Bill of Rights

Mr. Biddle

Government

Int. Social Studies

Federalists vs. Anti-Federalists

After the Constitution was drafted great debate over ratification began

Those who supported it were called the Federalist and those who opposed were the Anti-Federalist

The Anti-Federalist questioned how the Constitution was drafted in private and how it gave too much power to a central government.

They also warned that without a Bill of Rights that a strong National Government may take away individual rights.

Federalists vs. Anti-Federalists

The Federalist agreed to add a Bill of Rights in order to gain the support they needed to get the Constitution ratified.

Patrick Henry (Anti) Alexander Hamilton (Fed)

Vs

1st Amendment Contains the peoples individual Freedoms Freedom of:

Religion Petition Speech Press Assembly

2nd Amendment

The Right to Bear Arms This Amendment is designed to keep

the Government in check and to protect the people.

The British Monarch tried to take guns away from the militia’s and colonist prior to the Revolution.

Adolf Hitler took guns away from the people before the Holocaust

Pro

Pro/Anti

                                                                 

   

Pro

Anti

                                                

      

Anti

Anti

                                                                 

   

Pro

3rd Amendment No Quartering of Troops The Government is

prohibited from forcing homeowners to house troops

Great Britain had done this to the colonists

4th Amendment

No Illegal Search and Seizure The Government cannot search you or

your property hoping to find something damaging against you.

Probable Cause – Police must have a reasonable basis to believe the person or premise is linked to a crime.

Most searches require a search warrant signed by a Judge.

5th Amendment

4 Protections for people accused of a crime

1. No one can be tried for a serious crime unless a grand jury has decided there is enough evidence to justify a trial.

2. A person found innocent cannot be tried again for the same offense

“If the glove doesn’t fit you must acquit!”

5th Amendment

3. No one can be forced to testify against themselves. (You can refuse to answer any questions that incriminate you)

4. Government may not deprive any person of life, liberty, or property without due process of law.

5th Amendment Eminent Domain- the Government has the

power to take private property for public use such as, to build a highway, dam, or a park. They have to pay a fair price It must be for the benefit of the public

6th Amendment

Right to trial by Jury People have the

right to a speedy, public trial by an impartial Jury (you can ask for a judge)

The Government can not hold you along time to wait for a trial.

6th Amendment Change of Venue

You can ask to have your trial at a new location to escape bias verdicts and hostilities.

Ex. If you are accused of killing a small towns star football player that was going to lead them to state, you don’t want to be tried in that town.

Also, you have the right to know all charges against you, and to be defended by a lawyer.

7th Amendment

Civil Trial by Jury You have the right

to have a trial by jury for property, or other controversial matters where the thing in question is worth more than $20. ($1,500 today)

8th Amendment Prohibition of excessive bail, as well as

cruel and unusual punishment Bail is set at an amount that is not

excessive, but ensures that the accused will show up to court. If they show they get it back, if not it is forfeited.

The same goes for fines The court cannot give you a punishment

that doesn’t fit the crime. Used to argue the death penalty

9th Amendment Protection of the rights not in the Bill of

Rights States that all rights not in the

Constitution are “retained by the people.”

Prevents the Government from claiming you only have the rights in the Const.

This Amendment protects all of your basic and natural rights.

Limits federal power

10th Amendment

Powers of the State and People The powers not given to the

national government by the Constitution belong to the states or to the people and can’t be taken away by the government

Allows the States to stay sovereign in issues not directed by the Federal government

Reaffirms the Constitutional principles of Federalism

Unitary SystemFederalismUSA

A large political Unit has all the Major powers