The Bill of Rights The Term Bill of rights refers to the first 10 Amendments to the U.S. Constitution

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1 The Bill of Rights The Term Bill of rights refers to the first 10 Amendments to the U.S. Constitution These Rights are what the Anti-Federalists insisted on. The Bill of Rights lists the specific individual rights that protect We the People.

2 The Bill of Rights The government cannot legally INFRINGE upon the rights listed in the Bill of Rights. Many of these rights come directly from the fears on the people due to the tyranny of King George III

3 A free people (claim) their rights as derived from the laws of nature, and not as the gift of their chief magistrate. ---Thomas Jefferson, 1774 The Framers of the Bill of Rights did not purport to create rights. Rather, they designed the Bill of Rights to prohibit our Government from infringing rights and liberties presumed to be preexisting ---William J. Brennan, 1989

4 I've read the constitutions of a number of countries, including the Soviet Union's. Some are surprised to hear that they have a constitution, and it even supposedly grants a number of freedoms to its people. Many countries have written into their constitutions provisions for freedom of speech and freedom of assembly. Why is US Constitution so exceptional? The difference is so small that it almost escapes you, but it's also so great it tells you the whole story in just three words: We the people. In those other constitutions, the Government tells the people of those countries what they're allowed to do. In our Constitution, we the people tell the government what it can do, and it can do only those things listed in that document and no others. Virtually every other revolution in history has just exchanged one set of rules for another set of rules. Our revolution is the first to say the people are the masters & the government is their servant. --Ronald Reagan, State of the Union, 1987

5 1 st Amendment These are all things that the United States government CAN NOT force you to do or not do Freedom of: Religion can t force you to practice a certain religion Speech can t control what you are allowed to say Press can t control what the media tells us, to ensure we are well informed Assembly can t stop you from protesting as long as it is peaceful Petition can t stop you from asking the government to do something about your grievances

6 2 nd Amendment- Right to Bear Arms You have the right to keep and bear weapons in order to keep a well-regulated militia (National Security) and to defend yourself. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.-thomas Jefferson "The beauty of the second amendment is that it will not be needed until they try to take it." -Thomas Jefferson "I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them." George Mason Co-author of the Second Amendment during Virginia's Convention to Ratify the Constitution, 1788

7 3 rd Amendment No Quartering of Soldiers Right not to quarter soldiers: Do not have to house military

8 4 th Amendment- Protections as you are being investigated- No unreasonable Search & Seizure No illegal search and seizure (Has to be legal/according to the law) A search warrant (listing WHERE and WHAT ) is required to search your home or property. Must be based on probable cause

9 5 th Amendment-Due Process of Law Protections as you are being arrested and charged for a crime. Can t take away unalienable rights (life, liberty, pursuit of happiness) without due process No Double Jeopardy! Can t be charged for the same crime twice Can t be forced to testify against yourself ( I plead the 5 th! )

10 6 th Amendment-Speedy Trial Rights you have during your trial Right to a speedy trial Right to an attorney Right to face your accusers Right to Trial by Jury-12 people who hear evidence for and against you and who vote on your guilt or innocence

11 7 th Amendment-Trial by Jury (Civil) This right exists in case you are sued for civil damages ($$$) Right to trial by jury in a Civil Court Case

12 8 th Amendment-No Cruel or Unusual Punishment Rights you have after you have been convicted of a crime. No cruel or unusual punishment Reasonable bail and fines

13 9 th Amendment-More Rights You have more rights than just the ones specifically listed in the Constitution.

14 10 th Amendment-States Rights Powers not given to the U.S. government by the Constitution are reserved as powers for the States

15 Name: 1 The term Bill of Rights refers to the first Constitution. Amendment Nickname NOTES: Bill of Rights Definition Example: I can or I cannot Class Period: to the United States These amendments list the that protect We the People

16 5 Amendment Nickname NOTES: Bill of Rights Definition Example: I can or I cannot

17 Name: NOTES: Bill of Rights Class Period: The term Bill of Rights refers to the first ten amendments to the United States Constitution. These amendments list the specific individual rights that protect We the People. Amendment Nickname 1 Freedom of 2 Right to Bear Arms 3 No Quartering of Soldiers 4 No Unreasonable Search and Seizure Definition freedom of religion, speech, press, assembly, and petition keep and bear weapons in order to keep a well-regulated militia (National Security) and to defend yourself do not have to provide shelter for soldiers in your home a search warrant (listing WHERE and WHAT ) is required to search your home or property must be based on probable cause Example: I can or I cannot Answers will vary, we can check these during our class discussion I can attend any church I choose. I can speak my mind, but I can t yell Fire! in a crowd (dangerous). I can keep a gun in my house to protect my family and property, but I can t carry one around unless I have a concealed weapon permit. I can refuse to allow soldiers to live in my house. The government can t make me, even if we are at war. I can refuse to allow police into my home without a search warrant. I can t refuse a search of my locker because it belongs to the school.

18 Amendment Nickname 5 Due Process of the Law 6 Speedy Trial 7 Trial by Jury (Civil) 8 Cruel & Unusual Punishment 9 More Rights 10 States Rights NOTES: Bill of Rights Definition can t deny life/ liberty/property without due process, no double jeopardy, can t make you testify against yourself Right to a speedy and public trial Right to an attorney Right to face your accusers Right to trial by jury You have the right to a trial by jury in a civil court case No cruel or unusual punishment allowed and the court can t require excessive bail/fines You have more rights than just the ones listed in the Constitution Powers not given to US are reserved for the states Example: I can or I cannot I can plead the 5 th and choose to remain silent. I can t be charged with the same crime twice. I can ask for a lawyer if I am charged with a crime. The courts can t wait an unreasonable amount of time to have my trial. I can have a jury decide how much money I pay if I am sued. I can t be charged a ridiculous amount of money for a fine or bail. I can t be tortured. I can do lots of things that aren t listed in the Constitution. States are responsible for anything not listed in the Constitution. (example: public schools)