The Bill of Rights A Brief History

1. The Bill of RightsA Brief History Social Studies Core-9 November 29, 2012

2. Thomas Jefferson • "[A] bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse."  (December 20, 1787) 

3. The U.S. Constitution • Summer 1787 • Delegates from 13 states meet / debate • Established structure of U.S. government • Limited Government: Division of Powers and Checks and Balances • Outlined what the government COULD do • Did not say what the governments COULD NOTdo • “Consent of the governed” = white males with property • Not ratified (approved) for four more years

4. What’s the Hold-up? • The absence of a “bill of rights” prevented the ratification of the Constitution • Federalists • Supported the Constitution as it created a stronger federal government • Viewed the bill of rights as unnecessary • Anti-federalists • Opposed the Constitution as they feared a too-powerful federal government • Refused to ratify the Constitution without a bill of rights • Debate lasted for four years before the Constitution was finally ratified by all states

5. The People Have Spoken • American citizens were the ultimate force behind the ratification of the Constitution • They wanted guarantees the government would not trample on their newly won rights and liberties • The Bill of Rights were inspired by Jefferson and written by James Madison • In 1791, the Constitution was ratified with the first ten amendments – The Bill of Rights - attached

6. Unalienable Rights • Liberty • Individuals have rights which no majority can take away • Unalienable Rights • Rights afforded to humans because they are human • The Bill of Rights was included to protect our “unalienable rights”

7. Unalienable Rights • Freedom of Religion • Freedom to exercise one’s religion, or no religion • Freedom of Speech, Press, Petition, and Assembly • Even unpopular expression is free from government suppression or censorship • Privacy • Free from unwarranted and unwanted government intrusion into personal and private affairs, documents, and possessions

8. Unalienable Rights • Due Process of Law • Right to be treated fairly by the government when loss of liberty or property is at stake • Equality before the law • Right to be treated equally before the law, regardless of social status

9. Who Will Enforce the Bill of Rights? • Assumed: The Federal Judiciary • Not expressed in the Constitution • Marbury v. Madison (1803) • U.S. Supreme Court nullifies an act of Congress • First use of judicial review • Establishes the Supreme Court as protector of American citizens’ rights and liberties

10. American Rights (only on paper) • Despite its power to do so, the Supreme Court rarely heard cases concerning individuals’ rights and liberties • U.S. society, and government, largely ignored the Bill of Rights • At the beginning of the 20th Century: • Racial segregation was legal and widespread • Gender discrimination was common • Workers arrested for protesting • Legal immigrants deported for political beliefs • Use of physical coercion to extract confessions • Minority religions persecuted

11. Liberty and Justice For [Some] • Women • Treated as second-class citizens • Considered property of their fathers / husbands • 19th Amendment (1920): Women’s suffrage • Native Americans • Considered aliens (non-American) • Governed under treaties rather than U.S. law • Stripped of land and autonomy • Given citizenship in 1926

12. American Rights (only on paper) • African Americans • For 78 years, Constitution protected slavery • Governed by “slave codes” • “Blacks had no rights which the white man was bound to respect.” - Supreme Court Opinion • 13th Amendment (1865) – Abolish Slavery • 14th Amendment (1868) – Right to due process and equality under the law • 15th Amendment (1870) – Right to vote • Would be another 100 years before these rights were enforced

13. The Bill of Rights Social Studies Core-9 December 4, 2012

14. Agenda • Collect Achieve #7 (Who’s Right in Wisconsin?) • (Briefly) Discuss Bill of Rights & illustrations • America Without the Bill of Rights • The First Amendment, in detail

15. 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 Speech • Freedom of Press • Freedom of Assembly • Freedom of Petition

16. First Amendment

17. 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.

18. 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.

19. The 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.

20. The Fifth Amendment • No person shall be held to answer for a 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. • Prohibition of Double Jeopardy • Prohibition of Self-Incrimination

21. The 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 wherein 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 defence. • Right to a speedy trial • Right to a trial by a jury of peers • Right to be informed of the charges • Right to confront accusers • Right to counsel

22. The 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. • Guarantees a jury trial in federal civil cases • Not normally heard by federal courts, today

23. The Eighth Amendmend • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

24. The Ninth & Tenth Amendment • The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. • Guarantees protection of citizens rights, even those not listed • 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. • Establishes a system of federalism in the United States

25. The Fourteenth Amendment • Section 1.All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. • Equal Protection Amendment • Rights/Liberties protected under state law as well as federal

26. The Bill of Rights • Can be split into two groups: • Civil Liberties • Amendments 1-4 • Protect our freedoms • Rights of the Accused • Amendments 5-8 • Guarantee our rights are protected even when accused of wrong-doing

27. America Without the Bill of Rights • As you watch the film, keep a list rights/liberties that have been violated. • Attempt to match them to an amendment in the Bill of Rights • http://www.viddler.com/v/8e1f154e

28. Assignment • Read Section 2 or Section 3 and complete the corresponding reading guide • On Wednesday, YOU will be responsible for teaching a fellow classmate about your section. • Failure to complete this assignment will result in a 0 in the grade-book

29. The Bill of Rights Social Studies Core-9 December 6, 2012

30. Agenda • Achieve Reminder • Return Quizzes • First Amendment Jigsaw / Discussion • Key First Amendment Court Cases

31. Agenda • Achieve Reminder • Return Quizzes • Illustrate / Present Key Cases • Life Without Rights for the Accused • Bill of Rights Scenarios

32. Rights of the Accused • Which rights was Johnny Q. Public denied?

33. Bill of Rights Scenarios • For the following scenarios, determine which rights are being violated – if any – and which amendment they belong to. • You are at home watching TV when someone knocks on your door. Before you answer, the police burst into your home and begin to look through your things. When you ask what they are doing, they tell you that someone has accused you of doing something illegal and they are looking for evidence. When they are done, they take boxes of your things away. • Right: Amendment:

34. Scenario 1 • During a time of peace, a few soldiers from the army come into your home and announce they are going to stay in your home for a week and you must give them a bed and feed them.  • Right: Amendment:

35. Scenario 2 • Scenario Two: You have been accused of robbing a bank. You go through a trial and are found not guilty. Five years later, with new technology, there is new evidence against you. You are notified that next week a new trial will be held against you for the bank robbery • Right: Amendment:

36. Scenario 3 • You are very involved in your religion. Every Thursday, you attend services in a building that was built from donations and is on your own private property. The city decides to enact a law that forbids you and your members from worshipping at your building or anywhere. • Right: Amendment:

37. Scenario 4 • You are convicted of a minor traffic violation, but instead of paying a small fine, they revoke your license for life. There is no way for you to ever get it back. • Right: Amendment:

38. Scenario 5 • You are accused of a crime, but no one will tell you what it is. You are immediately arrested, convicted, and put in jail for four years. You are never told what your crime was or who accused you.  • Right: Amendment:

39. The Bill of Rights Social Studies Core-9 December 10, 2012

40. Remember December 7, 1941

41. Agenda Learning Target: Students will know and understand the landmark cases which have shaped their freedoms in America • Achieves • Return Quizzes • Rights & Liberties Refresher • Discuss Supreme Court Cases • 10 Court Cases Every Teen Should Know

42. Rights Refresher • In the packet entitled “Fundamental Rights” turn to the back of the front page • Read through the Bill of Rights and UNDERLINE the rights and liberties protected under each amendment. • What are amendments 1-4 referred to as? • What are amendments 5-8 referred to as?

43. First Amendment Cases • Religion • Engel v. Vitale, 370 U.S. 421 (1962) • Speech • Bethel School Dist. No. 403 v. Fraser, 478 U.S. 675 (1986) • Press • Board of Education, Island Trees Union Free School District No. 26 v. Pico, 457 U.S. 853 (1982)

44. The Bill of Rights Social Studies Core-9 December 12, 2012

45. Agenda • Achieves?? • Present / Discuss “10 Court Cases Every Teen Should Know” • Rights Violation Activity Learning Target: Students will know and understand the landmark cases which have shaped their freedoms in America

46. 10 Cases Every Teen Should Know • In your groups, determine how you will present the information to the class • Tell us: • Title of Case • Issue (Right or Liberty) & Amendment • Does the Court’s ruling protect or limit? • How?

47. QUIZ ON FRIDAY! Will cover: Rights/Liberties and their AMENDMENTS

48. Bill of Rights Scenarios • For the following scenarios, determine which rights are being violated – if any – and which amendment they belong to. • You are at home watching TV when someone knocks on your door. Before you answer, the police burst into your home and begin to look through your things. When you ask what they are doing, they tell you that someone has accused you of doing something illegal and they are looking for evidence. When they are done, they take boxes of your things away. • Right: Amendment:

49. Scenario 1 • During a time of peace, a few soldiers from the army come into your home and announce they are going to stay in your home for a week and you must give them a bed and feed them.  • Right: Amendment:

50. Scenario 2 • Scenario Two: You have been accused of robbing a bank. You go through a trial and are found not guilty. Five years later, with new technology, there is new evidence against you. You are notified that next week a new trial will be held against you for the bank robbery • Right: Amendment: