what is the bill of rights? why did the ff decide to later include the b.o.r. in the constitution?...

• What is the Bill of Rights?

• Why did the FF decide to later include the B.O.R. in the Constitution?

• In what ways is the B.O.R. present in society today?

Introduction

• After the leaders of the new United States wrote the Constitution, they had to get the 13 states to agree to it.

• Some of the states did not want to agree unless they could add some specific rights for individual people.

• So in 1791 the United States added ten new rights to the Constitution. These are called the Bill of Rights.

RELIGIOUS AND

POLITICAL FREEDOM – freedom of: Religion Press,Speech,AssemblyPetition

RIGHT TO BEAR ARMS – any citizen has right to own a firearm

Does the 2nd Amendment Give Individuals a Right to Bear

Arms?• YES • the Amendment

guarantees the right of individuals to possess and carry a wide variety of firearms.

• NO• the Amendment was

only meant to guarantee to States the right to operate militias

No soldiers can be quartered in any house without the consent of the owner

**Not Realistic in today’s standards

SEARCH AND SEIZURE – personal belongings cannot be searched without probable cause

What is probable cause?

• Reasonable belief that a person has committed a crime.

Anyone accused of a crime has right to a fair trial and cannot be tried twice for the same crime (double jeopardy)

5th Amendment• Self-Incrimination: protects witnesses from

being forced to incriminate themselves.– “Plead the Fifth: refuse to answer a question

because the response could provide self-incriminating evidence

• Double Jeopardy: Cannot be charged for the same crime twice.

• What is the purpose behind Double

Jeopardy?????

Double Jeopardy

• “The constitutional prohibition against ‘double jeopardy’ was designed to protect an individual from being subjected to the hazards of trial and possible conviction more than once for an alleged offense.

• the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense.

• thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent he may be found guilty.”

Right to a speedy trial

If accused of a breaking common law a person has the right to a jury trial

LIMITS OF FINES AND PUNISHMENTS – cannot be excessive or unusual punishment

• Excessive bail

• Death penalty

No part of the Constitution can deny or take away the rights of the given to all in any other part of the Constitution

Why is the 9th amendment significant?

• Protects the people against attempts of the federal government to invoke (put into use) powers not specifically enumerated (listed) that may deny people’s rights

Any power not given to the National government are given to the states

• ALWAYS Remember: Without the 9th and 10th Amendments, many states would have refused to ratify the constitution or even to join the union.