Topic: Historical Documents

1. Topic: Historical Documents Some documents in American history have considerable importance for the development of the nation. Students use historical thinking to examine key documents which form the basis for the United States of America.

2. Historical Document #5: The Bill of Rights Content Statement: The Bill of Rights is derived from English law, ideas of the Enlightenment, the experiences of the American colonists, early experiences of self-government and the national debate over the ratification of the Constitution of the United States. Expectations for Learning: Cite evidence for historical precedents to the rights incorporated in the Bill of Rights.

3. Historical Document #5: The Bill of Rights Content Elaborations: The Bill of Rights to the Constitution of the United States is derived from several sources. These range from the English heritage of the United States to the debates over the ratification of the Constitution. English sources for the Bill of Rights include the Magna Carta (1215) and the Bill of Rights of 1689. The Magna Carta marked a step toward constitutional protection of rights and recognized trial by jury. The English Bill of Rights affirmed many rights including the right to habeas corpus and it protected against cruel punishments. Enlightenment ideas about natural rights of life, liberty and property were becoming widespread as American colonists were experiencing what they saw as infringements upon their rights. The Quartering Act of 1765 was seen as an infringement on property rights. The Massachusetts Government Act placed severe limitations on the colonists’ ability to assemble in their town meetings. The Enlightenment ideas and British policies became focal points of the Declaration of Independence in 1776. As the American people began to govern themselves, they incorporated individual rights in governing documents. The Virginia Declaration of Rights (1776) included protections for the press, religious exercise and the accused. Other colonies also included individual rights as part of their constitutions. The national government, under the Articles of Confederation, enacted the Northwest Ordinance of 1787, which provided for religious liberty, due process, protections for the accused and property rights. One of the key issues in the debate over the ratification of the Constitution concerned individual rights. The strength of Anti-Federalist arguments that the original Constitution did not contain adequate protections for individual rights led to the introduction in the First Congress of nine amendments devoted to rights of individuals.

5. The Bill of RightsThe first 10 Amendments which grant us our personal freedoms as citizens

6. 1st Amendment • The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. • This means that we all have the right to: • practice any religion we want to • to speak freely • to assemble (meet) • to address the government (petition) • to publish newspapers, TV, radio, Internet (press)

8. 2nd Amendment • The 2nd Amendment protects the right to bear arms, which means the right to own a gun.

9. 3rd Amendment • The 3rd Amendment says “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 means that we cannot be forced to house or quarter soldiers.

10. 4th Amendment • The 4th Amendment protects the people from unreasonable searches and seizures. • This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason).

13. 5th Amendment • The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused) • You may not be tried twice for the same crime (double jeopardy) • You don’t have to testify against yourself in court. (Self-incrimination)

14. 6th Amendment • The 6th Amendment guarantees a speedy trial (you can’t be kept in jail for over a year without a trial) • an impartial jury (doesn’t already think you are guilty) • that the accused can confront witnesses against them • the accused must be allowed to have a lawyer

15. 7th Amendment • The 7th Amendment guarantees the right to a speedy civil trial. • A civil trial differs from a criminal trial. A civil trial is when someone sues someone else. A criminal trial is when the state tries to convict someone of a crime.

16. 8th Amendment • The 8th Amendment guarantees that punishments will be fair and not cruel, and that extraordinarily large fines will not be set.

17. 9th Amendment • All rights not stated in the Constitution and not forbidden by the Constitution belong to the people. • This means that the states can do what they want if the Constitution does not forbid it.

18. 10th Amendment • The 10th Amendment states that any power not granted to the federal government belongs to the states or to the people.