The Bill of Rights The First Ten Amendments To the U. S. Constitution.
Bill of Rights The First 10 Amendments to the Constitution.
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Transcript of Bill of Rights The First 10 Amendments to the Constitution.
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Bill of Rights
The First 10 Amendments to the Constitution
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Let us back up…why did we write this document?
The colonists rebelled because their natural rights were denied. These are:– Right to Life– Liberty– Pursuit of Happiness (Property Ownership)
After the Revolutionary War, the Articles of Confederation was created. Did it protect the natural rights? No!
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So we created the Constitution to make a better government. – Even though we made a stronger national
government, it still failed to address our individual rights.
– When the Constitution was getting Ratified, or approved, in order to get it passed states made the condition that personal rights and liberties be added.
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So in 1791, the first ten Amendments, or revisions, to the Constitution were made.
¾ of the States approve the first 10 Amendments.
We call these 1st 10 Amendment the Bill of Rights
Today we have a total of 27 Amendments.
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1st Amendment
5 Parts to the 1st Amendment
- Freedom of Religion
- Freedom of Speech
- Freedom of the Press
- Freedom of Assembly
- Right to petition the government
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Freedom of Religion
“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of”
Two clauses:
– Establishment clause– Free Exercise clause
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Establishment and free exercise clause often conflict with each other
In Public schools, the religion issue is most prevalent If a student raises his hand and says “teacher, can we
say an opening prayer before this test”
If the teacher says:
“Yes”, It looks like establishment of religion
“No”, It is deigning a student free exercise.
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Establishment Clause—Government cannot promote religion
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Establishment clause-GovernmentCans Cannot
Teach about religions in school
Allow voluntary prayer in many examples
Transport students to a religious school
Read Bible for culture or literacy content
Set a state religion
Government cannot order a prayer
Teach religious doctrine in the school
Pay seminary teachers
Teach creationism
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Free Exercise—The persons individual right to religion Can Cannot
Choose whatever religion
Lead a prayer in most examples
Ask questions about religions
Worship who ever you want
Break the law and claim it is a religious belief
Raise children without education
Deprave children of basic needs
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Freedom of speech
“Congress shall make no laws . . . abridging the freedom of speech”
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Free speech—limits on the person
Threaten to blow up airplanes, schools or the president
Sexual harassment Create too much social chaos Extremely crude language in a public form Disrespectful, vulgar language in schools Hate crimes
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Freedom of the press
Congress shall make no law . . . abridging . . . the freedom of the press.”
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Freedom of the press-the mediaCan Cannot
Print any political position
Make fun of people, especially politicians
Expose wrongs by the government
Say things you might not agree with
Libel– intentionally injuring a person’s reputation by false facts
Disclose defense-security secrets
Detail how to make a certain weapons
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Freedom of Assembly
Congress shall make no law . . . Abridging . . . The people to peaceably assemble”
Vocab: Assemble(1st) To gather together
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Freedom of Assembly--IndividualCan Cannot
Protest Parade (with a
permit) Parade chanting
hate slogans Gang members can
congregate in public
Protest by throwing rocks and breaking windows
Hang out on private land against owners will—loitering
Teen curfew
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Petition the Government
Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”
Vocab: Petition (1st) To ask the government to change something
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Petition the government
You may sue the government for wrongs You cannot be punished for exposing wrongs
by the government The courts decide the wrongs
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2nd Amendment—Right to bear arms
“A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.”
Vocab: Bear (2nd) – To Possess or use
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Original Intention vs. Modern Interpretation
Originally: Make sure states have the right to create an armed militia (citizen soldiers)
Today: Right for individuals to own guns.
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What is the debate with the right to bear arms?
How much can the government keep guns from criminals and youth?
In order to keep guns away from criminals, does that limit the right of law abiding citizens?
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Gun debate continued
Thousands of people die every year because of guns
Thousands of crimes are prevented because of guns
Shoes representing gun deaths.
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Third Amendment
The Government cannot force you to shelter soldiers in your home without your consent in time of war or peace.
Vocab: Quarter (3rd): To house, to shelter
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Rights of the Accused Amendments #4-8Important to preserve freedom
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Fourth Amendment
Protects your right to privacy (personal belongingness, property, etc.)
The government cannot seize any of your property without two things occurring.
1. A warrant given to a judge2. Probable cause is needed (A
good reason)
Vocabulary
Seizure (4th) To take away
Probable Cause (4th) A good reason
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Fifth Amendment
In order to be charged for a crime an indictment must be given.
Vocabulary:
Indict (5th) - to charge with a crimeDouble Jeopardy (5th) – You cannot be tried for the same crime
twice. This applies only to criminal cases.
You also do not have to testify against your self. “I plead the fifth”
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Fifth Amendment
You must have due process of law before you are convicted.
Due Process of law (5th) Rules that protect people, fair treatment when arrested. (Government has to follow the laws and rules it has put in place)-Miranda Rights – You have the right to remain silent…
The government cannot take your land unless it has a really good reason to and they must pay you fairly for the loss of your land.
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Sixth Amendment (criminal cases)
Right to speedy trial by impartial jury—meaning not favoring either side
Vocabulary : Impartial (6th):
Not Biased
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Sixth Amendment continued
You must be told of charges (Accusation)
You must be provided a lawyer if you cannot afford one (Counsel)
Counsel (6th) a lawyer
Accusation (6th) Told you did something
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7th Amendment (Civil Cases)
Deals with Common law that are over $20.
Vocabulary Common Law (7th): Non Criminal Cases, Civil cases involve $$$$
Examples: Suing somebody for something, Divorce cases
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Eighth Amendment
No excessive bailVocab: Bail (8th) : Payment to get out of Jail
No cruel and unusual punishment
i.e. They can’t give me a $50,000 bail for stealing a doughnut. They also cannot decide to not feed me in jail or give me access to the bathroom.
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9th Amendment
Vocabulary Enumerated (9th) : To list
Just because a right is not mentioned (enumerated) in the Bill of Rights, does not mean that the government automatically has the right to interfere with it.
Instead, the 9th Amendment says that any right not enumerated, or listed, in the Constitution is still retained by the people.
So, in plain language, it means that there are other rights that people have that are not listed in the Constitution.
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The Founding Fathers realized that they could not possibly list every natural right of human beings that needed protection. Instead, they delegated certain powers to the government that were specifically spelled out in the Constitution, and said everything else is left up to individuals and to their state governments.
I.e – You have the right to travel.
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10th Amendment
Vocabulary – Delegate (10th) to assign or give– Reserve (10th) to set aside , retain
All other powers not mentioned in the Constitution are delegated (given) to the states.
Why? To hope that the National Government never had too much power if the rest of the power was given to the states.