Chapter 10 The Bill of Rights

Chapter 10 The Bill of Rights

Chapter 10 The Bill of Rights *The adoption of the Constitution depended upon ratification by 9 of the 13 states. *1788 Massachusetts convention objected that the Constitution did not list the rights of the people. *Governor John Hancock promised that if the delegates approved the Constitution as written then Congress would amend it to include the Bill of Rights. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

*”Ratify now, amend later” was the rallying cry for the Federalists. By the end of 1788 the Constitution was the Law of the land.

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10.2 Creating the Bill of Rights *1789 George Washington becomes the first president of the United States. *John Adams becomes the first vice president. *James Madison wants to keep his promise to add a Bill of Rights to the Constitution. *Congress approves 12 amendments in June, 1789. Ratification by the States *3/4 of the states must ratify amendments before they become law. *States debate for two years before ratifying 10 of the 12 in 1791. They become known as The Bill of Rights.

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James Madison

Test Prep  The person most responsible for writing the Bill of Rights was  A) President George Washington  B) Vice President John Adams  C) Representative James Madison  D) Governor John Hancock  Answer: C) Representative James Madison

Test Prep     

The Bill of Rights is part of the A) Proclamation of 1763 B) Declaration of Independence C) Articles of Confederation D) Constitution of the United States

 Answer: D) Constitution of the United States

Test Prep  The job of protecting the rights listed in the Bill of Rights belongs mainly to  A) federal courts  B) the president  C) Congress  D) state governors  Answer: federal courts

10.3 First Amendment Rights *First Amendment combines five basic freedoms: -of religion -of speech -of the press -of assembly -right to petition the government The Right to Worship Freely *Congress cannot make an official religion of the United States. *Congress cannot favor one religion over another. *Congress can make no law prohibiting religious worship. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

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10.3 Continued… The Right to Free Speech and Press *Freedom of the press ensures that the press can act as a watchdog on the government. *Freedom of speech protects a citizen’s right to speak freely in public places. *However, the speech cannot endanger public safety. Free speech can also include actions, or expression, like peaceful protests.

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10.3 Continued… The Right to Assemble and Petition *The right to assemble means that citizens can use public property for meetings and demonstrations. *The right to petition is the right to make a complaint to, or seek the assistance of the government without fear of punishment. *This can be done with propositions that the public vote on.

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Test Prep  The First Amendment protects all of these rights except freedom of  A) speech  B) worship  C) assembly  D) travel  Answer: D) travel

Test Prep  Which of the following would not be protected by the First Amendment?  A) criticizing government officials on a television talk show.  B) promoting ideas that many Americans oppose in a political campaign.  C) falsely crying “Fire” in a crowded theater.  D) discussing controversial issues in a social studies class.  Answer: C) falsely crying “Fire” in a crowded theater.

10.4 Citizen Protections Second Amendment: The Right to Bear Arms * ”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 (limited).”

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Test Prep  The Second Amendment protects the right of citizens to own  A) guns  B) animals  C) slaves  D) land  Answer: A) guns

10.4 Continued… Third Amendment: Quartering Troops in Homes * “No soldier shall, in time of peace, be quartered in any house without consent of the owner, nor in time of war, but in a manner prescribed by law” Fourth Amendment: Searches and Seizures *Protects people and their property from “unreasonable searches and seizures. *Before arresting a person or searching someone’s property, the police must show a judge that there is good reason for allowing the action.

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Test Prep  The Fourth Amendment protects people and their property from  A) unreasonable searches  B) double jeopardy  C) self-incrimination  D) due process of law  Answer: A) unreasonable searches

10.5 Legal Rights and Protections Fifth Amendment Legal Rights *Longest amendment in the Bill of Rights. *Right to a trial by jury. *No double Jeopardy *Prohibits self-incrimination. *Right to due process of the law. *Govt. cannot take private property “without just compensation.”

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10. Continued… Six Amendment:Criminal Trials *Provides accused person with fair trials. *Right to a speedy and public trial by an impartial jury. *Defendant has right to: Know the charges against him/her. -Hear all witnesses who testify. -An attorney to assist in the defense.

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Seventh Amendment: Civil Trial Rights *Civil cases involve money. *People involved in civil cases have the fight to a trial by jury *Jury’s decision is final. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.

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Test Prep  The “Miranda warning” reminds people who are arrested for a crime that they have the right to  A) demand a retrial if they are found guilty.  B) choose the judge who will set their bail.  C) question witnesses during their trial.  D) remain silent and not answer questions.  Answer: D) remain silent and not answer questions.

10.5 Continued… Eighth Amendment: Bail and Punishments *No excessive bail before trial. *No excessive fines or cruel and unusual punishment after trial. *Punishment must be proportional to the crime. *Prohibits inhumane prison conditions.

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10.6 Other Rights and Powers Amendment nine: Rights Retained by the People *Even though “certain” rights are listed in the Constitution, other rights not listed there are also retained (kept) by the people, like the right to privacy.

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Test Prep  The Ninth Amendment says that rights not listed in the Constitution  A) can be added to it later.  B) belong to the people.  C) do not exist legally.  D) are not very important.  Answer: B) belong to the people.

10.6 Continued… Amendment ten: Powers Reserved to the States *Powers not given to the national government are “reserved to the states…or to the people.” *States determine rules for: -marriages -divorce -drivers licenses -voting -state taxes -job and school requirements -rules for police and fire departments. -and many more! QuickT ime™ and a T IFF (Uncompressed) decompressor are needed to see t his picture.

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10.7 Chapter Summary *The promise of a bill of rights was key to getting the Constitution ratified by the states. *First Amendment spells out five basic freedoms enjoyed by all Americans. *Second, Third and Fourth Amendments specify protections for ordinary citizens against the abuse of government power. *Fifth through Eighth Amendments are intended to guarantee fair treatment for people who are involved in legal actions. *Ninth and Tenth Amendments concern the relationships among the federal government, the states, and the people.

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