The Bill of Rights
Integrated Social Studies
Madison Southern High School
Main Idea
• The Bill of Rights was added to the
Constitution to guarantee the basic rights of
citizens. These rights include protections of
individual freedoms, protections against the
government’s abuse of power, and the
protections of the accused.
The Amendment Process
Bill of Rights –
• List of citizens rights.
• Speaks to the limits on the powers of the federal
government.
• The Anti-Federalists insisted on this addition to the
Constitution.
Amendment Process –
• The way which changes are added to the Constitution.
National Convention –
• An assembly that may propose amendments.
Debate in Congress
• Congress, June 1789 – James Madison declared that
Americans believed that the Constitution did not adequately
protect their rights.
• Congress, August 1789 – Congress begins preparing the Bill
of Rights. Influences include the Magna Carta, English Bill of
Rights, Colonial Charters, and state constitutions.
• Congress, December 15th, 1791 – The Ten Amendments (Bill
of Rights) are ratified and become part of the Constitution.
Protecting Individual Freedoms
The First Amendment –
• Freedom of Religion – Separation of Church and State Government may not favor any religion or establish an
official religion.
• Freedom of Speech
• Freedom of the Press - Right to communicate thoughts
and opinions through the media / published works.
Protecting Individual Freedoms
The First Amendment –
• Freedom of Assembly – Right to meet together or gather.
• Freedom of Petition – Right to ask government to make
or change a law or solve a problem.
Protections Against Abuse of Power
The Second Amendment – right to bear arms (gun ownership).
The Third Amendment – protection from the housing of
soldiers.
The Fourth Amendment –
protection from unreasonable
search and seizures.
More Protections
The Fifth Amendment (Part 01) –
• Eminent Domain: the right for government to take private
property; however owner has the right to a fair price for his or
her property.
The Fifth Amendment (Part 02) –
• Citizens are guaranteed Due Process of Law; A process by
which the government must treat accused persons fairly
according to the rules established by law.
• Citizens are protected from Double Jeopardy; being placed
on trial twice for the same crime.
Protections of the Accused
The Sixth Amendment – Citizens are guaranteed the right to a
trial by jury in criminal cases.
The Seventh Amendment – Citizens are guaranteed the right to
a trial by jury in MOST civil cases.
The Eighth Amendment – Prohibits excessive bail, fines, and
punishments. No “cruel and unusual” punishment.
Protections of Other Rights
The Ninth Amendment –
• Declares that rights not specifically mentioned in the
Constitution belong to the people.
• Citizen Rights are not limited to the one mentioned in the
Constitution.
• This was included to give people rights over issues the
Framers couldn’t have seen coming.
The Tenth Amendment – Declares that powers not given to the
national government belong to the states or to the people.
Role of the Courts
• The courts have the difficult task of
interpreting the meaning of citizens’ rights.
They decide whether or not people’s rights
have been violated.
Role of the Courts
Freedom of the Press – The right to publish newspapers,
magazines, and other materials without governmental
restriction.
Freedom of Speech – The right to express one’s opinions publicly.
Case Studies –
• Descriptions of situations or conflicts, the issues involved
and decisions made.
• Case studies help us learn about American legal history.
Hazelwood Schools v. Kuhlmeier
1.
How do you think the students would’ve reacted to the Supreme
Court’s decision in this case?
2.
Imagine the Court reached the opposite conclusion that it did in
the case. How would such a decision affect the students and the
school? Society at large?
3.
Who is in the best position to make decisions affecting school
policy and discipline? The courts? School administrators?
Teachers? Parents? Students? Combinations of these different
groups?
4.
How much authority should schools have over students when
they are off school property? For instance, should schools have
the right to punish a student for material on the student's
personal website that makes fun of a teacher? What if the
website threatens a teacher and/or fellow student?
Tinker v. Des Moines
1. Do you think that the school policy banning armbands was fair?
Why or why not?
2. The students knew they would be suspended if they wore
armbands to school and chose to do so anyway. Why do you
think they ignored the rule?
3. The First Amendment says "Congress shall make no law…
abridging the freedom of speech.“ Why do you think the
Supreme Court of the United States has ruled that certain actions
should have the same protection as verbal speech? Are these
reasons valid?
4. Pretend that students in your school wanted to protest the
school-wide ban on smoking. Should they legally be allowed to
protest by wearing T-shirts that read "Up with 'Butts'!"? Why or
why not?
NSPA v. Village of Skokie
1. As citizens, do we have a responsibility to behave decently with
the freedoms we’ve been given? Why or why not?
2. Is the swastika a form of hate speech? Why or Why not?
3. What do you think is meant by the phrase, “A Marketplace of
Ideas”? Is that something we need in America?
4. Imagine you a Jewish resident of Skokie; one that survived the
Holocaust. What would your reaction be to seeing the Nazi flag
marching in your hometown streets?
Final Thoughts
Our Rights –
• The rights of the American citizens are not simply
guaranteed because they are written down in the
Constitution, they have been protected by
citizens who firmly believe in the American
system of government.
Protecting the Constitution is a basic duties all
citizens have.