Chapter 10 The Bill of Rights

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Chapter 10 The Bill of Rights
Chapter 10 The Bill of Rights
*The adoption of the Constitution depended
upon ratification by 9 of the 13 states.
*1788 Massachusetts convention objected
that the Constitution did not list the rights of
the people.
*Governor John Hancock promised that if
the delegates approved the Constitution
as written then Congress would amend it
to include the Bill of Rights.
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*”Ratify now, amend later” was the rallying
cry for the Federalists.
By the end of 1788 the Constitution was
the Law of the land.
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10.2 Creating the Bill of Rights
*1789 George Washington becomes the first
president of the United States.
*John Adams becomes the first vice president.
*James Madison wants to keep his promise to
add a Bill of Rights to the Constitution.
*Congress approves 12 amendments in June,
1789.
Ratification by the States
*3/4 of the states must ratify amendments before
they become law.
*States debate for two years before ratifying 10 of
the 12 in 1791.
They become known as The Bill of Rights.
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James Madison
Test Prep
 The person most responsible for writing the Bill of Rights
was
 A) President George Washington
 B) Vice President John Adams
 C) Representative James Madison
 D) Governor John Hancock
 Answer: C) Representative James Madison
Test Prep





The Bill of Rights is part of the
A) Proclamation of 1763
B) Declaration of Independence
C) Articles of Confederation
D) Constitution of the United States
 Answer: D) Constitution of the United States
Test Prep
 The job of protecting the rights listed in the Bill of Rights
belongs mainly to
 A) federal courts
 B) the president
 C) Congress
 D) state governors
 Answer: federal courts
10.3 First Amendment Rights
*First Amendment combines five basic freedoms:
-of religion
-of speech
-of the press
-of assembly
-right to petition the government
The Right to Worship Freely
*Congress cannot make an official religion of the
United States.
*Congress cannot favor one religion over another.
*Congress can make no law prohibiting religious
worship.
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10.3 Continued…
The Right to Free Speech and Press
*Freedom of the press ensures that the
press can act as a watchdog on the
government.
*Freedom of speech protects a citizen’s
right to speak freely in public places.
*However, the speech cannot endanger
public safety.
Free speech can also include actions, or
expression, like peaceful protests.
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10.3 Continued…
The Right to Assemble and Petition
*The right to assemble means that citizens
can use public property for meetings and
demonstrations.
*The right to petition is the right to make a
complaint to, or seek the assistance of the
government without fear of punishment.
*This can be done with propositions that
the public vote on.
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Test Prep
 The First Amendment protects all of these rights except
freedom of
 A) speech
 B) worship
 C) assembly
 D) travel
 Answer: D) travel
Test Prep
 Which of the following would not be protected by the
First Amendment?
 A) criticizing government officials on a television talk
show.
 B) promoting ideas that many Americans oppose in a
political campaign.
 C) falsely crying “Fire” in a crowded theater.
 D) discussing controversial issues in a social studies
class.
 Answer: C) falsely crying “Fire” in a crowded theater.
10.4 Citizen Protections
Second Amendment: The Right to Bear Arms
* ”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 (limited).”
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Test Prep
 The Second Amendment protects the right of citizens to
own
 A) guns
 B) animals
 C) slaves
 D) land
 Answer: A) guns
10.4 Continued…
Third Amendment: Quartering Troops in Homes
* “No soldier shall, in time of peace, be
quartered in any house without consent
of the owner, nor in time of war, but in a
manner prescribed by law”
Fourth Amendment: Searches and Seizures
*Protects people and their property from
“unreasonable searches and seizures.
*Before arresting a
person or searching
someone’s property,
the police must show
a judge that there is
good reason for
allowing the action.
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Test Prep
 The Fourth Amendment protects people and their
property from
 A) unreasonable searches
 B) double jeopardy
 C) self-incrimination
 D) due process of law
 Answer: A) unreasonable searches
10.5 Legal Rights and Protections
Fifth Amendment Legal Rights
*Longest amendment in the Bill of Rights.
*Right to a trial by jury.
*No double Jeopardy
*Prohibits self-incrimination.
*Right to due process of the law.
*Govt. cannot take private property
“without just compensation.”
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10. Continued…
Six Amendment:Criminal Trials
*Provides accused person with
fair trials.
*Right to a speedy and public trial
by an impartial jury.
*Defendant has right to:
Know the charges against him/her.
-Hear all witnesses who testify.
-An attorney to assist in the defense.
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Seventh Amendment: Civil Trial Rights
*Civil cases involve money.
*People involved in civil cases have the
fight to a trial by jury
*Jury’s decision is final.
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Test Prep
 The “Miranda warning” reminds people who are arrested
for a crime that they have the right to
 A) demand a retrial if they are found guilty.
 B) choose the judge who will set their bail.
 C) question witnesses during their trial.
 D) remain silent and not answer questions.
 Answer: D) remain silent and not answer questions.
10.5 Continued…
Eighth Amendment: Bail and Punishments
*No excessive bail before trial.
*No excessive fines or cruel and unusual
punishment after trial.
*Punishment must be proportional to the
crime.
*Prohibits inhumane prison conditions.
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10.6 Other Rights and Powers
Amendment nine: Rights Retained by the People
*Even though “certain” rights are listed in the
Constitution, other rights not listed there are also
retained (kept) by the people, like the right to
privacy.
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Test Prep
 The Ninth Amendment says that rights not listed in the
Constitution
 A) can be added to it later.
 B) belong to the people.
 C) do not exist legally.
 D) are not very important.
 Answer: B) belong to the people.
10.6 Continued…
Amendment ten: Powers Reserved to the States
*Powers not given to the national government
are “reserved to the states…or to the people.”
*States determine rules for:
-marriages
-divorce
-drivers licenses
-voting
-state taxes
-job and school requirements
-rules for police and fire departments.
-and many more!
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10.7 Chapter Summary
*The promise of a bill of rights was key to
getting the Constitution ratified by the states.
*First Amendment spells out five basic
freedoms enjoyed by all Americans.
*Second, Third and Fourth Amendments
specify protections for ordinary citizens
against the abuse of government power.
*Fifth through Eighth Amendments are
intended to guarantee fair treatment for
people who are involved in legal actions.
*Ninth and Tenth Amendments concern
the relationships among the federal
government, the states, and the people.
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