CHAPTER 6: THE BILL OF RIGHTS

Section 1 – Adding the Bill of Rights

ADDING THE BILL OF RIGHTS Why do we need a Bill of Rights?

Anti-federalists

The first changes to the Constitution were made through the amendment process -

THE AMENDMENT PROCESS Changes to the constitution must

1. Approved by Congress 2.

Can either reject or ratify it

Proposing amendmentsCan be done in two different ways

1. Congress

2. A national convention ( ) Convention must be called by 2/3 of the state

legislatures

THE AMENDMENT PROCESS Ratification

Two ways 1.

2. Approval by special conventions in ¾ of the national legislatures

Congress decides what method will be used

DEBATE IN CONGRESS James Madison wanted to earn the trust

of the people of the United States

Congress

Preparing the Bill of Rights Looked back at historical documents –

Tried to decide where to put the amendments

DEBATE IN CONGRESS The Proposal and Ratification

Committee was put together to begin putting the finishing touches on the Bill of Rights

States ratified –

CHAPTER 6: THE BILL OF RIGHTS

Section 2 – Protections of the Bill of Rights

BILL OF RIGHTS The Bill of Rights was added to protect

the rights of individuals1 –

2 –

3 –

PROTECTIONS OF INDIVIDUAL RIGHTS Freedom of Religion

Separation of church and state –

You may speak and write freely Stipulations –

PROTECTIONS OF INDIVIDUAL FREEDOMS Freedom of Press

Makes our news more objective.Government censors

Limitations: Newspapers are not free to libel –

PROTECTIONS OF INDIVIDUAL FREEDOMS Freedom of Assembly

Citizens can change laws

PROTECTIONS AGAINST THE ABUSE OF POWER

Protections against the abuse of power –

Gun ownership Background: Why was this amendment written?

Today: Gun debate

Housing of Soldiers Background: During the Revolution English soldiers

were allowed to use civilian’s houses as living quarters against the will of their owners

PROTECTIONS AGAINST THE ABUSE OF POWER

Unreasonable Searches and Seizures Background: During the Revolution officers were

allowed to search homes, belongings, ships, or property

Typically they have to have

To obtain one the police must

PROTECTIONS AGAINST THE ABUSE OF POWER

Protecting Property Rights The government has the right to eminent

domain –

PROTECTIONS OF THE ACCUSED Protections of the accused –

Citizens are entitled to due process of law –

People who commit crimes still have their right under the Constitution

PROTECTIONS OF THE ACCUSED The Fifth Amendment

“the right to remain silent”

Under the fifth amendment a confession has to be given freely, not under the influence of threat or violence Serious crimes –

You are protected from double jeopardy –

If you are found guilty of a crime, you can’t be convicted of it again

PROTECTIONS OF THE ACCUSED

Right to Trial by JurySixth Amendment

You have the right to know what you are being accused of and to ask questions

Seventh Amendment

Shows how much trust the public puts into the lawWhen someone is a

juror they have to make sure their fellow citizens are being treated fairly

PROTECTIONS OF THE ACCUSED Bails, Fines, and Punishments

Bail can’t be ridiculously high

Controversy –

PROTECTIONS OF OTHER RIGHTS Not everything can be covered in ten

amendments Madison covered that with the Ninth

Amendment

Tenth Amendment Article 1:

These are denied to the states

Powers not mentioned in the Constitution -

CHAPTER 6: THE BILL OF RIGHTSSection 3 – Interpreting the Bill of

Rights

INTERPRETATIONS In order to find limits the Bill of Rights

must be testedThe amendments are broad descriptions of

the rights. After this -

THE ROLE OF THE COURTS When controversies arise over what law

has been broken the courts decide if and how the law is broken. They interpret laws.

There is a hierarchy

THE ROLE OF THE COURTS Students and Free Speech

Read through the last section give a brief description of the case and the outcome

THE ROLE OF THE COURTSThe Skokie Case: Freedom for the Nazis?

Read through the last section give a brief description of the case and the outcome