SSS The Bill of Rights

The Bill of Rights

What is the Constitution?

What are amendments?

What are the Bill of Rights?

1. The Bill of Rights

are the First Ten Amendments to the United States Constitution

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I refuse to sign the Constitution!

Who was this delegate to the Constitutional Convention?Why did he refuse to sign the Constitution?

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Meet George Mason.

Delegate to the Constitutional Convention

Writer of the 1776 Virginia Declaration of Rights

Leader of Virginia Colony

http://research.history.org/pf/images/people/georgeMason.jpg

The Constitution had no Bill of Rights!!Why did I refuse to sign the Constitution?

2. In June 1776, George Mason wrote the Declaration of Rights. This document influenced Thomas Jefferson.

3. Jefferson agreed that the Constitution should have a Bill of Rights.

Yes, the Constitution needs a Bill of Rights.

http://www.ng.mil/resources/photo_gallery/presidential/madison.html

James Madison thought so, too.

Mason’s ideas influenced Madison.

4. James Madison wrote the first ten amendments to the Constitution. In 1791, Congress ratified the amendments.

Today, we call those ten amendments the Bill of Rights.

Later, Madison became the 4th US President.

James Madison Presents the Bill of Rights to the First Congress. Bill of Rights Day, December 15th

http://score.rims.k12.ca.us/score_lessons/special_events/bill_rights_day/

5. The First Amendment lists five rights:

• Freedom of speech.• Freedom of religion.• Freedom of the press.• Freedom of assembly.• Right to petition the government.

Freedom of Speech

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

Free speech Individuals may…

…say any political belief.

...protest (politely).

…say things about someone that are true.

…burn the flag.

…say racist and hate slogans.

Free speech means someone might say something you disagree with.

Free SpeechPeople may not…

…threaten to blow up airplanes, schools or the president.

…sexually harass anyone.

…create too much social chaos.

…use extremely crude language in public.

…use disrespectful, vulgar language in schools.

…perform hate crimes.

The Bill of Rights

In 1965, 13-year old Mary Beth Tinker and her 15-year old brother John wore black armbands to school in Des Moines, Iowa.

They wanted to show their mourning for people killed in the Vietnam War and their support for a truce at Christmas.

Mary Beth, an eighth grade student at Harding Jr. High School was promptly suspended by her principal, who said no black armbands would be allowed.

Case Study onthe First Amendment Freedom of Speech: Tinker v. Des Moines

Freedom of Religion

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

Two clauses:• Establishment clause• Free Exercise clause

Establishment Clause:Government cannot promote religion.

Establishment ClauseGovernment may… Government may not…

• …teach about religions in school.

• …allow voluntary prayer.• …transport students to a

religious school.• …read Bible for culture or as

literature.

• …set a state religion. • … order students to pray.• …teach religious belief in class.• …pay religion teachers.• …teach creationism.

Free Exercise Clause

Free Exercise ClauseCitizens may…• choose their religion.• lead prayers.• ask questions about religions. • worship however they want.

• …break the law for religious belief.

• …raise children without education.

• ...deprive children of basic needs because of religious ideas.

Citizens may not…

Establishment clause. Free exercise clause. Conflicts happen.

Religion is a common problem in schools. Example: A student raises his hand and asks, “Teacher, may we say a prayer before this test?”

Yes No

If the teacher says

…it seems that the school prohibits free exercise of religion.

If the teacher says

…it seems that the school establishes religion.

Freedom of the Press

Congress shall make no law . . . abridging

. . . the freedom of the press.”

Freedom of the pressThe press may…

• …print any political opinion.• …make fun of people, especially politicians• …expose wrongs by the government.• …say things you might not agree with.

The press may not…• …libel– intentionally injuring a person’s reputation by false

facts.• …disclose security secrets.• …disclose how to make certain weapons.

The Bill of Rights

1st Amendment:

Thomas Jefferson on the Freedom of the Press

…were it left to me to decide whether we should have a

government without newspapers or newspapers

without a government, I should not hesitate a moment

to prefer the latter…--Thomas Jefferson to Edward Carrington, 1787.

Our citizens may be deceived for awhile, and have been deceived; but as long as the presses can be protected, we may trust to them for light.--Thomas Jefferson to Archibald Stuart, 1799.

Freedom of Assembly

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

Freedom of AssemblyCitizens may…

…protest.…parade (with a permit).…parade chanting hate slogans.…meet in public wearing gang colors.

Citizens may not……protest by throwing rocks and breaking windows…hang out on private land against owners wishes. (loitering).

…stay out late at night. (Teens must obey curfews.)

The Bill of Rights

1st Amendment:

• freedom of assembly

Handbill advertising a rally of the Association of Carolina Klans 

Petition the Government

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

The Bill of Rights

1st Amendment:

• freedom of petition

Petition the government

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

government.• The courts decide the wrongs.

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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.”

6. Gun debate

• Thousands of people die every year because of guns.

• Thousands of crimes are prevented because of guns.

Shoes representing gun deaths.

Gun debate

2nd Amendment:

The Bill of Rights

• right to bear arms

2nd Amendment:

The Bill of Rights

• right to bear arms

2nd Amendment:

The Bill of Rights

• right to bear arms

What is the conflict about 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?

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7. Third Amendment

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

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8. Rights of the Accused, Amendments Four, Five, Six, Seven and Eight

Important to Preserve Freedom

http://www2.fbi.gov/publications/leb/2007/march2007/march2007leb.htm

http://www2.fbi.gov/publications/leb/2007/march2007/march2007leb.htm

http://www.abanet.org/publiced/youth/sia/cartoons/constitution2.html

http://www.hightowerlowdown.org/node/835

Fourth Amendment

What does a policeman need in order to search your home? • A warrant given to him by a judge • Probable cause (reason)

http://www.slate.com/id/2143983/

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Fifth Amendment

• You cannot be tried for the same crime twice ( “Double Jeopardy”).

Fifth Amendment

• You cannot be tried for the same crime twice ( “Double Jeopardy”).

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

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Fifth Amendment

• You cannot be tried for the same crime twice ( “Double Jeopardy”).

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

"I plead the Fifth ...

Fifth Amendment

• You cannot be tried for the same crime twice ( “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.

Fifth Amendment: Courts must follow a process

Fifth Amendment

• You cannot be tried for the same crime twice ( “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.

Fifth Amendment

• You cannot be tried for the same crime twice ( “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.

• The government cannot take your land unless it pays.

http://www.stus.com/stus-category.php?cat=CAS&sub=CUU

Do you know the song, ‘This Land Is Your Land, this Land is My Land’? The Supreme Court says it’s really my land.

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9. Sixth Amendment

You must be told of charges

You must be provided a lawyer if you cannot afford one

10. Sixth Amendment

Right to speedy trial by impartial jury.

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Eighth Amendment

• No excessive bail• No cruel and unusual

punishment

Prisoner kissing his Mom in prison

No excessive bail

Bail = money you pay to stay out of jail.

If you show up at court, you get the money back.

If you run away, the court holds the money. (…and you get a more serious punishment.)

11. Eighth Amendment No excessive bail

Eighth Amendment No excessive bail

http://www.gimmejustice.com/8th-amen.php

Bail money

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Eighth Amendment No cruel and unusual punishment

Eighth Amendment No cruel and unusual punishment

Cruel and unusual punishment? Shoplifters are forced to wear I am a thief signs. http://www.dailymail.co.uk/news/article-453210/Judge-orders-shoplifters-wear-Im-thief-signs.html#ixzz1DTOqsyrf

Eighth Amendment No cruel and unusual punishment

American soldiers were punished for abusing prisoners in Iraq.http://crooksandliars.com/nicole-belle/new-yorker-magazine-buries-major-abu

Prisoner kissing his Mom in prison

Eighth Amendment No cruel and unusual punishment

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Eighth Amendment No cruel and unusual punishment

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Eighth Amendment No cruel and unusual punishment

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Eighth Amendment No cruel and unusual punishment

12. Is the death penalty cruel and unusual punishment?

http://greatdebate2008.wikispaces.com/Death+Penalty

Eighth Amendment No cruel and unusual punishment

Yes! No!

Like gun rights, many Americans argue about the death penalty.

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9

• The 9th Amendment means that the rights

that are enumerated cannot infringe upon

rights that are not listed in the

Constitution.

Leaders did not write every right in the Constitution, but we still have those rights.

The government cannot take away our rights.

We have many human rights.

There are too many to write each one.

13. Eighth Amendment The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

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C j T sry

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Marriage age? Driving license age?

State taxes?Medical marijuana?

If it is not in the Constitution, states make their own decisions.

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http://www.abanet.org/publiced/youth/sia/cartoons/constitution2.html

Who decides what the Bill of Rights mean?

• The Supreme Court makes rulings on the meaning• The Supreme Court balances the rights of the individual

with the needs of society

Individual?? Society??

Individual Society

14. The Supreme Court decides what each right means.

The Supreme Court must balance the rights of the individual

with the needs of society.

Individual Society

14. The Supreme Court decides what each right means.

The Supreme Court must balance the rights of the individual

with the needs of society.

Individual Society

14. The Supreme Court decides what each right means.

The Supreme Court must balance the rights of the individual

with the needs of society.

Individual Society

14. The Supreme Court decides what each right means.

The Supreme Court must balance the rights of the individual

with the needs of society.

Individual Society

14. The Supreme Court decides what each right means.

The Supreme Court must balance the rights of the individual

with the needs of society.

Who decides what the Bill of Rights mean?http://www.abanet.org/publiced/youth/sia/cartoons/constitution2.html

What is the Constitution?

What are amendments?

What are the Bill of Rights?

1st Amendment Freedom of religion, speech, press, assembly

2nd Amendment The right to bear arms

3rd Amendment Quartering troops

4th Amendment Searches and seizures

5th Amendment Rights of accused persons

6th Amendment Right to a speedy and fair trial

7th Amendment Civil suits

8th Amendment Bail and punishment

9th Amendment Powers reserved to the people

10th Amendment Powers reserved to the states

1st Amendment Freedom of religion, speech, press, assembly

2nd Amendment The right to bear arms

3rd Amendment Quartering troops

4th Amendment Searches and seizures

5th Amendment Rights of accused persons

6th Amendment Right to a speedy and fair trial

7th Amendment Civil suits

8th Amendment Bail and punishment

9th Amendment Powers reserved to the people

10th Amendment Powers reserved to the states