The Bill of Rights The First 10 Amendments

The Bill of Rights The First 10 Amendments to the Constitution

Brief Background • Proposed following the bitter 1787 -88 Battle over the Ratification of the U. S. Constitution. • Specific guarantees of personal freedoms/rights. • Clear Limits on the government’s power in judicial and other proceedings. • Reserved rights not specifically delegated to Congress for the states or the People

Constitutional Interpretation Strict Construction. Liberal/Loose Construction. • Interpreting the • Based on Framers’ intent Constitution based on a to write in broad and literal and narrow flexible terms so as to definition of the language create a “dynamic” without reference to the document. differences in conditions • Contemporaneous when society should be the Constitution was accounted for when written and modern interpreting key conditions, inventions and constitutional phrases. societal changes.

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Strict v. Liberal/Loose Construction Strict Liberal/Loose • Literal • Meaning can be interpretation of the based on words. implication; implied from the words.

Example 1: State Rights & Health Care • 10 th Amendment states that “the powers not delegated by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ” • Strict Construction – – Congress can only pass laws re: an “enumerated power. ” Items directly placed in interstate commerce such as goods Health care mandate (MEDICAID & Individual) unconstitutional. Right belongs to the States/individual. • Liberal Construction – Health care impacts interstate commerce – Congress can regulate health care at State/individual levels.

Example 2: Gun Rights under the 2 nd Amendment • The 2 nd Amendment states “[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. ” • Strict Construction - Americans are entitled to possess pistols (and perhaps other weapons) in defense of their homes. - Carrying weapons outside of the home is illegal. - No carrying license. • Liberal construction - The need to bare arms in other contexts can be implied from high crime rates outside of the home environment - Carrying permits constitutional.

Group Presentations • Each group of 3 -4 will be assigned 1 Amendment from the Bill of Rights. • Invent/Research – One strict constructionist approach – One liberal/loose constructionist approach • TAKE NOTES ON YOUR PEERS’ PRESENTATIONS!

Exit Tickets • Draft a thesis statement using the “ 3 S’s” – Subject – Stance – Support • Use notes from your peers’ presentations • Take a stance on why 1 Amendment in the Bill of Rights should be construed strictly or loosely.

Extra Credit • Research 1 of the following topics: – Whether AZ state gun laws follow a strict or loose interpretation of the 2 nd Amendment; – Under which Amendments can you support LGBTQ marriage; OR – Which Amendments justify (or fail to justify) the right to privacy (which allows for the legalization of abortion). • Present your findings in a 5 -7 minute multimedia presentation. • You may work in groups no larger than 4.