The first 10 amendments To the U. S. Constitution

1. The first 10 amendments To the U. S. Constitution

2. Who determines 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??

3. Why are they part of the Constitution? • Jefferson’s Anti-Federalists wanted to protect the rights of the individual from the new Constitution, which created a much stronger government • Each Amendment reflects the experience of America’s settlement and the American Revolution

4. The first amendment—5 rights mentioned • Freedom of Speech • Freedom of Religion • Freedom of the Press • Freedom of Assembly • Right to petition the government

5. 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

6. Establishment Clause—Government cannot promote religion • Puritans, Quakers, Catholics, Baptists came to the New World to escape persecution from the “established” Church of England

7. Example: • AGHS teaches The Bible as Literature—we approach it as part of the heritage of Western thought • But AGHS can’t teach a course that advocates belief in the Bible—that would “establish” Christianity in a nation that features many religions

8. Free exercise of religion

9. Free Exercise—The citizen can • Choose her faith • Lead a prayer in most examples • Worship whomever she wants • Choose not to believe

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

11. Freedom of the press • Congress shall make “no law . . . abridging . . . the freedom of the press.”

12. Freedom of Assembly • Congress shall make no law . . . Abridging . . . The people to peaceably assemble”

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

14. Speech, Press, Assembly, and Petition… • …all came out of the pre-Revolutionary years, when Americans protested British tax policy and were accused of being treasonous. • But Americans insisted they were exercising their rights as British subjects

15. 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.”

16. “Minutemen” were key to the beginning of the Revolution and militia to the early Continental (American) Army

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

18. This came from the pre-war Quartering Act, which required American colonists to feed and house British soldiers

19. The Rights of the Accused:Amendments #4-8

20. Fourth Amendment • What does a policeman need in order to search your home? • A warrant given to him by a judge • Probable cause is also needed

21. This comes from the writs of assistance • Before the Revolution, British soldiers searched homes and businesses for smuggled goods—they could search anyone and for anything • And they weren’t gentle about it…

22. Fifth Amendment • You must have due process of law before you are convicted • A proper trial, right to confront your accusers

23. Sixth Amendment • Right to speedy trial by impartial jury—meaning not favoring either side • You have a right to know the charges against you • You have the right to an attorney

24. Why these amendments? • Before the Revolution, Americans were arrested, held and tried by military courts on mere suspicion of treasonous activities

25. Eighth Amendment • No excessive bail • No cruel and unusual punishment

26. The signers of the Declaration… • Pledged their “lives, their fortunes, and their sacred honor” to the Revolution • Their lives? Had they been captured, they could have been drawn and quartered

27. The Bill of Rights • Is Mr. Gregory’s favorite part of the Constitution