Chapter 4: The Bill of Rights - Loudoun County Public SchoolsChapter OverviewVisit the Civics ......

Evaluating Information Study Foldable Make this foldable to writequestions and answers as you study the Bill of Rights.

Step 1 Write a summary of theBill of Rights on one side of asheet of paper.

Step 2 Fold the sheet of paperinto thirds from top to bottom.

Reading andWriting As you readabout the Bill ofRights, write downthree main questionsunder each heading.Then write an answerto each question.

Step 3 Unfold, turn the paperover (to the clean side), and labelas shown.

96

Americans express their views at the Lincoln Memorial. ▲

The Bill of Rights—the first 10 amendments to the U.S.Constitution—guarantees certain basic rights to allAmericans. Among the most important is freedom ofspeech.This right allows Americans to speak out on issuesand make their feelings known. Contact a local organizationconcerned with civil liberties. Ask about incidents in yourcommunity that threatened the free speech of an individualor group. Create a proposal that lists actions that can betaken to protect free speech in your community.

To learn more about the rights that the Constitutionguarantees, view the Democracy in Action video lesson 3: The Constitution—A Living Document.

What is the Bill of Rights?

The Bill of Rights and You

Extending the Bill of Rights

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Chapter Overview Visit the CivicsToday Web site at civ.glencoe.comand click on Chapter Overviews—Chapter 4 to preview chapterinformation.

http://www.glencoe.com/sec/socialstudies/govciv/civics2003/content.php4/927/1

PhotoDisc

GUIDE TO READING

Main Idea

Soon after ratification ofthe Constitution, the FirstAmendment was addedto guarantee basic free-doms essential toAmerican democracy.

Key Terms

civil liberties, censor-ship, petition, slander,libel

Reading Strategy

Analyzing Information Asyou read, list in a chartlike the one below thefreedoms guaranteed bythe First Amendment,along with the limitationsto those freedoms.

Read to Learn

• How does the FirstAmendment protectfive basic freedoms?

• What are the limits to First Amendmentfreedoms?

The FirstAmendment

SECTION

Thomas Jefferson was an outspokensupporter of Americans’ personal freedoms. In aletter to Colonel Edward Carrington, dated January16, 1787, Jefferson wrote: “. . . [W]ere it left to meto decide whether we should have a governmentwithout newspapers, or newspapers without agovernment, I should not hesitate a moment toprefer the latter.” In his lifetime, Jefferson took full advantage of the freedom of thepress. He wrote and published dozens of articles and papers to express his views andto encourage his fellow citizens to think andact according to their beliefs.

First Amendment FreedomsThe Founders of the United States believed that protecting

individual rights and providing for the safety and well-being ofcitizens were important purposes of government. TheConstitution might not have been ratified had the Bill of Rightsnot been promised. Added in 1791, the 10 amendments in theBill of Rights place strict limits on how the national governmentcan use its power over the people. The Bill of Rights protectsour civil liberties—the freedoms we have to think and actwithout government interference or fear of unfair treatment.

The First Amendment to the Constitution protects fivebasic freedoms: freedom of religion, freedom of speech, free-dom of the press, freedom of assembly, and freedom to petitionthe government.

These civil liberties are the cornerstone of our democracy.They ensure that each of us can develop our own beliefs,express ourselves freely, meet openly with others, and have ourviews on public matters heard by those who govern.

Freedom of Religion Intolerance of different beliefs in their homelands forced

many colonists to come to America in the first place.To safeguardreligious freedom, the First Amendment prohibits Congress from

Thomas Jefferson

98 Chapter 4 The Bill of Rights

First Amendment

Freedoms Limitations

Chapter 4 The Bill of Rights 99

establishing an official religion in the UnitedStates. It protects the freedom of Americansto practice their faith as they wish. The gov-ernment may not favor one religion overanother or treat people differently because oftheir personal beliefs.

Freedom of Speech In some countries, people can be jailed

for criticizing the government or voicingunpopular ideas, even if they do so only inprivate conversations. In the United States,however, the First Amendment guaranteesthat we can say what is on our minds, inpublic or in private, without fear of punish-ment by the government.

Face-to-face discussions, telephoneconversations, lectures, and radio and TVbroadcasts are covered by the guarantee offree speech; so are other forms of expres-sion besides the spoken word. As inter-preted by the Supreme Court, “speech” canmean Internet communication, art, music,or even clothing.

In 1965, for example, 13-year-old MaryBeth Tinker and two other students woreblack armbands to school to mourn thosewho died in the Vietnam War. Schoolauthorities suspended them for wearing thearmbands, and the teens eventually tooktheir case to the Supreme Court. In its

landmark 1969 decision, the Court ruledthat the armbands were a form of speechprotected by the First Amendment. ; See

Landmark Supreme Court Case Studies on page 108.

Freedom of the Press The First Amendment allows Americans

to express themselves in print as well as inspeech.When the Bill of Rights was written,“the press” referred to printed publicationssuch as books, newspapers, and magazines.Today the press includes many other sourcesof media, such as radio, television, and com-puter networks.

Freedom of the press ensures that theAmerican people are exposed to a widevariety of viewpoints.The government can-not practice censorship; that is, it cannotban printed materials or films merely

The First Amendment

Freedom ofSpeech

Freedom ofthe Press

Freedom ofReligion

Freedom ofAssembly

Freedom to Petitionthe Government

Private PropertyEarly Americans believed strongly in the right ofprivate property, or the right of individuals andbusinesses to own land, buildings, and othercommodities. The Fifth Amendment protectsthis right by saying that private property cannotbe taken for public use without fair payment.Clip ads from the classified section of yournewspaper that show how people profit fromthe right to private property.

The First Amendment protects five basicfreedoms of the American way of life.Which freedoms protect your right todemonstrate against a government policy?

(l)AP/Wide World Photos, (r)David H. Wells/CORBIS


because they contain alarming or offensiveideas, and it also cannot censor informationbefore it is published or broadcast.

Freedom of Assembly The First Amendment protects our

right to gather in groups for any reason, solong as the assemblies are peaceful.We havethe right to attend meetings, parades, polit-ical rallies, and public celebrations.Governments may make rules about whenand where such activities can be held, butthey cannot ban them.

The Supreme Court has decided thatfreedom of assembly implies freedom ofassociation. Thus the First Amendmentalso protects our right to form and joinsocial clubs, political parties, labor unions,and other organizations. Even if we neverassemble with fellow members, we have theright to belong to such groups.

Freedom to Petition Finally, the First Amendment guaran-

tees all Americans the right to petition thegovernment. A petition is simply a formalrequest. Often we use the word to refer to aspecific kind of document—a brief, writtenstatement signed by hundreds or thousandsof people. Even a simple letter or e-mailwritten by an individual, however, could beconsidered a petition.

The right to petition means the rightto express one’s ideas to the government.If you want to complain about over-crowded schools, for example, or suggestthat a skating park be built in your com-munity, you can write to your elected rep-resentatives. If enough people expresssimilar views, government leaders maytake action.

Summarizing Whatfreedoms does the First Amendment protect?

Freedom of Religion Many early colonists and immigrantsthroughout history came to the United States so they couldfreely practice religion. How does the First Amendment protect religious freedom?

�BE AN ACTIVE CITIZEN�7. Use Primary Sources Read your

local newspaper for a week.Note all of the examples of peo-ple exercising First Amendmentrights that you can find. Reportyour findings to the class.

Checking for Understanding

1. Key Terms Define the followingterms and use them in sen-tences related to the FirstAmendment: civil liberties, cen-sorship, petition, slander, libel.

Reviewing Main Ideas2. Infer Besides the spoken word,

“speech” refers to what otherforms of expression?

3. Identify What are the limits toFirst Amendment freedoms?Give an example of a limit to aFirst Amendment right.

Critical Thinking

4. Drawing Conclusions WhichFirst Amendment right do youthink is the most important?

5. Cause-and-Effect In a graphicorganizer like the one below,explain the effects of Mary BethTinker’s antiwar protest.

Analyzing Visuals

6. Describe Reexamine the photoson page 100. How do theseimages reflect First Amendmentrights?

CauseEffect/Cause Effect

Tinker’s Armband Protest

SECTION ASSESSMENT


Limits to First

Amendment FreedomsThe Supreme Court has decided that

compelling public interests—the safety andsecurity of Americans—may justify limita-tions on our First Amendment freedoms.Freedom of speech, for example, does notinclude the right to endanger our govern-ment or other Americans.You do not havefreedom to provoke a riot or other violentbehavior.You are not free to speak or writein a way that immediately leads to criminalactivities or efforts to overthrow the gov-ernment by force.

Citizens should use their civil libertiesresponsibly, which means they should notinterfere with the rights of others. Forexample, you are free to talk with yourfriends in the street, but you must not blocktraffic. You may campaign for causes, butyou may not disturb your neighbors withblaring loudspeaker broadcasts. You maycriticize government officials, but you maynot spread lies that harm a person’s reputa-tion. Spreading such lies is a crime calledslander if the lies are spoken and libel ifthey are printed.

The First Amendment was neverintended to allow Americans to do what-ever they please. Unlimited freedom is notpossible in a society of many people. Therights of one individual must be balancedagainst the rights of others and against therights of the community. When there is aconflict, the rights of the community oftencome first. Otherwise, the society wouldbreak apart.

Explaining Why are yourFirst Amendment rights limited?

203 years to pass . . .The 27th amendment states that nochange in congressional pay can gointo effect until after the next generalelection. Originally, it was the secondof 12 separate articles that becamethe Bill of Rights in 1791. In the1980s, it was rediscovered. By 1992the required 38 states had ratified it,putting it at last into the Constitution—203 years after it was proposed!

Citizenship

Why Learn This Skill?Reading and listening are a part of your stu-dent life. You read your textbook, library books,and Web pages. You listen to your teachersand to television broadcasts. Whatever yourpurpose, it helps to know how to take notes.Taking notes helps you organize and learninformation and makes studying easier.

Learning the SkillTo take good notes, follow these steps:• Record the date and identity of your source. • Define the purpose of your note taking, and

stay focused on it.• Watch for proper names, dates, events, or

headings in the selection you use. Includethis type of information in your notes.

• Write down short phrases that summarizethe main ideas of the selection. Use com-plete sentences sparingly.

• Use your own words as much as possible.Try to develop your own system of abbrevia-tions and symbols. Arrows, for instance, canbe a quick way to show relationshipsbetween two or more points.

• Leave space to come back and write furtherinformation about important ideas. This ishelpful when you use two or more sources.

Practicing the SkillRead the passage below and follow the stepsto create notes for it.


Studying and taking notes

Practice key skills with Glencoe’sSkillbuilder Interactive WorkbookCD-ROM, Level 1.

Taking Notes

Censorship and CyberspaceCan the Internet and the First

Amendment coexist? Congress actedearly to outlaw inappropriate cyber con-tact between adults and children. In themid-1990s, it reached further. Congressfirst considered holding online providersto standards similar to those used bymainstream TV and radio networks.Owners of these “airway” communica-tions chose their own programs and socould control content. The Communi-cations Decency Act finally passed byCongress in 1996 had fewer limits. Thislaw simply outlawed “indecent” and“offensive” materials.The Supreme Courtfound the law a “heavy burden” on free-dom of speech, and struck it down.

Rachel Epstein/PhotoEdit

Scan a local newspaper for a short editorialor article about a constitutional issue. Takenotes on the article. Summarize the articleusing only your notes.

Applying the Skill

CORBIS

GUIDE TO READING

Main Idea

In addition to the impor-tant civil liberties pro-tected by the FirstAmendment, the othernine amendments in theBill of Rights guaranteethe right to fair legaltreatment, as well asother freedoms.

Key Terms

search warrant, indict-ment, grand jury, doublejeopardy, due process,eminent domain, bail

Reading Strategy

Categorizing InformationAs you read, list the rights guaranteed byAmendments 2–10 of the Bill of Rights in a web diagram like the onebelow.

Read to Learn

• How does the Bill ofRights protect therights of the accused?

• What other rights andfreedoms are guaran-teed by the Bill ofRights?

Amendments2–10

Other Guaranteesin the Bill ofRights

SECTION


The Fourth Amendment is animportant safeguard against “unreasonablesearches and seizures.” This amendmentprotects Americans from unlawful searches bythe police. However, you, as a student, are notprotected in the same way. In the case of NewJersey v. T.L.O., the Supreme Court ruled thatthe Fourth Amendment’s “warrant requirement. . . is unsuited to the school environment.” TheConstitution includes other amendments thatprotect the rights of Americans accused ofcrimes.

Protecting the Rights of the AccusedThe First Amendment freedoms you have just read about

are among our most important civil liberties. Equally precious,however, is the right to fair legal treatment. This is the subjectof several amendments in the Bill of Rights.

Suppose someone accuses you of committing a crime. Insome countries, government agents might ransack your home,drag you off to jail, beat you, and hold a trial without even let-ting you respond to the charges. In the United States, theFourth, Fifth, Sixth, and Eighth Amendments help preventsuch a scenario from occurring.

The Fourth Amendment The Fourth Amendment protects Americans “against

unreasonable searches and seizures.” No soldier, governmentagent, or police officer can search your home or take yourproperty without good cause.

However, if law enforcement officers believe you have com-mitted a crime, they can ask a judge to issue a search warrant.This is a court order allowing law enforcement officers to searcha suspect’s home or business and take specific items as evidence.

Are school lockersprivate?

Rights of the Accused

FPG International

Judges do not give out search warrantsreadily. They must be convinced that asearch will probably turn up evidence ofcriminal activity. If warrants were issuedfrivolously, the Fourth Amendment wouldgive us little sense of security. Any time ofthe day or night, the police could invadeour privacy and confiscate our possessions.

The Fifth Amendment The Fifth Amendment protects the

rights of people accused of crimes. It statesthat no one can be put on trial for a seriousfederal crime without an indictment—aformal charge by a group of citizens calleda grand jury, who review the evidenceagainst the accused.

A person who is indicted is not necessar-ily guilty of a crime. An indictment simplyindicates the grand jury’s belief that an indi-vidual may have committed a crime. Thisprovision protects people from being broughtto trial hastily and perhaps needlessly.

The Fifth Amendment also protectspeople from double jeopardy. This meansthat people who are accused of a crime andjudged not guilty may not be put on trialagain for the same crime.

In addition, the Fifth Amendment pro-tects an accused person’s right to remainsilent.Throughout history, innocent peoplehave been threatened, tortured, or bulliedinto confessing to crimes they did not com-mit. To prevent this, the Fifth Amendmentstates that people cannot be forced to tes-tify against themselves. This is called pro-tection against self-incrimination.

The Fifth Amendment goes on to saythat no one may be denied life, liberty, orproperty “without due process of law.” Dueprocess means following established legalprocedures. It also includes the idea thatthe laws themselves must be reasonable.

Finally, the Fifth Amendment protectscitizens’ property rights by limiting the gov-ernment’s power of eminent domain.

The Fifth and Sixth Amendments containimportant protections for people accusedof committing crimes. Which amendmentguarantees that if you are arrested, you willbe informed of the charges against you?

No trial may be held unless a person isformally charged, or indicted by a grand jury.A person found not guilty may not be puton trial again for the same crime.Accused persons may not be forced totestify against themselves.Every person is entitled to due processof law.No one may be deprived of their propertyby the government without compensation.

The accused must be informed of thenature of the charges.The accused must be allowed a speedyand public trial by an impartial jury.If possible, the trial must be held in thearea where the crime took place.The accused must be permitted to hearand question all witnesses.The accused is entitled to a lawyer andto call witnesses for his or her defense.

FIFTH AMENDMENT SIXTH AMENDMENT

104

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Eminent domain is the right of the gov-ernment to take private property—usuallyland—for public use. For example, if yourhome lies in the path of a proposed highway,the government may legally take the landand destroy your house. Under the FifthAmendment, however, the government mustpay you a fair price for the property.

The Sixth Amendment The Sixth Amendment gives additional

due process rights to people accused ofcrimes. It requires that they be told theexact nature of the charges against them. Italso guarantees them a trial by jury,although they may ask to be tried by only ajudge instead.

If an accused person requests a jurytrial, the trial must be speedy and public,and jurors must be impartial. If possible,the trial should be held in the same districtwhere the crime took place.

Accused individuals have the right tohear and question all witnesses againstthem. They must also be permitted to callwitnesses in their own defense. Finally, theyare entitled to have a lawyer. Since the SixthAmendment was written, the SupremeCourt has ruled that if an accused personcannot afford a lawyer, the governmentmust provide one and pay his or her fees.

The Eighth Amendment Although the Sixth Amendment guar-

antees a speedy trial, sometimes months goby before a case can be heard. During thattime, the accused may have two choices:stay in jail or remain free by paying bail.Bail is a sum of money used as a securitydeposit. If the accused person comes tocourt for the trial, the bail is returned.If the person fails to appear, though, thebail is forfeited.

The judge decides how much bail aperson must pay. Judges consider various

factors, including the type of crime com-mitted, the record of the accused person,the likelihood that he or she will appear incourt, and what he or she can afford. TheEighth Amendment, however, forbids“excessive” bail—that is, an amount that ismuch too high.

James Madison(1751–1836)Even in his day, JamesMadison, the nation’s fourthpresident, was known as the“Father of the Constitution.”Madison protested: “You giveme credit to which I have noclaim. . . . It ought to beregarded as the work of manyheads and many hands.”

However, when it came to creating a consti-tution, Madison had few equals. He not onlyplayed a leading role in shaping the Consti-tution, he wrote many of the Federalist papersdefending it. Madison, though, at first opposedthe addition of a bill of rights. He felt theConstitution gave the people the power to pro-tect their own rights through the election ofofficials. The Constitution also limited the pow-ers of government by such means as separa-tion of powers and checks and balances. Hefeared that future governments might honoronly those rights listed in the bill.

When some leaders threatened to call asecond constitutional convention, Madisonagreed to a list of rights. To make sure theamendments did not weaken the new govern-ment, he helped write them himself. Then, asthe U.S. representative from Virginia, Madisonpushed the amendments through Congress,fulfilling the Constitution’s promise to create a“more perfect union.”


The Eighth Amendment also forbidsexcessive fines for people convicted ofcrimes. In addition, it forbids “cruel andunusual punishments.” For many years,Americans have debated what kinds of pun-ishment are cruel and unusual. It is generallyagreed that punishment should be in pro-portion to the crime committed. For exam-ple, a sentence of life imprisonment forstealing a loaf of bread would be too harsh.People disagree strongly, however, aboutwhether the death penalty for very seriouscrimes is cruel and unusual punishment.

Identifying Whichamendment protects a person accused of acrime from double jeopardy?

Protecting Other RightsIn addition to the First Amendment

freedoms and due process guarantees, theBill of Rights includes other protections forAmerican citizens.

The Second Amendment There is much debate over what rights,

exactly, are guaranteed by the SecondAmendment. Some argue that it providesonly for each state to maintain “a well reg-ulated militia” by allowing the members ofthose militias to carry arms. When theSecond Amendment was written, a militiawas a small, local army made up of volun-teer soldiers. These militias helped to win America’s independence from GreatBritain. Later, they helped defend the statesand their communities.

Other people hold that the SecondAmendment guarantees the right of allindividual citizens to “keep and bear arms”without the interference of the government.The courts have generally ruled that thegovernment can pass laws to control, butnot prevent, the possession of weapons. Forexample, federal and state laws determinewho can be licensed to own firearms.

Lawmakers continue to discuss theextent of our right to bear arms today.Theyalso debate the kinds of gun regulationsthat may be necessary for public safety.

The Third Amendment One cause of the American Revolution

was the colonists’ resentment of the lawrequiring them to house and feed Britishsoldiers. The Third Amendment makes itunlikely that Americans will ever beforced to shelter the military again. Theamendment says that, in peacetime, sol-diers may not move into private homeswithout the consent of the homeowner. Intimes of war, the practice must be author-ized by Congress.

Carl Hubenthal

Analyzing Visuals The Bill of Rightsextended the protections of theConstitution by granting freedom of thepress, due process, and other importantrights to Americans. What details revealthe cartoonist’s view of the Bill ofRights?


The Seventh Amendment The Fifth, Sixth, and Eighth Amend-

ments deal with people’s rights in criminalcases. The Seventh Amendment concernscivil cases—lawsuits that involve disagree-ments between people rather than crimes. Ifyou were disputing a contract, for example,or claiming that a doctor had not treated youproperly, you could initiate a civil suit.

The Seventh Amendment guaranteesthe right to a jury trial in civil cases if theamount of money involved is more than$20. The amendment does not, however,require a jury trial. Both sides may decide tohave their dispute settled by a judge instead.

The Ninth Amendment The people who wrote the Bill of Rights

realized that they could not spell out everyright of the American people. The NinthAmendment makes it clear that citizenshave other rights beyond those listed in theConstitution. These unwritten rights arejust as valuable and may not be taken away.

The right to privacy, for example, is notmentioned in the Constitution. However, theSupreme Court has drawn on the First,

Fourth, Fifth, and Ninth Amendments touphold this right. We thus enjoy privacy inour homes, confidentiality in our medicaland financial records, and freedom from gov-ernment interference in our personal choicesregarding friends, families, and careers.

The Tenth Amendment The Constitution discusses certain

powers of the national and state govern-ments. Many other powers of govern-ment—such as the authority to set upschools and license lawyers—are not men-tioned at all.

Under the Tenth Amendment, any pow-ers the Constitution does not specificallygive to the national government arereserved to the states or to the people. (Thisamendment is the source of the reservedpowers you learned about in the Chapter 3discussion of federalism.) In this way, theTenth Amendment prevents Congress andthe president from becoming too strong.The government of the United States canhave only the powers the people give it.

Describing What is thepurpose of the Tenth Amendment?


1. Key Terms Use the followingterms in sentences related tothe Bill of Rights: search warrant, indictment, grand jury,double jeopardy, due process,eminent domain, bail.

Reviewing Main Ideas2. Explain When can law enforce-

ment officers search a suspect’shouse?

3. Identify What current controver-sial issue is tied to the EighthAmendment’s prohibition ofcruel and unusual punishment?

Critical Thinking

4. Drawing Conclusions Which ofthe first 10 amendments do youthink is the most important? Why?

5. Organizing Information In a similar chart, describe how therights of the accused are pro-tected by each amendment.

Analyzing Visuals

6. Conclude Review the chart thatlists the rights of personsaccused of crimes on page 104.What is the role of a grand juryin the trial process?

SECTION ASSESSMENT

�BE AN ACTIVE CITIZEN�7. Write Select an issue related to

the amendments in this section,such as the death penalty or guncontrol. Write a letter to the editorof your local newspaper express-ing your views on the issue.

Amendment Rights Protected

4

5

6

8

Background of the CaseDivision over the war in Vietnam racked the nationduring the 1960s. Millions of Americans agreed withthe war, while other millions disagreed. Protestsoccurred frequently. One night in December 1965, agroup of public school students, led by high-schoolsophomores Christopher Eckhardt and John Tinkerand eighth-grader Mary Beth Tinker, planned their ownprotest. They decided to wear black armbands toschool as silent expressions of mourning for deathson both sides in the war. As other students joined thearmband protest, principals and members of theschool board met the growing protest with a ban onarmbands—to prevent “disturbing influences.”

On December 16, 1965, Christopher, John, andMary Beth were suspended for wearing their armbandsto school. Their parents protested the suspensions infederal courts. They contended the students’ FirstAmendment free speech rights had been violated.

The DecisionOn February 24, 1969, the United States SupremeCourt in a 7–2 decision declared the school suspen-sions unconstitutional. Justice Abe Fortas, who wrotethe majority opinion, first established that the stu-dents’ action was “akin to pure speech.” Even thoughtheir protest involved no speaking, it deserved “pro-tection under the First Amendment.” Then he wrote:

It can hardly be argued that either students orteachers shed their constitutional rights tofreedom of speech or expression at theschoolhouse gate.

Why It MattersSupporters saluted the decision. Critics predicted harm-ful consequences. Dissenter Justice Hugo Black sug-gested that the Court’s decision was “the beginning ofa new revolutionary era of permissiveness in this coun-try fostered by the judiciary.” He argued that no one hasa complete right to freedom of speech and expression.

1. How did Justice Fortas’s concept of “purespeech” extend First Amendment freespeech rights?

2. What arguments might you use tosupport or oppose the viewpointsof Justice Fortas and JusticeBlack?

108 Chapter 4 The Bill of RightsBettmann/CORBIS

Tinker v. Des Moines Independent Community School District

Tinker v. Des Moines Independent Community School District

Public school officials set standards ofbehavior that students are expected to follow. Does this arrangement leave studentswith any rights? Sometimes the SupremeCourt must decide.

The Tinkers show their armbands.

GUIDE TO READING

Main Idea

The amendmentsadopted after the Bill ofRights extended libertiesand voting rights toAfrican Americans,women, and other minor-ity groups.

Key Terms

suffrage, poll tax

Reading Strategy

Explaining InformationAs you read, complete agraphic organizer like theone below to explain theCivil War amendments.

Read to Learn

• How were the Civil Waramendments intendedto extend civil libertiesto African Americans?

• How did theSeventeenth,Nineteenth, Twenty-third, Twenty-fourth,and Twenty-sixthAmendments extendvoting rights in theUnited States?

Extending the Bill of Rights

SECTION

Even as a teenager, William LloydGarrison’s dedication to the abolition of slaverywas apparent. As a newspaper apprentice, andlater as the owner of his own newspapers,ending slavery was nearly his sole concern. In the first edition of The Liberator, published in 1831, Garrison promised his readers, “I am in earnest—I will not equivocate—I will notexcuse—I will not retreat a single inch—AND IWILL BE HEARD.” Thirty-four years later cameproof that Garrison’s words had been heard whenthe Thirteenth Amendment was passed.

Protecting All AmericansThe Bill of Rights was passed to safeguard individual liber-

ties. However, the rights guaranteed to all Americans have notalways been applied equally and fairly. The Bill of Rights wasintended originally to restrain only the national government.For many years, local and state governments were not boundby its terms. As a result, states sometimes used their reservedpowers to pass laws that violated civil liberties. In most parts ofthe country, for example, women and African Americans couldnot vote to elect representatives in government. Before 1865,many states had laws that sanctioned the enslavement ofAfrican Americans, who were treated as property and hadalmost no rights at all.

Gradually, however, the Bill of Rights came to cover allAmericans equally and to limit government power at all levels.Additional amendments to the Constitution and court rulingsboth played a part in this process.

Three amendments were passed after the Civil War to extendcivil liberties to African Americans. The promise of these CivilWar amendments, as they are known, was not fulfilled, however,for almost 100 years. Many states were slow to change their cus-toms; some actively resisted. The federal government, includingthe Supreme Court, often seemed indifferent. Nonetheless, theCivil War amendments signaled a move toward greater equality.

Chapter 4 The Bill of Rights 109CORBIS

Civil War Amendments

William LloydGarrison


Constitutional Amendments 11–27

AMEND-MENTS DATE PURPOSE

11

13

14

16

12

20

22

25

15

17

18

21

19

23

24

27

26

Removed cases in which a state was sued without its consent from thejurisdiction of the federal courtsRequired presidential electors to vote separately for president and vicepresidentAbolished slavery and authorized Congress to pass legislation implementing itsabolitionGranted citizenship to all persons born or naturalized in the United States;banned states from denying any person life, liberty, or property without dueprocess of law; and banned states from denying any person equal protectionunder the lawsGuaranteed voting rights to African Americans by outlawing denial of the right tovote on the basis of race, color, or previous condition of servitudeEmpowered Congress to levy an income taxProvided for the election of U.S. senators by direct popular vote instead of bythe state legislaturesAuthorized Congress to prohibit the manufacture, sale, and transportationof liquorGuaranteed the right to vote to womenShortened the time between a presidential election and inauguration bydesignating January 20 as Inauguration Day; set January 3 as the date for theopening of a new CongressRepealed the Eighteenth Amendment and empowered Congress to regulate theliquor industryLimited presidents to two full terms in officeGranted voters in the District of Columbia the right to vote for president andvice presidentForbade requiring the payment of a poll tax to vote in a federal electionProvided for succession to the office of president in the event of death orincapacity and for filling vacancies in the office of the vice presidentGuaranteed the right to vote to 18-year-oldsBanned Congress from increasing its members’ salaries until after the nextelection

Amendments changing the powers of thenational and state governments

Amendments changing the government structure or functionAmendments extending the suffrage and powers of voters

1795

1804

1865

1868

1870

1913

1913

1919

1920

1933

1933

1951

1961

1964

1967

1971

1992

One of the strengths of the Constitution isits ability to respond to changes in society.The amendment process contributes to thatflexibility. Which amendment establishesthe process by which the vice presidenttakes over when the president is disabled?

The Thirteenth Amendment (1865) The Thirteenth Amendment officially

outlawed slavery in the United States andthus freed thousands of African Americans.It also outlawed any sort of forced labor,except as punishment for a crime.

The Fourteenth Amendment (1868)Although the Thirteenth Amendment

ensured the freedom of African Americans,it did not guarantee them full rights. Afterthe Civil War, many Southern states passed“black codes” that kept African Americans


from holding certain jobs, limited theirproperty rights, and restricted them inother ways.

To remedy this situation, the FourteenthAmendment was enacted in 1868. Itdefined a United States citizen as anyone“born or naturalized in the United States,”a definition that included most AfricanAmericans. The amendment also requiredevery state to grant its citizens “equal pro-tection of the laws.” This clause has beenextremely important. In recent years, it hasbeen used to benefit women, people withdisabilities, and other groups whose rightshave not always been protected fairly.

Another element of the FourteenthAmendment forbids state governmentsfrom interfering with the “privileges orimmunities of citizens of the United States.”Further, state governments may not take anindividual’s “life, liberty, or property, with-out due process of law.” The intent of theseprovisions was to make the Bill of Rightsbinding for state governments as well as thefederal government. This is called thenationalization of the Bill of Rights.

For many years, however, the SupremeCourt ignored this interpretation of theFourteenth Amendment. Then, in 1925, inGitlow v. New York, the Court ruled that theFourteenth Amendment could safeguardfree speech and a free press “from impair-ment by the states.”

Since the Gitlow case, the SupremeCourt has used the Fourteenth Amendmentto apply other rights in the Bill of Rights tothe states. This “incorporation” of the Billof Rights by the Fourteenth Amendment’sdue process clause means that U.S. citizensin every part of the country have the samebasic rights. A string of later cases furtherextended the reach of the Bill of Rights. Bythe end of the 1960s, most protections inthe Bill of Rights were considered to applyat the state level.

The Fifteenth Amendment (1870) The last of the Civil War amendments,

the Fifteenth, says that no state may takeaway a person’s voting rights on the basis ofrace, color, or previous enslavement. Theamendment clearly aimed to guarantee suffrage—the right to vote—to AfricanAmericans. Still, many states found ways tokeep African Americans away from the polls.

The Fifteenth Amendment protectedonly men in practice.The various states hadthe power to decide whether women couldvote.Women, regardless of their race, couldnot vote in most federal or state elections.

The Seventeenth Amendment (1913)According to Article I of the Consti-

tution, the people were to elect members ofthe House of Representatives, but the statelegislatures were to choose members of theSenate. The Seventeenth Amendment waspassed in order to allow voters to elect theirsenators directly. This change in the elec-tion process gave Americans a greater voicein their government.

The Nineteenth Amendment (1920)Although the Constitution did not

guarantee women the right to vote, it didnot explicitly deny them suffrage. As aresult, states made their own laws on thematter, using the powers reserved to themunder the Tenth Amendment. The terri-tory of Wyoming permitted women tovote in 1869, and several other territoriesand states did so as well in the years thatfollowed.

However, national support for womansuffrage was slow in coming. Leaders likeSusan B. Anthony and Elizabeth CadyStanton had insisted as early as 1848 thatwomen belonged at the polls. It was only in1920, however, that the NineteenthAmendment protected the right of womento vote in all national and state elections.


The Twenty-Third Amendment (1961)African Americans and women were

not the only citizens who were denied vot-ing rights for many years. Residents of ournation’s capital, Washington, D.C., also fellinto this group.

“D.C.,” as you may know, stands for the District of Columbia, an area betweenMaryland and Virginia. Because theDistrict is not a state, the people who livedthere were not initially allowed to vote innational elections. The Twenty-thirdAmendment changed that in 1961. Theamendment says that residents of theDistrict of Columbia may vote for the pres-ident and vice president, just as otherAmericans do.

The Twenty-Fourth Amendment (1964)Although the Fifteenth Amendment

gave African Americans the right to vote,many had trouble exercising this right. Onereason was that several Southern states hadpoll taxes. In other words, they requiredvoters to pay a sum of money before cast-ing a ballot. Because many AfricanAmericans could not afford the tax, theycould not vote. Poor whites were in thesame situation.

In 1964, the Twenty-fourth Amendmentmade poll taxes illegal in national elections.Two years later, the Supreme Court ruledthat poll taxes were illegal in state electionsas well.

The Twenty-Sixth Amendment (1971)Throughout our nation’s history, people

still in their teens have bravely fought forour country. By law, however, they were notold enough to vote for the leaders who sentthem into battle. Although the Constitutiondid not specify a minimum age for voters,most states set the minimum at 21.

That standard finally changed in 1971,a year when many young Americans werefighting in the Vietnam War. The Twenty-sixth Amendmentguaranteed theright to vote to cit-izens 18 and olderfor all national andstate elections. Asa result, millionsmore Americanscould now exercisetheir right to vote.

Explaining How did theNineteenth Amendment expand suffrage?


1. Key Terms Define the followingterms and use them in sen-tences related to voting rights:suffrage, poll tax.

Reviewing Main Ideas 2. Explain How was the promise

of the Civil War amendments fulfilled in the mid-twentieth century?

3. Describe How did the Twenty-fourth Amendment expand vot-ing rights?

Critical Thinking

4. Concluding Which of the votingrights amendments (17, 19, 23,23, 24, 26) do you think was themost important? Why?

5. Cause-and-Effect In a graphicorganizer like the one below,explain the effects of poll taxesin the South.

Analyzing Visuals

6. Infer Review the chart on page110. Which amendment limitedpresidents to two terms in office?

Cause Effect/Cause Effect

PollTaxes

SECTION ASSESSMENT

�BE AN ACTIVE CITIZEN�7. Write Because many 18- to 21-

year-olds do not vote, somebelieve the 26th Amendmentshould be repealed. Write yourrepresentatives in Congress toget their views on this issue.

Student Web Activity Visitciv.glencoe.com and click onStudent Web Activities—Chapter 4 to learn moreabout amendments to theU.S. Constitution.

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Flip Schulke/CORBIS

GUIDE TO READING

Main Idea

Although amendments tothe Constitution guaran-teed rights to Americans,African Americans andother groups still did notenjoy civil rights. AfricanAmericans organized acivil rights movement togain equality.

Key Terms

discrimination,segregation, civil rights,affirmative action,racial profiling

Reading Strategy

Identifying InformationAs you read, completethe diagram below by filling in key lawsachieved by the civilrights movement.

Read to Learn

• Why did AfricanAmericans begin thestruggle for civil rights?

• What gains did the civilrights movement win?

The Civil RightsStruggle

SECTION

On August 23, 1963, more than200,000 people marched in Washington, D.C.,for their rights. On that day, they heard ReverendMartin Luther King, Jr., utter these words: “Ihave a dream that one day this nation will riseup and live out the true meaning of its creed:‘We hold these truths to be self-evident; that allmen are created equal’. . . . I have a dreamthat my four little children will one day live in a nation where they will not be judged by thecolor of their skin but by the content of theircharacter. . . .”

Background of the StruggleDespite the advances made after the Civil War, African

Americans routinely faced discrimination, or unfair treatmentbased on prejudice against a certain group. Southern states, forexample, passed so-called “Jim Crow” laws requiring AfricanAmericans and whites to be separated in most public places,such as schools. Later, African Americans had to ride in the backof buses, and sit in separate sections of restaurants and theaters.They even had to use separate public restrooms.The social sep-aration of the races was known as segregation. AfricanAmericans in the North fared better.They could vote freely, andsegregation was less noticeable. Even so, prejudice restrictedopportunities for many. It would take more than 100 years forAfrican Americans to secure their civil rights—the rights of fullcitizenship and equality under the law.

From an early time, many Americans objected to the treat-ment of African Americans as “second-class citizens.” In 1909a group of African Americans and whites founded the NationalAssociation for the Advancement of Colored People(NAACP). The association worked mainly through the courtsto challenge laws and customs that denied African Americanstheir constitutional rights.

In 1910 other concerned citizens formed the National UrbanLeague.The Urban League aided the growing numbers of African


Key Civil Rights Legislation

Martin Luther King,Jr., leads a march in

Mississippi.


Americans in cities, helping them find jobsand improve their opportunities to get ahead.

Gradually, these organizations andother groups and individuals built a civilrights movement supported by millions. Animportant gain came in 1948, whenPresident Harry Truman ordered an end tosegregation in the nation’s armed forces. Abigger victory was the Supreme Court’sdecision in Brown v. Board of Education ofTopeka, Kansas (1954). In that landmarkcase, NAACP lawyers successfully arguedthat racial segregation in the public schoolswas unconstitutional. Segregation violatedthe Fourteenth Amendment’s principle ofequal protection under the law.

In the 1950s, Dr. Martin Luther King,Jr., became one of the main leaders of thecivil rights movement. A Baptist ministerand stirring speaker, King believed in non-violent resistance—the peaceful protest ofunfair laws. He helped organize marches,boycotts, and demonstrations that openedmany people’s eyes to the need for change.

African American students began stag-ing “sit-ins” at lunch counters that servedonly whites. White and African American“Freedom Riders” traveled together onbuses to protest segregation. In his 1963 “IHave a Dream” speech, King inspired thou-sands with his hopes for racial equality andharmony. As the civil rights movement

Collection of David J. & Janice L. Frent

Landmark Acts of the Civil Rights Movement

BROWN v. BOARD OF EDUCATIONOF TOPEKA, KANSAS, 1954

CIVIL RIGHTS ACT OF 1957

EQUAL PAY ACT OF 1963

CIVIL RIGHTS ACT OF 1964

Supreme Court rules segregatedschools unconstitutional

Congress sets up commission on civilrights and creates a division ofcivil rights in Justice Department

Bans wage discrimination basedon race, gender, religion, or national origin

Strengthens Fourteenth Amendmentprotections; bans discriminationin employment, voting, and publicaccommodations

VOTING RIGHTS ACT OF 1965

Empowers federal government tointervene in voter registrationdiscrimination

OPEN HOUSING ACT OF 1968

Prevents people selling or rentinghomes from using certain forms ofdiscrimination

EQUAL EMPLOYMENTOPPORTUNITY ACT OF 1972

Provides that businesses receivingfederal funds must have affirmativeaction programs to increase numberof female and minority employees

AMERICANS WITH DISABILITIESACT OF 1990

Bans discrimination in employment,transportation, public accommodations,and telecommunications againstpersons with physical or mentaldisabilities

It was not until 1964 with the passageof the Civil Rights Act that racial segregation in public places becameillegal. What legislation banned wagediscrimination?

gained strength, however, some whitesopposed it with violence.

In response to the growing demand forgovernment action, Congress passed theCivil Rights Act of 1964. This far-reachinglaw prohibited discrimination in public facil-ities, employment, education, and voter reg-istration. It also banned discrimination notonly by race and color, but also by gender,religion, and national origin.

Earlier that same year, the Twenty-fourth Amendment had outlawed polltaxes. The Voting Rights Act of 1965 tookfurther steps to protect the free access ofminorities to the polls.

Ongoing ChallengesThe civil rights laws of the 1960s cer-

tainly opened more doors for minorities.African Americans, Hispanic Americans, andother minorities have made striking gains ineducational achievement. They increasinglyhold professional and managerial jobs andserve in government, yet whites still tend tohave more opportunities.

In the 1970s, the federal governmentbegan affirmative action programs to try

to make up for past discrimination. Theseprograms encouraged the hiring and pro-moting of minorities and women in fieldsthat were traditionally closed to them.Colleges, too, practiced affirmative actionto help minority students gain admission.

As planned, affirmative action was sup-posed to be a short-term policy to make upfor past discrimination. From the start,affirmative action was controversial. Criticscomplained that giving preferential treat-ment to women and minorities amountedto discrimination against men and whites.Recent court decisions and state laws havecurtailed many affirmative action programs.

The struggle for equal rights continues.Each year, the federal government receivesmore than 75,000 complaints of workplacediscrimination. Many Americans and othersare sometimes subject to racial profilingby law enforcement officers—being singledout as suspects because of the way theylook. Some Americans even become the vic-tims of hate crimes—acts of violence basedon a person’s race, color, national origin,gender, or disability.

Describing How did MartinLuther King, Jr., hope to change unfair laws?


1. Key Terms Use the followingterms in a paragraph that summarizes the civil rights move-ment: discrimination, segregation,civil rights, affirmative action,racial profiling.

Reviewing Main Ideas2. Identify List examples of the

discrimination that AfricanAmericans faced after the Civil War.

3. Define What was the purpose ofthe Civil Rights Act of 1964?

Critical Thinking

4. Drawing Conclusions Why wasthe civil rights movementstarted?

5. Explaining Information Use thegraphic organizer below to listMartin Luther King, Jr.’s tacticsin the civil rights movement.

Analyzing Visuals

6. Conclude Reexamine the charton page 114 that lists somelandmark acts achieved by civilrights activists. What was thepurpose of the Americans withDisabilities Act?

SECTION ASSESSMENT

�BE AN ACTIVE CITIZEN�7. Write Do you think that affirma-

tive action laws are a fair way tochange past discrimination? Writeyour opinion in a letter to the editor.


King’sTactics

Reviewing Key TermsWrite the chapter key term that matches eachdefinition below.

1. a formal accusation of a crime issued by agrand jury

2. the criminal act of verbally lying about anotherperson to harm that person’s reputation

3. procedures established by law and guaran-teed by the Constitution

4. a formal request for government action

5. the right of the government to take privateproperty for public use

6. a sum of money paid in exchange for theright to vote

7. banning printed materials because they con-tain alarming or offensive ideas

8. the criminal act of printing lies about otherpeople

9. money paid to the court by an accused per-son to guarantee that she or he will appearfor trial

10. the right to vote

Reviewing Main Ideas11. What five basic freedoms does the First

Amendment protect?

12. What was the significance of the Brown v.Board of Education of Topeka, Kansasdecision?

13. What practice led to the inclusion of the ThirdAmendment in the Bill of Rights?

14. Why is protection from “double jeopardy”important?

15. What was the impact of the Supreme Court’sdecision in Gitlow v. New York (1925)?

16. Explain the significance of the FourteenthAmendment.

17. What was the purpose of the NAACP and theNational Urban League?

18. What does the “incorporation” of the Bill ofRights mean?

Using Your Foldables Study OrganizerFind a classroom partner and take turnsasking each other the three questionsyou each have written on your foldable.Can you answer each other’s questionscorrectly?

116

Section 1

• The First Amendment tothe Constitution protectsfive basic freedoms ofAmericans.

• There are limits to ourFirst Amendment rights.

Section 2

• The Fifth, Sixth, and Eighth Amendmentsprotect the rights of persons accused ofcrimes.

• The Bill of Rights also protects other rightsand important liberties.

Section 3

• The Civil Waramendments endedslavery, definedAmerican citizenshipto include AfricanAmericans, andguaranteed suffrageto African Americans.

Section 4

• Groups of AfricanAmericans joinedtogether to fight forequality in a strugglecalled the civil rightsmovement.

(t)Jonathan Nourok/PhotoEdit, (c)Penelope Breese/Liaison, (b)Bruce Roberts/Photo Researchers

Critical Thinking19. Predicting Consequences The Twenty-

fourth Amendment to the U.S. Constitutionmade poll taxes illegal in national elections.What do you think would have happened ifthe Twenty-fourth Amendment had not beenratified?

20. Making Judgments In a chart like the onebelow, reorder the 27 amendments to theU.S. Constitution in their order of impor-tance. Explain your choice for most impor-tant and least important.

Practicing SkillsTaking Notes Turn to the Supreme Court Case Summaries in the Appendix. Read thefollowing cases: Gideon v. Wainwright andMiranda v. Arizona. Take notes as you read and answer the following questions using only your notes.

21. Which amendments to the Constitution wereinvolved in these cases?

22. What was the Court’s ruling in each case?

23. Do you agree or disagree with these rul-ings? Explain your answers.

Economics Activity24. Contact a lawyer in your community who

handles criminal cases. Conduct an inter-view to find out what costs are involved indefending a criminal charge.

Analyzing Visuals25. Study the chart that lists Amendments

11–27 on page 110. Which amendmentspells out the procedure for replacing apresident who leaves office? Which amend-ment repeals an earlier amendment?

26. The First Amendment guarantees freedomof assembly. Work with a partner to contacta local government to find out its rulesabout holding assemblies, such as politicalrallies, meetings, or parades. Find out whatrestrictions apply to where and when theassemblies take place. Report your findingsto the class.

Technology Activity27. Use the Internet to research current

debates over Americans’ First Amendmentrights. For example, you might research theproposed amendment to protect theAmerican flag or the separation of churchand state. Summarize the issue and shareyour opinion about it in a brief presentation.

Self-Check Quiz Visit the Civics Today Web site atciv.glencoe.com and click on Self-Check Quizzes—Chapter 4 to prepare for the chapter test.

Standardized Test Practice

DIRECTIONS: Choose the bestanswer to complete the statement.

The right to express yourself in aneditorial letter to your local newspaper isprotected byF the First Amendment.G the Second Amendment.H the Third Amendment.J the Fourth Amendment.

Test-Taking TipAlthough you may not immediately recallthe answer, start by eliminating answer

choices that you know are incorrect.


Order Number of Amendment

First in importance:

Second in importance:

Third in importance:

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