The Bill of Rights

Chapter 4

Section 1

The First Amendment

What is a Bill of Rights, and why did we need one?

• Constitution might not have been ratified if Bill of Rights had not been promised.

• Added in 1791 – first 10 Amendments• Places strict limits on how the national

government can use its power over the people.• Protects our civil liberties – the freedoms we

have to think and act without government interference or fear of unfair treatment.

The First Amendment

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

So, what freedoms are included in this Amendment?

Freedoms of the First Amendment

1. Freedom of Religion

2. Freedom of Speech

3. Freedom of the Press

4. Freedom of Assembly

5. Freedom to Petition the Government

Freedom of the Press

“[W]here it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.”– Thomas Jefferson

Limits to First Amendment Freedoms

1. Safety and Security of Others2. Civil Liberties should not interfere with the

rights of others

What would you decide if…• Someone criticized the government and Barack

Obama?• Someone burned an American flag in protest?• Someone screamed, “fire!”, in a crowded movie

theater?• Someone prayed aloud in a public institution (like

a train station) or a classroom?• Someone protested an abortion clinic by setting

it on fire?• Brought a rattlesnake to school because it was

part of their religious practices?• Would ANY this be legal?

Other Guarantees in the Bill of RightsSection 2

Second Amendment“A well regulated

Militia, being necessary to the security of a free

State, the right of the people to keep and bear Arms, shall not

be infringed.”

• There is a debate over exactly what rights are guaranteed by the Second Amendment.– Some say that it only allows each state to have a well-

regulated militia.– Others say that it guarantees the right of individual

citizens to carry arms.• The courts have ruled that the government can

control, but not prevent the possession of weapons.

Second Amendment Rights

Third Amendment

• “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 manner to be prescribed by law.”

Third Amendment Rights

• Basically, in peacetime, soldiers can’t move into private homes without permission from the homeowners.

• In war, the practice must be authorized by Congress.

Fourth Amendment• “The right of the people to be

secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Fourth Amendment Rights

• No soldier, government agent or police officer can search your home or take your property without good cause.

• Law enforcement can ask a judge to issue a search warrant if they believe you have committed a crime.

What if…• You saw someone carrying an unusual amount of dynamite

in to their home. Considering that dynamite is legal for the removal of stumps and other such projects in your yard.

• However, this pattern continues for several days and you grow suspicious. You have phoned the police but they pretend that you are joking or either they are not concerned.

• Would it be okay, in the interest of national security, to sneak in to the house and check for yourself to make sure they are not building bombs?

Fifth Amendment

• “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Fifth Amendment Rights• No trial may be held unless a person is formally

charged, or indicted by a grand jury.• A person found not guilty may not be put on trial

again for the same crime – double jeopardy.

Fifth Amendment Rights• Accused persons don’t have

to testify against themselves.

• Entitled to due process of law.

• No one can be deprived of their property by the government without compensation – eminent domain.

I plead the Fifth!• Did you know that in a court case

you do not have to tell information to the judge or the jury if it will hurt your case?• Can anyone think of why this

would be a good thing?• Can you think of any examples that

someone has used this in a trial setting?

Sixth Amendment• “In all criminal prosecutions, the accused shall enjoy

the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

Sixth Amendment Rights

• The accused must be informed of the nature of the charges.

• The accused must be allowed a speedy and public trial by an impartial jury.

• If possible, the trial must be held in the same area where the crime took place.

Sixth Amendment Rights

• The accused must be allowed to hear and question all witnesses.

• The accused gets a lawyer, and can call witnesses for his or her defense.

Seventh Amendment• “In Suits at common law, where the value in

controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.”

Seventh Amendment Rights

• Guarantees the right to a jury trial in civil cases if the amount of money is more than $20.

• Doesn’t require one, though – can choose to settle with a judge instead.

Eighth Amendment

• “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Eighth Amendment Rights• Forbids excessive bail• Forbids excessive fines• Forbids “cruel and unusual punishment” for crimes

Ninth Amendment

• “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

Ninth Amendment Rights

• Just because a right isn’t specifically mentioned in the Constitution or the Bill of Rights, doesn’t mean that you don’t have it.

Tenth Amendment• “The powers not delegated to the United States by

the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Tenth Amendment Rights

• Any powers that the Constitution or the Bill of Rights does not specifically give to the national government goes to either the states or the people.

• Prevents the President and Congress from becoming too strong – the national government has only the powers given to it by the people.

Extending the Bill of Rights

Section 3

Protecting All Americans• Bill of Rights intended to

protect individual liberties.– Not always applied evenly or

fairly, though.• Intended only for national

government– States could use their power to

work around the Bill of Rights• Gradually came to apply to all

Americans and all levels of government

Thirteenth Amendment (1865)• Officially ended slavery in the United States• Also outlawed forced labor, except as a

punishment for a crime.

Fourteenth Amendment - 1868• Although the Civil War and

the 13th Amendment freed the slaves, it did not give them full rights.

• Many southern states passed “black codes” that kept African Americans from holding certain jobs, limited their property rights, and restricted them in other ways.

Freedoms of the 14th Amendment

• Citizenship Clause– Defined a citizen as anyone “born or

naturalized in the United States”• Due Process Clause– Prohibits state and local governments

from depriving citizens of life, liberty or property

– Used to apply the 14th Amendment and Bill of Rights to state and local governments

Freedoms of the 14th Amendment

• Equal Protection Clause– Requires every state to give “equal protection of

the laws” to everyone under its jurisdiction– In recent years, it has been used to benefit

women, people with disabilities and others who have not been treated fairly throughout history.

Nationalization of the Bill of Rights

• Had certain provisions making the Bill of Rights binding for the state governments as well as the national government.

• Since 1925, in Gitlow v. New York, the Supreme Court has used the 14th Amendment’s due process clause to apply the Bill of Rights to the states.

Fifteenth Amendment - 1877

• No state may take away a person’s voting rights based on race, color or previous enslavement.

• Extended suffrage to African-Americans, although many states still found ways to keep African Americans away from the polls.

Seventeenth Amendment (1913)

• Allowed voters to elect their senators directly– According to the Constitution, the state legislatures

elected the senators

• Gave Americans a greater voice in their government

Nineteenth Amendment (1920)• The Constitution did not

guarantee women the right to vote, but it didn’t deny it to them either.

• This left the states to make their own laws on the issue, using the Tenth Amendment.

• 1920 – 19th Amendment ratified, protecting the right of women to vote in national and state elections.

Twenty-third Amendment (1961)

• Gave residents of Washington D.C. the right to vote in national elections

• Originally couldn’t vote in national elections, because D.C. isn’t technically a state

Twenty-fourth Amendment (1964)

• Made poll taxes illegal in national elections

• Used to keep African Americans (who usually could not afford the tax) from voting

Twenty-Sixth Amendment (1971)• Constitution didn’t specify a minimum voting age, but

most states set it at 21• During the Vietnam War, lots of young men were being

drafted to fight and die at 18 … but they were not old enough to vote.

• Lowered the voting age to 18 for all national and state elections

The Civil Rights Struggle

Section 4

Background to the Struggle

• Even after the Civil War and Reconstruction, African Americans faced a lot of discrimination– “Jim Crow” laws– Segregation

• 1909 – NAACP founded• 1910 – National Urban League • 1948 – President Truman ended segregation in

the armed forces

Civil Rights Movement

• Brown v. Board of Education of Topeka, Kansas, 1954– Supreme Court ruled that segregated schools were

unconstitutional• Civil Rights Act of 1957– Set up commission on civil rights and created a division

of civil rights in the Justice Department• Equal Pay Act of 1963– No wage discrimination based on race, gender, religion

or national origin

Civil Rights Movement• Civil Rights Act of 1964– Strengthens 14th Amendment

protections– Bans discrimination based on race,

color, gender, religion and national origin

– Bans discrimination in public facilities, employment, education and voting

• Voting Rights Act of 1965– Federal government can intervene in

voter registration discrimination

Civil Rights Movement

• Equal Employment Opportunity Act of 1972– Businesses receiving federal funds must have

affirmative action programs to increase number of female and minority employees

• Americans Disabilities Act of 1990– Bans discrimination in employment,

transportation, public accommodations, and telecommunications against persons with physical of mental disabilities

Ongoing Challenges• Affirmative Action in the 1970s– Trying to make up for past discrimination

• Gratz v. Bollinger (2003)– Case dealing with affirmative action; struck down a

policy at the University of Michigan• Racial Profiling– Suspected because of race

• Hate crimes– Acts of violence based on race, color, national origin,

gender, or disability