Understanding the Bill of Rights. The First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise.

Understanding the 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 peaceably to assemble, and to petition the government for a redress of grievances.

Freedom of religion

Freedom of speechFreedom of the press

The right to meet peacefully, and write petitions

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.

Freedom to have and be protected by a military of the people, and the right to bear arms (carry weapons).

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.

When the country is not at war, you cannot be forced to house or care for a soldier in your home.

The Fourth Amendment:

The right of the people to be secure … against unreasonable searches and seizures… but upon probable cause… and particularly describing the place to be searched, and the persons or things to be seized.

The government is not allowed to search your home, your property, or you, without a good reason or without a warrant.

The Fifth Amendment:

No person shall be held … for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury… nor shall any person be subject for the same offense to be twice … 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; …

•Right to “Due Process” and no “Double Jeopardy”.

•can only be tried if you are indicted by a jury

•can’t be charged with the same crime twice.

•can’t witness/testify against yourself

•must be told of your rights (the Miranda Rights).

The Sixth Amendment:

… the accused shall enjoy the right to a speedy … trial, by an impartial jury of the State and district wherein the crime shall have been committed, …, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to … obtaining witnesses in his favor, and to have the … Counsel for his defense.

•right to a speedy trial by a jury of citizens

• right to a lawyer

• right to confront witnesses to the crime

• right to know with what crime you have been accused

The Seventh Amendment:

In suits of 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 reexamined in any court of the United States, than according to the rules of the common law.

The right to a civil (not a criminal) trial if the matter is regarding at least $20 (now $300) dollars.

The Eighth Amendment:

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

The right to a reasonable bail, and the protection from cruel and unusual punishment. Let the punishment fit the crime.

The Ninth Amendment:

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

The right to “basic human rights”. The Bill of Rights is not meant to list the ONLY rights that the people have.

The 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.

All rights not stated in the Constitution are reserved for the States, or the People.

Something to consider...

At one point the Bill of Rights consisted of 17 amendments. After much debate and discussion, this document was revised and approved with 10 amendments.

One can only image the challenge of determining the most imperative items!

Taking on the Challenge...

Considering what you value most about your individual freedoms, select 5 of the ten amendments of the Bill of Rights that you feel are more critical to a balanced democracy than others.

Develop a substantive argument for why each of the 5 you have chosen is critical to the protection of individual freedoms in present society.

A Further Challenge...

Consider one issue that may impact a person’s perspective on which amendments are more critical than others. (For example, war, religion, gender, finances, family composition, etc.)

Looking through the lens of only that one issue, select 5 amendments again.

Reflect on any changes in your responses…

•Iraq

•The Philippines

•South Africa

Or, read about the current debates for a Bill of Rights in Australia. Did you know they didn’t have one?

Think globally!

Click on the links below to discover the individual rights protected by other countries.