Official 2016 7B Constitution Study Guide and Guided Notes #5 The Bill of Rights and Other Important Amendments

Ratification of the Constitution: Requirements

• Before the Constitution could become the law of the land in the United States, it would need to be ratified by two-

thirds of the states or _____________ out of the _____________ original states.

• The first two major political parties of the United States, the Federalists and the Anti-Federalists, would need to

__________________ in order to get the Constitution ratified. The Bill of Rights was the heart of that compromise.

Federalists vs. Anti-Federalists

• Federalists

o _________________________________________. Wanted a strong national government.

o The Federalists supported the Constitution as it was. After all, it was decided upon by representatives from

each state.

o The Federalists pointed out that the Constitution had ____________________________ or abuse of power:

! Separation of power between the state and federal governments (federalism)

! Separation of power between the three branches of government

! Checks and balances between the three branches of government

! Balance between equal and proportional representation to ensure that small states would have a say

in government

o The Federalists wrote the “Federalist Papers” to encourage states to approve the Constitution.

• Anti-Federalists

o __________________________________________. Wanted a weak national government. Feared that a

strong national government would threaten people’s rights.

o They argued that states should have more power because they were closer to the people. What could a

national government possibly know about state and city problems?

o Also, the Anti-Federalists were very unhappy that there was no Bill of Rights – nothing to guarantee

individual freedoms and rights.

o Those opposed set out to campaign against the Constitution, arguing that it would create a government with

so much power, it would just be like having a king again.

• How did they compromise?

o Both sides (the Federalists and the Anti-Federalists) tried to convince people their side was correct in essays

printed in newspapers (primarily in New York and Virginia).

o After great debate, all thirteen states finally ratified the Constitution. Several states ratified the Constitution

only on the ______________________ that a _________________________________ protecting

individuals from a possibly abusive government would be added to the Constitution as soon as possible.

o The Bill of Rights consists of the ____________________________ of the Constitution. The Bill of Rights

was ratified and became part of the Constitution in 1791, three years after the Constitution became effective.

The First Amendment guarantees freedom of religion, speech, the press, assembly,

and petition. This means that we all have the following rights:

• to have a government that does not promote one religion over others

(Establishment Clause)

• to practice any ___________________ freely (Free Exercise Clause)

• to _____________________________

• to ________________________ (meet)

• to address the government (__________________________)

• to publish newspapers, TV, radio, Internet (__________________)

The Second Amendment protects the ______________________________, which

includes the right to own a gun.

The Third Amendment guarantees the ________________________________ in

homes. This means that we cannot be forced to house and feed soldiers.

The Fourth Amendment protects the people from ___________________________

______________________________________.

Police must show __________________________________ (good reason) for a

search and they must explain that good reason to a judge and get a ________________

to enter our homes to search for evidence. Also, the government cannot take our

property, papers, or us, without a valid warrant based on probable cause (good reason).

The Fifth Amendment guarantees people accused of a crime certain rights:

• the right to a ______________________ (you can’t be held for committing a

crime unless you are properly accused)

• the right not to be tried twice for the same crime (______________________)

• the right not to testify against yourself (______________________________)

• the right not to be deprived of life, liberty, or property without ____________

__________________________ of law

• the right to receive just compensation if the government takes your property

(___________________________________)

The Sixth Amendment guarantees the right to the following:

• A _________________ (you can’t be kept in jail for over a year without a trial)

• An ______________________ (people that don’t already think you are guilty)

• The right to ___________________________________ testifying against you

• The right to have a ______________________________

The Seventh Amendment guarantees the right to a ___________________________

__________________________________.

• A civil trial differs from a criminal trial. A civil trial is when someone sues

someone else over a disagreement (usually about money). A criminal trial is

when the state tries to convict someone of a crime.

The Eighth Amendment protects against the following:

• _______________________________________ (money required to secure

an accused person’s release while awaiting trial)

• ____________________________________________________

Under the 9th Amendment, rights not stated in the Constitution and not forbidden by

the Constitution are still ___________________________________. This means

that you can’t assume that people DON’T have rights if they are not expressly listed in

the Bill of Rights – it is not to be regarded as a complete list of rights.

The 10th Amendment states that any power not granted to the federal government

belongs to the ________________________ or to the ________________________.

Other Amendments to the Constitution

• To date, there have been _________________________________________________ to the Constitution.

• Several amendments extended the right to vote to different segments of society, including former slaves (14th

Amendment) and women (19th Amendment). After the ____________________________________, the voting

age was lowered from _________________________ by the 26th Amendment, in recognition of the fact that a

citizen who is old enough to fight for his or her country should also have the right to vote in an election.