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Introduction Packet to Bill of Rights

Introduction Packet to Bill of Rights. History and What Are They?. Bill of Rights. BRIEFLY discussed at Constitutional Convention REJECTED!!! Focus on government structure instead, not individuals James Madison made them happen Own separate document. Bill of Rights.

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Introduction Packet to Bill of Rights

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  1. Introduction Packet to Bill of Rights History and What Are They?

  2. Bill of Rights • BRIEFLY discussed at Constitutional Convention • REJECTED!!! • Focus on government structure instead, not individuals • James Madison made them happen • Own separate document

  3. Bill of Rights • “Selling factor” for those who opposed the Constitution to agree to it because it was promised later • NOT part of original Constitution • Approved 4 years later (1791)

  4. Federalists View it as What’s the Point? • Implied already in Constitution • Rights protected through separation of powers (3 branches) and checks and balances • No appointments • Popular sovereignty exists • Nothing in Constitution says that Congress can take rights away • Writing Bill of Rights might do more harm than good because hard to write all rights; leave many out that maybe assumed aren’t protected

  5. Anti-Federalists View it as Extremely Important • Not implied; that’s a dangerous word • If Congress truly cared, would have included Bill of Rights • Jefferson favored them; most countries have them • Too easy to get away with not protecting rights if they are not at least written to some degree • 9th Amendment deals with not being able to write every single possible right

  6. Amendment I Freedom of: • Religion • Speech • Press • Assemble • Petition

  7. Amendment II • Right to bear arms • Originally for the militia to protect against British and Native American attacks

  8. Amendment III • Don’t have to house (quarter) soldiers in your house • This amendment has never been questioned in court of law

  9. Amendment IV • Protects people from unlawful searches or seizures of property without a search warrant (good reason)

  10. Amendment V • Cannot be tried for the same crime twice (double jeopardy) • Don’t have to testify against yourself; “plea the 5th,” up to courts to provide evidence to prove you guilty • All accused get right to due process of law (treated fairly) • Government cannot take private property without good cause and compensation (eminent domain)

  11. Amendment VI • Right to a speedy trial • Right to a jury of own peers • Protects people from being held for a crime without publicly knowing what you are charged for • Right to lawyer • Right to be present in trial to hear from witnesses for and against you

  12. Amendment VII • Guarantees a trial by jury for civil cases as well, not just criminal cases

  13. Amendment VIII • No cruel and unusual punishment • Fair bail to fit the crime

  14. Amendment IX • Other rights aside from those listed also exist, and just because they are not listed does not mean they can be violated • Impossible to list all rights you deserve

  15. Amendment X • Power not granted to federal government belongs to the states

  16. What is an “Amendment?” • Change or addition to Constitution • Thanks to the elastic clause • “Living Document”

  17. Bill of Rights • Amendments 1-10 • All passed at same time • Total of 27 amendments today

  18. Unfair British Rule • Amendments 1-4

  19. Rights of Accused • Amendments 5-8

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