Social+Studies

The Bill of Rights Introduction: The Bills Of Rights are 10 amendments in the Constitution that protect U.S. citizens’ individual liberties. James Madison, a Federalist, promised that a bill of rights would be added to the Constitution during ratification in 1788. Madison presented a short list of amendments to the House of Representatives and of this list 12 were approved. The states ratified 12 which took effect on December 15, 1791. Protecting individual liberties is important in a representative democracy because without safeguards people’s rights would not always be protected because of ** majority rule **. This is the idea that the greatest number of people in society can make policies for everyone. The Bill of Rights protects the minority by making sure that the rights of all citizens are protected. ** Directions **: Fill out this worksheet as we go through each amendment. 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 peaceably to assemble, and to petition the Government for a redress of grievances. **   1. Freedom of Speech A. The nation may not have an official religion 2. Freedom of Press B. People may voice their opinions about the government 3. Freedom of Religion C. American may present petitions to the government 4. Freedom of Assembly D. The government cannot tell newspapers what to print 5. Freedom of Petition E. People can hold peaceful demonstrations 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. **   What basic right does the Second Amendment protect? 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. **   This Amendment prevents the military from forcing citizens to house soldiers. Fourth 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. **   How does a search warrant protect Americans and their property? Fifth Amendment ** No person shall be held to answer for any 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. **  **  Rights of the Accused  ** ** Property Rights   ** 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 where in 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.**  § Guarantees a speedy __________________ trial  § The right for the __________________ to know the charges against them  § The right to question ________________.  § The right to an ___________. Seventh Amendment ** In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. **   Juries can decide civil cases. It is not the same as a criminal case.  – Ex. Someone sues someone else because they refuse to pay a debt Eighth Amendment ** Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. **  § Bail is a set amount of money that a defendant promises to pay the court if they fail to appear at the proper time.  § Courts are not allowed to set impose an excessive bail, but if the person is considered dangerous to the public they can be denied bail  § Also cruel and unusual punishment may not be used against a person convicted of a crime.  **  Remember that the Fifth, Sixth, Seventh and Eighth Amendments provide guidelines for protecting the rights of the accused. **  Ninth Amendment ** The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. **   The rights listed in the Constitution are the only rights that the citizens have. Tenth 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. **   Please Explain-
 * Due process- This means that the law must be _______________ applied
 * Indict- ______________ accuse a person
 * Double Jeopardy- a person cannot be tried for the same crime ________________
 * Eminent Domain- the governments power to seize personal property to benefit the public