Chapter 4 Section 1 The Bill of Rights

Chapter 4 Section 1 The Bill of Rights (pgs. 110 -116) ESSENTIAL QUESTION: WHAT ARE THE FOUR DIFFERENT TYPES OF RIGHTS ENSURED IN THE BILL OF RIGHTS?

Adding the Bill of Rights (pg. 110) They are the first 10 amendments in the U. S. Constitution They were added in 1791 They have become model used worldwide to protect human liberties Many people thought the new Constitution didn’t do enough to protect individual rights. These people thought some states might oppose the Constitution without individual rights spelled out Thomas Jefferson and others wanted their individual rights listed in a bill, or list Framer, James Madison proposed amendments that focused on individual rights. The states ratified 10 of them, which became known as the Bill of Rights, in 1791 Why did some people oppose a bill of rights?

The First Amendment Protects Personal Freedoms (pgs. 111 -113) Amendment I – “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. ” Pg. 70 The 1 st Amendment protects some of the most basic freedoms Americans enjoy It lists the guidelines for 5 freedoms: Religion, Speech, Press, Assembly, Petition

Freedom of Religion (pg. 112) Freedom of Religion – the government can’t establish an official religion or favor one over others. The Supreme Court has interpreted this as requiring the separation of church and state. Separation of Church and State: the clear division between government and religion.

Freedom of Speech (pgs. 112) Allows us to express ideas and opinions openly and hear others It allows citizens to criticize our government and officials Freedom of Speech is severely limited in some countries It is limited. You may not use it to intentionally cause physical harm or “clear and present danger” The Supreme Court decision Schenck v. United States allow the government to prevent freedom of speech when clear and present danger is apparent.

Freedom of the Press (pgs. 113) Allows citizens to express ideas and opinions through writing In colonial times, government forbid newspapers from criticizing the government or officials. Hints why the framers wanted this right. The courts have extended freedom of press to other media outlets: books, newspapers, magazines, radio, television, internet The Supreme Court case Hazelwood v. Kuhlmeier limited this freedom. It allow high school official to censor some schoolsponsored publications Also spreading libel, rumors that damage personal reputation, is prohibited. People can sue for libel damages

Freedom of Assembly (pg. 113) Allows us the freedom to hold meetings in a peaceful manner These meetings may discuss problems, protest government decisions, and socialize

Freedom of Petition (pg. 113) Gives us the right to ask the government to address our concerns We’re free to contact our representatives and ask them to pass laws we favor or change laws we oppose

Other Rights Guaranteed by the Bill of Rights (pg. 114) The Bill of Rights also protect citizens safety (2 nd and 3 rd Amendments) Give citizens accused of breaking laws rights in court (4 th, 5 th, 6 th, 7 th, and 8 th Amendments) Ensure the states and citizens would enjoy additional rights (9 th and 10 th Amendments)

Protecting Citizens (pgs. 114 -115) 2 nd Amendment: “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. ” Pg. 70 The right the bear arms The specific interpretation of this amendment is still highly debated today 3 rd Amendment: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. ” Pg. 70 Prohibits them military personnel from forcing citizens to quarter

Rights of the Accused (pg. 115) Amendments 4 -8 protect citizens from abuses in the criminal justice system. It established a code of conduct for the police and courts. 4 th Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ” Pg. 70 Bans unreasonable searches and seizures. Searches and seizures must be reasonable. This is often done by judges authorizing search warrants. Search warrants are only issued if there is good reason to believe evidence of a crime will be found. Search warrants describe what places, people, and items that can be searched. Police can search without warrants if there’s probable cause. There must the presence of danger to public safety or criminal activity involved.

Rights of the Accused (pg. 115) 5 th Amendment: “No person shall be held to answer for a capital, or otherwise infamous, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. ” Pg. 71 Protects accused from self-incrimination: testifying against oneself Protects accused from double jeopardy, being tried twice for the same crime. Gives accused due process of the law – People cant be punished in criminal cases until law has been fairly applied. The government is held accountable by law. due process of law: the fair application of the law to one’s case Citizens must be receive a fair payment if government takes away their property eminent domain: the power of the government to take private property for public use

Rights of the Accused (pg. 115) 6 th 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 wherein the crime shall have been committed, which district 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 defence. ” Pg. 71 Accused have the right to speedy and public trial by jury. Accused must be told of the charges against them. Accused have the right to hear and questions all witnesses along with having their own witnesses testify. Accused have the right to a attorney. The Supreme Court has interpreted this to mean the government will provide one for free if the accused cannot afford one.

Rights of the Accused (pg. 115) 7 th Amendment: “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, an no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law. ” Pg. 71 Provides trial by jury in certain cases involving money or property. 8 th Amendment: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. ” Pg. 71 Allows judges to impose reasonable bail. Bail: money or property an accused person gives a court to hold as a guarantee that he or she will appear for trial. Forbids cruel and unusual punishment

Rights of States and Citizens (pg. 116) 9 th and 10 th Amendments ensure citizens would enjoy other rights not mentioned in the Bill of Rights. 9 th Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ” Pg. 71 Ensures citizens get to enjoy basic rights not mentioned in the Constitution. The Supreme Court has used this amendment to grant citizens the right to political activity and privacy.

Rights of States and Citizens (pg. 116) 10 th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ” pg. 71 Powers not mentioned in the Constitution are reserved for the states or citizens. It limits the federal governments ability to attain more power that’s not mentioned in the Constitution.