolic today

D. Fourth Amendment: Searches and Seizures

1. no unreasonable searches and seizures

2. must be good reason for searching car or home

V. Legal Rights and Protections A. The next four amendments lay out the rights and

protections that apply to people who are accused of crimes or involved in legal disputes.

B. Fifth Amendment: Legal Rights

1. five important parts

a. right to a grand jury

b. no double jeopardy (being charged for the same crime twice)

c. right to remain silent

d. you are innocent until proven guilty

e. if the government takes your property they must pay you back fairly

C. Sixth Amendment

1. right to a speedy and public trial

2. right to a fair jury

3. you must be told all charges against you

4. right to an attorney (free if need be)

D. Seventh Amendment: Civil Trial Rights

1. any amount higher than $20 you have the right to a jury

2. today it is any amount above $1,500.

3. what a jury decides cannot be overturned by a judge

E. Eighth Amendment: Bail and Punishments

1. no high bails (bail = money a person pays to get out of jail until the trial)

2. no unreasonable fines for breaking the law

3. no cruel and unusual punishment

4. death penalty?

VI. Other Rights and PowersA. The last two amendments were included to help

keep a proper balance of rights and power among the federal government, the people and the states.

B. Amendment Nine: Rights Retained by the People 1. the “elastic clause” of the Amendments 2. just because something is not listed in the

Constitution does not mean that it does not exist3. right to privacy

9th Amendment Text

• The enumeration (details) in the Constitution, of certain rights, shall not be construed (interpreted) to deny or disparage (mock) others retained by the people.

C. Amendment Ten: Power Reserved by the States

1. any power not given to the federal government is given to the states

a. speed limits

b. drinking age

2. gives states power