The Bill of Rights Another way we’ve limited the power of government in our lives. Adapted from...

The Bill of Rights

Another way we’ve limited the power of government in our lives.

Adapted from Mr. P’s version

04/19/23

Background• Ways we’ve limited government’s

power so far (or “how we made a constitutional government”):

• Consent of the GovernedConsent of the Governed

• Separation of PowersSeparation of Powers

• System of Checks and BalancesSystem of Checks and Balances

• But this was not enough!!!But this was not enough!!!

• Higher Law (Constitution)Higher Law (Constitution)

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Purpose of this Lesson• Describe the Bill of

Rights.• Explain the

reasons why the Bill of Rights was added to the Constitution.

• Name and describe our rights guaranteed in the first 10 Amendments.

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Why the Bill of Rights?• 1787 - Constitution

written.• A number of states

wouldn’t ratify the Constitution unless a list of rights were added.

• 1789 - Ratification• 1791 - Rights

added (1st 10 Amendments)

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Why the Bill of Rights?

• "If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place, oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions."

• James Madison - Federalist Papers #53

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Bill of Rights:The First Amendment

• “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.”

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Bill of Rights:The First Amendment - Analysis

• Freedom of Religion:– The first

guaranteed freedom

– Americans may practice any religion or no religion at all. Government shall not interfere or influence.

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– Forbids Congress from establishing an official national religion or from favoring one religion in any way. This is known as Separation of Church and State.

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• Freedom of Speech

– The right to expressexpress ideas and opinions

– The right to listenlisten to to ideas and opinions of others.

– The intent was to allow us to criticize government and the actions of government officials.

Students protest America’sinvolvement in Persian Gulf

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– Is freedom of speech absolute? • Cross Burnings?• Hate speech?

When should free speech be limited? Monitored? Stopped altogether?

A young cross burner.

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• The Constitution protects not only “free thought for those who agree with us but freedom for the thought that we hate.”

– Justice Oliver Wendell Holmes

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• May I state falsehoods that injure a person’s reputation?

• May be sued for slanderslander (spoken)

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• Freedom of the Press– Freedom to express ideas in writing

• Closely related to Freedom of Speech– John Peter Zenger 1734

• Ripped on governor, imprisoned. Wrote the truth and judges agreed.

– May not write falsehoods (libellibel)– Courts have decided that freedom of press

applies to electric media (TV, radio, Internet) as well

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• Freedom of Assembly– Priceless right to hold meetings.– We may meet to discuss problems and

plan actions.– Must be peaceful

• Freedom of Petition– The right to ask the government to do

something or stop something.– A PetitionPetition is a formal request.

• We may contact our representatives and give them a piece of our mind.

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Current 1st Amendment Issues

• Does the press have the right to state U.S. military positions in their stories?

Shooting down a SCUD missile

outside Mr. Ponkratz’s barracks.Jan 1991

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Current 1st Amendment Issues• Can the U.S.

government provide tax dollars to support “faith- based organizations” as President Bush suggested?

• School Vouchers?

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Bill of Rights:The Second Amendment

• “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.”

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Bill of Rights2nd Amendment Analysis

• During colonial period, Americans organized militias (i.e. 8th Virginia)

• These militias played a big role in defeating England

• Soldiers would have to supply their own weapon.

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• It was felt that each state would need a militia (note capital “S” in States) to protect itself from a strong national government.

• Historically speaking, governments that want to control their citizens, first take away the citizens’ Arms.

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• That was then, this is now:

• There are those who argue that each state today has a national guard.

• That the crime rate has escalated.

• That individuals weren’t guaranteed the right to bear arms.

• Many want gun control.

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Bill of Rights2nd Amendment Analysis• In 2005, 75% of the 10,100

homicides committed using firearms in the United States were committed using handguns, compared to 4% with rifles, and 5% with shotguns.

• In 2004, 36.5% of Americans reported having a gun in their home.

• In 2000 there were 23,237 accidental gunshot injuries in the US

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• There are those who say guns don’t kill people, people kill people.

• The NRA interprets the 2nd Amendment as saying individuals may have guns.

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Editorial Cartoons

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Editorial Cartoons (think Green Bay West…)

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Bill of Rights:The Third Amendment

• “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”

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Bill of Rights:The Third Amendment Analysis• During the

Revolutionary War, American troops suffered in the fields, while British troops forced themselves into homes of private citizens. Those who resisted were tried for treason.

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Bill of RightsThe 4th Amendment

• “The Right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

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Bill of RightsThe 4th Amendment Analysis

• Sometimes called the “search warrant” amendment.

• This protects our “private domain”

• “Probable cause”• Must include

description of the person(s), place(s), or things(s) to be searched and/or seized

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The 4th Amendment Today

• Elian Gonzalez – Did the government

overstep its bounds?

• Car Searches?• Internet

information?

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Infrared imaging of homes?Is it constitutional?

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Bill of RightsThe 5th Amendment

• “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

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Bill of RightsThe 5th Amendment Analysis

• The 5th Amendment contains several several provisionsprovisions which protect the rights of a person accused of a crime.

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5th Amendment Protections:• Person(s) must be formally accused

of a crime (indicted) by a grand jury.grand jury.

• Grand Jury - a group that hears evidence in a criminal case and decides whether there is enough evidence to bring the accused person to trial. “Habeas Corpus”

• Preliminary hearing is designed to protect us from being falsely accused by the government.

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5th Amendment Protections:• Self-IncriminationSelf-Incrimination - We do not have

to testify against ourselves. “Pleading the 5th” makes you look guilty though.

• Double JeopardyDouble Jeopardy - a person cannot be tried a second time for the same crime.

In movie, Judd serves ten years for killing husband. Released and finds him alive. If she kills him can she be tried again?

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5th Amendment Protections

• Due Process– No person may be denied life, liberty,or

property without due process of law.– This means that a person can be

punished for a crime only after receiving a fair trial.

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5th Amendment Protections:

• Final clause guarantees all Americans the right to private property. Government cannot take land for public use without paying for it. (I-43)

• Eminent Domain - government may take property if it proves it necessary in court.

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Sixth Amendment

• In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

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Sixth Amendment Analysis

• This Amendment is one of the most frequently violated amendments in today's society.

• Basically, the 6th Amendment states that in all criminal trials: – As defendants we have the right to

demand that a trial be held quickly.quickly.

• Why would we want this?

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– we have the right to demand that a trial be held publiclytrial be held publicly• Why would we want this?

– an unbiased juryunbiased jury be chosen (note this well) from the State and District from the State and District in which the crime was committed.in which the crime was committed.• Must have the 1st number in our zip code -

Federal district #. Ours is 5• Both sides narrow the field

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–We must be fully informedfully informed of the nature of the charges against us • What are the charges? • Why am I being charged? • Who is charging me?• What’s going to happen to me next?

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• The 6th Amendment also states that we have the right to right to face the people face the people who placed the who placed the chargescharges; – Does video

conferencing technology impact the 6th? - Waukesha, WI

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• and that as a Defendant we have the right to right to call witnessescall witnesses in our defense.

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• We also have the right to have an right to have an attorneyattorney-at-law (lawyer) assist us in making our defense.

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Applying the Sixth Amendment

• In the wake of 9/11 the Bush administration aggressively pursued those it believed were involved in terrorism.

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Applying the Sixth Amendment

Military tribunals for suspects often occur during these times/No counsel… and 2/3 can convict with death penalty. Is this against the 6th? Is it OK?

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Think About It:

• Should suspected terrorists be provided the same constitutional protections we provide US citizens?

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Seventh Amendment

• "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right right of trial by juryof trial by jury shall be preserved, and no fact tried by no fact tried by a jury, shall be otherwise re-a jury, shall be otherwise re-examined in any Courtexamined in any Court of the United States, than according to the rules of the common law."

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What’s the 7th Amendment mean?

• It means that in any civil case where the potential award is more than twenty (20) dollars, the person who stands to lose the money has the right to insist that their case be heard by a jury. Most use small claims court however.

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What’s the 7th Amendment mean?

• The 7th also says that if a jury of my peers makes a decision over my individual rights than their decision stands. I may not be tried at a higher level just because some may not have liked the decision of this lower court.

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A Modern 7th Amendment

• In any civil case where any award can exceed twenty dollars, the accused shall have the right to have a trial by jury; and no facts brought up during a jury trial shall be considered again unless the common law so states.

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Eighth Amendment

• "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

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Eighth Amendment

• BailBail is money that the accused gives to the government in order to stay out of jail so that an effective defense can be created.

• FinesFines are penalties that are imposed on the guilty party after the trial is concluded.

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Eighth Amendment Analysis• The eighth says that unusually large bail

or bonds may not be imposed on anyone accused nor shall unusually large fines be imposed on any convicted.– Can the courts hold a homeless

person in jail unless he pays a 1 million dollar bail?

– Is 1 million reasonable for Bill Gates?– Can police issue a 1 million fine for a

speeding ticket?

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Eighth Amendment

• But what is "excessive”? The Founding Fathers didn’t state this as they thought the local communities and individual States would be a better judge.

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Eighth Amendment Analysis

• Mitchell Rupe (WA) shot two bank tellers at point blank range during a bank robbery. He was found guilty and sentenced to be hanged.

• While on death row he ballooned from his normal weight of 275 up to 425 pounds.

• On the day of his hanging he claimed that he would be decapitated in the process, thus violating the constitutional ban against “cruel and unusual punishment.” The judge agreed and changed his sentence to life in prison.

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Eighth Amendment Analysis

• If you were the judge that had to interpret the Constitution, would you say that Rupe’s individual rights as described in the Eighth Amendment would be violated if he were hung?

• What would be your decision?

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Modern Eighth Amendment

• No excessive bail shall be imposed; nor shall excessive fines be set; and no cruelty, torture, or unusual punishments shall be administered.

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The Bill of Rights• Do we have any rights other than

those listed or did the Framers list them all?

• Do we have the Right to an Education?

• Should we expect Privacy in our Marriage?

• Should we have the Right of Choice? (what you do with your body)

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Ninth Amendment

• "The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.”

• Enumeration - “to list”

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Ninth Amendment

• One of the two most important Amendments to the Constitution.

• Basically, what the 9th Amendment means is, any Rights that were not specifically mentioned and/or written into the Constitution (and thus also the Bill of Rights) were still considered to be held by individual people at large.

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Ninth Amendment

• This means that even if one of the Natural RightsNatural Rights you were born with was never mentioned in either the Constitution or the Bill of Rights, then you still have that Right, and also that this Right cannot be watered down by contradictory laws and/or regulations.

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Tenth Amendment

• "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to are reserved to the Statesthe States respectively, or to or to the peoplethe people."

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Tenth Amendment

• Basically, what the 10th Amendment means is:– the powers not temporarily granted to the

federal government by the Constitution and/or the Bill of Rights, are still the property of the individual States

– in the case of those powers that were prohibited by the Constitution to the States, those powers were still the property of the people at large.

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Tenth Amendment

• Police powers (powers to police or to protect) are one of the more visible powers that everyone has naturally and that have been temporarily assigned to the federal government, State governments, and local governments.

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Tenth Amendment• Why is this?

– Because you have the right to protect your own property. If you had to do it yourself, you'd have to stand guard 24 hours a day on your property.

– So, in order to make a living, you wisely decide to temporarily assign the right to protect your property to the Local, State, and National governments.

– They create police departments to do this work. Note also that this does not remove those rights from you. You still have the right to protect your own property, despite your decision to temporarily assign those rights to the government.

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Summary

The Framers thought it wise to spell our our rights to further limit the natural tendency of every government to seize power from the people.

Good thinking Framers! Good thinking!

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The end! (Phew!)

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The Bill of Rights Another way we’ve limited the power of government in our lives. Adapted from...

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