Chapter 4 Notes

Civics

1. Adding Bill of Rights

• Between 1787 and 1790 the 13 states ratified the constitution

• Some people felt it did not protect their individual rights

• Many wanted rights written down on a list• They needed a bill of rights

Continued…

• Bill of Rights- the first 10 amendments to the U.S. constitution

• Became a model used around the world to protect human rights

a. 1st Amendment

• Of the 10 amendments of the Bill of Rights most people known the 1st one best

• Why?• Because it touches our lives everyday• It protects basic freedoms we have today

Rights the 1st Amendment Protects

• Freedom of Religion• “Congress shall make no law respecting an

establishment of religion”• What does this mean?• Congress cannot establish an official national

religion• Americans have the right to practice any

religion they wish

Continued…

• Separation of Church and State

• There should be a clear division between government and religion

• By upholding this decision the Supreme Court banned school sponsored prayers in public schools

i. Freedom of Speech

• “Congress shall make no law…limiting the freedom of speech”

• What does this mean?• Gives Americans the right to express our ideas

and opinions openly• Allows Americans to criticize the gov’t if we do

not like it

Continued…

• People who criticize their gov’t in other countries can be punished or killed

• Part of the 1st amendment!

ii. Freedom of the Press

• “Congress shall make no law…limiting the freedom…of the press”

• Colonial times= newspaper could NOT criticize the government (even if they were true)

• What is freedom of the press?• The right to express ideas in writing• Included in the 1st Amendment!

Freedom of Assembly•“Congress shall make no law…limiting the right of the people to peacefully assemble”

•Hold meeting

•Meet to discuss problems

•Protest gov’t decisions

•Also to socialize

•Part of the 1st Amendment

Freedom of Petition•“Congress shall make no law…limiting…the right of the people…to petition the Gov’t for a redress of grievances”

•What does this mean?

•You have the right to ask the gov’t to address your concerns

•Examples:•1. Ask representatives to pass you like•2. Change laws you do not like

•Part of the 1st Amendment!

Other Rights Guaranteed by BOR

• Bill of Rights grants more rights than just:• Freedom of Speech • Freedom of Press• Freedom of Religion• Freedom of Assembly• Freedom of Petition

• **It guarantees rights for the accused, establishes the rights of states and citizens**

Protecting Citizens

• The 2nd and 3rd Amendment are designed to protect citizens

2nd Amendment•Americans have the right to keep and bear arms

•What does this mean?

•To own and carry weapons

3rd Amendment •In colonial days British soldiers could enter homes and force colonists to quarter them

•What does that mean?

•Colonists had to give them housing and food

•The 3rd amendment stops this by prohibiting quartering of soldiers without permission

Rights of the Accused

• Amendments 4 through 8 of the BOR protect citizen abuses in the criminal justice system

• These amendments establish codes of conduct for police and courts

4th Amendment•Protects citizens from unreasonable search and seizure

•What does this mean?

•Police officers must have a search warrant or have probably cause to search a specific place

•Officers must believe there is a danger to public safety or a criminal activity is involved

5th Amendment•Before a person can go to trial for a crime a jury must indict them

•Indict- formally accuse an individual of a crime

•Jury must decide if there is enough evidence to go to trial

•Also protects accused person from self-incrimination

•Self-incrimination- having to testify against oneself

•Protects against double jeopardy

•Double Jeopardy- Being tried twice for the same crime

5th Amendment Continued…

• Also protects a person from being denied life, liberty, or property without due process of law

• Due Process of Law: A person cannot be punished for a crime until the law has been fairly applied

• What does that mean?• Gov’t must act within the law

5th one more time….

• Protects a person’s right to own private property• However…• Gives gov’t power of eminent domain• Eminent Domain- Power to take public property

for public use• Example: Gov’t needs to take land to build a new

highway or school• Gov’t forces owner to sell land, but at a fair price

6th Amendment•6th Amendment

•A person accused has a right to a public trial decided by a jury

•Must be informed of the charges against them

•Also have right to an attorney

•If person can’t afford one, one will be provided for free

7th Amendment

• Same as 6th amendment• Is less known• Provides a trial by jury• But…..• Cases involving money or property• These are called civil cases

8th Amendment•Makes sure that people accused of crimes appear at their trial

•Judges can order people to pay bail

•Bail- money or property that he accused gives the court to hold

•Only way to get it back it to show up for trial

•8th amendment- courts cannot set excessive (too much) bail

Continued…

• 8th amendment also:• Forbids cruel and unusual punishment• Such as:• 1. Branding• 2. Whipping

• **Debate today is whether the death penalty is cruel and unusual punishment**

Right of States and Citizens

• Authors of the Bill of Rights• Did not want to say that citizens only had the

rights set out in the constitution and the first 8 amendments

• As a result they wrote 2 amendments to make sure Americans have other rights

9th Amendment

• Americans enjoy rights not listed in the constitution

• Rights are open to interpretation

10th Amendment•Final guarantee to citizens rights

•Deal with powers not specifically given to the federal gov’t by the constitution nor forbidden to the states

•These powers belong to the states or the people

•Gives states power to act independently