The Bill of Rights

The first 10 amendments + All the Rest

To the U. S. Constitution

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reserved.

A System of Checks and Balances

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reserved.

Methods for Proposing and Ratifying Amendments

© 2009 The McGraw-Hill Companies, Inc. All rights

reserved.

Recent Unsuccessful Attempts to Amend the Constitution

Who determines what the Bill of Rights mean?

The Supreme Court makes rulings on the meaningThe Supreme Court balances the rights of the

individual with the needs of society

Individual?? Society??

© 2009 The McGraw-Hill Companies, Inc. All rights

reserved.

Freedoms Guaranteed by the Bill of Rights

The 1st amendment “5 rights”

Freedom of SpeechFreedom of Religion Freedom of the PressFreedom of AssemblyRight to petition the

government

Freedom of Religion

“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of”

Two clauses:

Establishment clause - Ex . Church, Temple

Free Exercise clause - Free speech.

Establishment and free exercise clause often conflict with each other

In schools, the religion issue is most prevalent

Establishment Clause—Government cannot promote religion

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

Free exercise of religion

Free Exercise—The personCan 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 religious belief

Raise children without education

Deprave children of basic needs

Freedom of speech

“Congress shall make no laws . . . abridging the freedom of speech”

Free speech– The individual can:Say any political beliefProtest (without getting out of control)Say things about someone that are trueBurn the flagSay racist and hate slogansFree speech means someone might say something

you disagree with

Free speech—limits on the person

Threaten to blow up airplanes, schools or the president

Sexual harassmentCreate too much social chaosExtremely crude language in a public formDisrespectful, vulgar language in schoolsHate crimes

Freedom of the press

Congress shall make no law . . . abridging . . . the freedom of the press.”

Freedom of the press-the pressCan 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

Freedom of Assembly

Congress shall make no law . . . Abridging . . . The people to peaceably assemble”

Freedom of Assembly--IndividualCan Cannot

Protest Parade (with a permit)Parade chanting hate

slogansGang members can

congregate in public

Protest by throwing rocks and breaking windows

Hang out on private land against owners will—loitering

Teen curfew

Petition the Government

“Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”

Petition the government

You may sue the government for wrongsYou cannot be punished for exposing wrongs by

the governmentThe courts decide the wrongs

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.”

State MilitiaCitizens Rights

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?

Gun debate continued

Thousands of people die every year because of guns

Thousands of crimes are prevented because of guns

Shoes representing gun deaths.

3rd AmendmentThe Government

cannot force you to shelter soldiers in your home without your consent in time of war or peace.

Housing of Soldiers

Rights of the Accused Amendments #4-8

Important to preserve freedom

4th Amendment

What does a policeman need in order to search your home? A warrant given to

him by a judge Probable cause is also

needed

5th Amendment

You cannot be tried for the same crime twice—called “Double Jeopardy”

You do not have to testify against your self. “I plead the fifth”

You must have due process of law before you are convicted

Eminent Domain: Governments right to take property for public use. The government cannot take your land unless it pays.

6th Amendment

Right to speedy trial by impartial jury—meaning not favoring either side

6th Amendment continued

You must be told of charges

You must be provided a lawyer if you cannot afford one

7th Amendment – Trial by jury in civil cases

Jury Trial over $20.00Right to a public trial

8th Amendment

Prisoner kissing his Mom in prison

• Excessive Bail or Punishment not allowed

• Ban on “cruel and unusual punishment“

• Death Penalty – Is it Cruel and Unusual?• Gregg v. Georgia

(1976)• Roper v. Simons

(2005)

9th Amendment – Rights of People

Rights not mentioned in Constitution belong to the people

Do you have the right to privacy?

10th Amendment

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

“Powers not given to the national government nor denied to the state belong to the state.”

11th Amendmentcan only sue a

state in state court

12th AmendmentElectors vote

for President & Vice President together!

Civil War Amendments (13-15)

Amendment 13

Freed the slaves

“One-Three, I won’t work for free.”

Amendment 14

Granted citizenship to blacks

Provided “equal protection under the law” to all citizens

Amendment 15

Black men get the right to vote (suffrage)

Amendment 16

Congress can levy income taxes

“Because of sixteen, my paycheck got lean.”

Amendment 17

Senators will be elected by popular vote (directly by the people)

Previously, senators were elected by the state legislature

Amendment 18

Alcohol is outlawed Became illegal to

buy, sell, manufacture, and consume alcoholic beverages

Officially called “Prohibition”

Amendment 19 (1920)

Women get the right to vote (suffrage)

20th Amendment

President takes office (inaugurated) on January 20th & ends “lame duck” Presidents

Congress begins the year’s meetings on January 3rd

Amendment 21

Prohibition is repealed

“At 18 I was sober, at 21 I got drunk”

Amendment 22 President is

limited to two full terms in office

Twenty-TwoW EO R

M S

Amendment 23

Residents of Washington D.C. get to vote for president

“Twenty-Three, votes for D.C.”

“Twenty-Third, D.C. is heard.”

Amendment 24

Poll taxes are outlawed

“Twenty-Four, poll taxes no more.”

Amendment 25Succession of the president

SECTION 1. In case of the removal of the President from

office or of his death or resignation, the Vice President shall become President.

SECTION 2. Whenever there is a vacancy in the office of the

Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Amendment 26

Voting age is reduced to age 18

Amendment 27

Congressional pay raises will be delayed until the start of the new term

Purpose—prevents Congress from giving themselves excessive pay raises

The End

14th AmendmentDefines citizenshipPromises all citizens “equal protection

under the law”Gets rid of the 3/5 Compromise

15th AmendmentCan’t be denied the right to vote b/c of race,

color or if you have been a slaveAfrican-American men can vote

16th AmendmentIncome tax

17th AmendmentPeople vote directly for senators

18th AmendmentProhibition – no alcohol

19th AmendmentWomen can vote

20th AmendmentPresident takes office (inaugurated) on January

20th & ends “lame duck” PresidentsCongress begins the year’s meetings on January

3rd

21st AmendmentRepeals (gets rid of) Prohibition (18th Amendment)

22nd AmendmentPresident can only serve 2 terms

23rd AmendmentWashington, D.C. can vote for President

24th AmendmentBans the poll tax

25th AmendmentIf President dies or resigns, the V.P. becomes

PresidentIf the V.P.’s office is empty, the President can

pick another; Congress must approve him

26th AmendmentVoting age changed from 21 to 18

27th AmendmentCongress’s pay raises won’t go into affect until

after the next election

Amendment XI - Judicial power of United States not to extend to suits against a state.

The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign state.

The 11th Amendment to the Constitution proposed in 1794 and ratified 339 days later, became effective in January 1798. It limits federal court jurisdiction by providing that the citizens of one state cannot bring suit in federal court against the government of another state except by its consent, nor can the subjects of any foreign country. This limitation was extended later by the Supreme Court to include suits against a state by its own citizens or by a foreign state. This amendment, provoked by the Supreme Court's decision in Chisholm v. Georgia (1793), reversed the part of Article III, Section 2 of the Constitution, which extended federal jurisdiction to such actions.

The amendment, however, places this constraint only upon the power to bring "any suit in law or equity, commenced or prosecuted"; it is not a constraint upon the power of federal judicial review; that is, it does not restrict the rights of individuals to appeal a decision from the highest court of any state to the U.S. Supreme Court in cases involving federal laws or constitutional issues. Moreover, officers of a state may not use the amendment for protection against suits on grounds of individual performance.

(The proposed amendment was sent to the states Mar. 5, 1794, by the Third Congress. It was ratified Feb. 7, 1795

- The electors shall meet in their respective states, and vote by ballot for President and Vice President, one of whom, at least,

shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.

(The proposed amendment was sent to the states Dec. 12, 1803, by the Eighth Congress. It was ratified July 27, 1804.) [1. Amended by the 20th Amendment, Sections 3 and 4.

Amendment XII – Mode of electing President and Vice president by electors.

Five Rights in the Amendment

Freedom of ReligionFreedom of speechFreedom of the pressFreedom of AssemblyPetition the government