Amendments 1 10 The Bill of Rights Text
“Amendments 1 -10, The Bill of Rights” Text p. 286 -288 • First 10 amendments to the Constitution is known as the Bill of Rights. These amendments list out a citizens basic rights under the Constitution. It was written by James Madison, and added to the Constitution to help get it ratified. Tells the government what they can’t do.
st 1 Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ”
st 1 Amendment • Freedom of religion. • The government can’t require citizens to follow or practice a particular religion. Citizens may practice or not practice any religion that they wish.
st 1 Amendment • Freedom of speech. • The government can’t prevent or stop a person from speaking out against the government. This includes more than just verbal speech. It can also include written words, works of art, any kind of technology that allows people to communicate with each other.
st 1 Amendment • Freedom of the press. • The government can’t prevent or stop any news medium from reporting stories or information about the government. This would include the internet, television, radio, magazines and newspapers.
st 1 Amendment • Freedom to peacefully assemble. • The government can’t prevent or stop any person who wants to lawfully and peacefully protest.
st 1 Amendment • Freedom to petition the government for a redress of grievances. • A citizen can ask the government to explain its actions.
When can the government deny freedom of speech? 1) Make false statements against someone that causes them harm. Ex- Slander (spoken) or Libel (written) 2) If the speech threatens national security. 3) If the speech encourages others to break the law or incite others to use violence. 4) If the speech causes panic and results in people to getting hurt. 5) Words that present a clear and present danger to others or the United States.
Schenck v. United States 1919 • Charles Schenck was arrested and charged with passing out pamphlets trying to persuade young men not to enter the draft during WWI. • The Supreme Court and Chief Justice Oliver Wendell Holmes affirmed the lower court ruling stating that Schenck’s actions were unlawful, and were a clear and present danger to the United States’ war effort. “Can’t yell fire in a crowded theatre” Oliver Wendell Holmes 9
nd 2 Amendment The right to bear (have) arms (firearms), and to have a well regulated militia.
3 rd Amendment Government can’t force citizens to quarter (house) soldiers in their homes during peace time.
4 th Amendment • The government may not conduct unreasonable searches and seizures. • Law enforcement must have probable cause, and a search warrant that names the exact places to be searched and persons or things to be seized.
4 th Amendment Mapp v. Ohio (1961)- Evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts. Established the “Exclusionary Rule”. Terry v. Ohio (1968)- “Terry Stop/Search” (Frisk). The police can stop a person, and ask questions, without "arresting" the person. Upon seeing suspicious activity, the police may perform what is called a "Terry Stop, " and may temporarily detain people to request that they identify themselves and to question them about the suspicious activity. The scope of a "Terry Stop" is limited to investigation of the specific suspicious activity, and if the police detain people to question them about additional matters, the stop can turn into an "arrest. " For their own safety, the police can perform a "weapons frisk" on the outside of a person's clothes (sometimes called "patting down the suspect") during a "Terry Stop. " During this frisk, if they feel something that may be a weapon, they may remove it from the suspect for further examination. However, they are not entitled to remove items from person's pockets that do not appear to be weapons, even if they believe that the items are contraband.
5 th Amendment • A person can’t be put on trial for a capital crime (crime punishable by death), or infamous crime (crimes punishable by prison or a loss of rights) unless the case is heard by a grand jury. *A grand jury is a group of between 12 -23 citizens who hear a case first to see if there is enough evidence to go on with a regular trial.
5 th Amendment • Due Process- A person can’t be deprived of life, liberty, or property without a fair trial. • Eminent Domain- Private property can’t be taken away for public use unless the person is compensated. • Double Jeopardy- The government can’t put a person on trial for the same crime twice. Exception: if a person is found guilty because of a legal error, then you can be tried again. • Don’t have to be a witness against yourself- An accused person doesn’t have to answer questions asked by the government.
6 th Amendment • Right to a fair, speedy, public trial, with a jury in all criminal cases. The right to an attorney (lawyer) must be provided in all criminal trials. Civil Law cases = Cases between two or more private citizens. Criminal Law cases = The government brings charges against a citizen for breaking the law. • After the Supreme Court case of Gideon v. Wainwright, (1963). In all criminal cases, both federal and state courts must appoint a lawyer to an accused person if he/she can’t afford one. Clarence Earl Gideon
7 th Amendment • A trial by jury may be allowed in civil cases dealing with property or money as long as the value in dispute is over $20. 00. • An appeals court can only overturn a jury trial’s decision if they find that a legal error was made in the trial.
8 th Amendment • Courts can’t charge too high amount of bail to the accused. • The accused is protected against cruel and unusual punishments.
9 th Amendment • Citizens of the United States are entitled to other rights not stated in the Constitution.
10 th Amendment • Powers not specifically given to the federal government in the Constitution, belong to the states or people. Creates federalism in our government. Powers divided between the state and national government. ** This is the one amendment in the Bill of Rights that does not deal with a person’s rights.
Baron de Montesquieu (1689 -1755), French Philosopher - Montesquieu (Mon-Teh-Skew) felt the best way to guarantee a government does not take away the natural rights of its citizens is to limit the power of government by dividing it into branches (part or section). - Government should have checks and balances. Each part of government can limit the power of the other parts. 21
Magna Carta (The Great Charter)- 1215 Took power away from the King John of England gave it to the nobles/ barons. Created Parliament- only for the nobility (aristocracy- rich powerful people). Trial by jury, due process of law- King could not put someone in jail or executed them without a proper trial. Eventually these rights would be given to all English citizens. Magna Carta, 1215
Constitutional Convention- Additional Note Page After the Annapolis Convention, it became clear that changes had to be made to the Articles of Confederation. Alexander Hamilton and several other delegates to that convention called for a new convention in Philadelphia, PA. In May of 1787, twelve states attended (Rhode Island didn’t) the Constitutional Convention. At first they only met to revise the Articles of Confederation. Soon the delegates realized that a whole new constitution was needed to replace the Articles. Alexander Hamilton Painting of the Constitutional Convention
N. J. and Virginia Plans. The New Jersey or “small states” plan called for a single house in Congress and that each state have an equal number of votes. Proposed by William Patterson of NJ. = NJ Plan Small States Patterson The Virginia Plan called for three branches of government (executive, judicial and legislative). Each branch could check or limit the power of the other branches. The main thing it asked for was a two-house Congress (bicameral). The number of representatives a state sent to both the upper and lower house would be based on a state’s population. This plan favored the larger states. Proposed by James Madison and Edmund Randolph of VA. = Madison Randolph VA Plan Large States
Great Compromise Also called the Connecticut Plan. Proposed by Roger Sherman of Connecticut. Each state would have an equal number of votes (2) in the Senate (Upper House). In the House of Representatives (Lower House) representation for each state would be based on population. Every 30, 000 people would give a state one more representatives. Create three branches of government- Congress, President and + VA Plan = NJ Plan Supreme Court Great Compromise
3/5 th Compromise Because representation would be based on population in the House of Representatives a question arose over counting slaves as a part of a state’s population. The Southern (Slave) states wanted to count slaves as part of the total population for the state so they could get more representation in the House of Representatives. The Northern (free) states did not want the Southern states to count any of their slaves because slaves were not considered citizens. Wanted to tax slaves as property, and end the slave trade. Compromise: It was decided to count each slave as 3/5 of a person. Southern states could count 60% of their slave population, but the slaves could be taxed by the national government. It was also decided that Congress couldn’t ban the slave trade until 1808. A Slave Auction in New Orleans
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