The Bill of Rights
World History
9.1.15
Review
Why did the Antifederalists insist that a bill of
rights be added to the Constitution?
Because they supported the Enlightenment
ideas of: individual rights and limited
government.
Why did Alexander Hamilton oppose a bill of
rights?
(SKIP THIS QUESTION)
• What is a bill of rights?
Review
A document listing the rights of citizens.
• What is the Bill of Rights?
The first 10 Amendments to the Bill of Rights
The Bill of Rights
• The Bill of Rights has 10 amendments and
they are equally important in our lives – but
because our time together is short, we will
focus on the first five today..
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.”
The First Amendment established the:
• freedom of religion
First Amendment
– The government cannot prevent you from practicing any
religion you wish.
• freedom of speech
– We are able to speak freely without censorship. Exceptions
include obscenity, harassment, lying under oath.
• freedom of the press
– Reporters are able to report the news without fear of
punishment.
• freedom of assembly
– People are able to gather in groups or protests – unless they
become dangerous.
• freedom to petition the government
– Citizens can complain to the government without fear of
arrest.
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.”
Second Amendment
The Second Amendment:
• protects citizens’ right to bear arms.
– This right was included in order to ensure a strong
defense for the U.S.
• At the time, the country did not have a strong
national army.
• The United States now has a strong army and does
not need militias to defend its borders.
So, does America still need the Second
Amendment? Discuss!
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 a
manner to be prescribed
by law.”
Third Amendment
The Third Amendment:
• Protected citizens from the quartering of
troops.
Why did Congress include this freedom in the Bill of
Rights?
__________________________________________
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
The Fourth Amendment:
• Protects citizens from illegal search and
seizure
• This was included because the British had
used the Writs of Assistance to search
colonists’ homes without a warrant.
Fifth Amendment
“No person shall be held to answer for any
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 offence 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
The Fifth Amendment established the following
rights:
• Due process – the government must respect all
of your rights and treat you equally under the law
• “Double jeopardy” – no one can be tried for the
same crime a second time if found “not guilty”
• Freedom from “self-incrimination” – you
cannot be forced to testify against yourself in
court.
 This is what people mean when they “plead
the fifth.”
• Eminent domain – The government cannot take
anyone’s property without some payment.
Review Questions
1. What are the five freedoms protected by the First
Amendment?
2. What right is protected by the Second
Amendment?
3. Why did the writers of the Bill of Rights include
protection from quartering of soldiers?
4. What rights are protected by the Fifth
Amendment?
Review from Yesterday…
• The Bill of Rights guaranteed certain
individual rights to the American citizens.
– Individual rights are those rights or
privileges that belong to the people of
any country. They cannot be taken away.
• The five freedoms in the First Amendment are an
example of individual rights.
– Freedoms of speech, the press, religion, assembly, and
petition.
• These rights are guaranteed to the people
and cannot be taken away.
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
where in 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
defense.”
Sixth Amendment
The Sixth Amendment established the rights
of the accused  “innocent until proven
guilty”
• Right to a jury trial
– The accused can request a trial by jury instead
of a judge.
• “Confrontation clause”
– The accused have the right to see the accuser
face-to-face in court.
• Right to counsel
– “You have the right to an attorney. If you cannot
afford one, the government will appoint one for
you.”
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
The Seventh Amendment:
• Established the right to a civil trial by jury
– People suing for money are civil cases.
Eighth Amendment
“Excessive bail shall not
be required, nor
excessive fines
imposed, nor cruel and
unusual punishments
inflicted.”
Eighth Amendment
The Eighth Amendment:
• Doesn’t allow judges to set bail at an
unusually high level – the punishment has to
fit the crime.
– The judge cannot set bail at $5 million if you were
charged with stealing a $2 toothbrush at Wal-Mart.
• protects citizens from “cruel and unusual
punishment”
– Not everyone agrees on what is “cruel and
unusual.”
Discuss: Is the death penalty “cruel and
unusual punishment?”
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
The Ninth Amendment allowed for the
protection of rights not specifically listed in
the Constitution
– The rights of Americans are not limited to
the ones written in the Bill of Rights.
• This eased the Federalists’ (and Hamilton’s) fears
about the danger of a bill of rights under future
leaders.
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
The Tenth Amendment reserved the
remaining powers to the states.
THIS IS CALLED THE RESERVE CLAUSE.
– If any power is not assigned to the
federal government in the Constitution,
it goes to the state governments.
– This was for people who feared that the federal
government would try to increase its power.
REVIEW QUESTIONS
1. What are the “rights of the accused?”
2. What is “double jeopardy?”
3. What is the “confrontation clause?”
4. Which amendment includes the “reserve
clause?”
5. What is the “reserve clause?”