Constitutional Roots

By 1790, all 13 original states ratified the
Constitution

Many people did not believe the
Constitution did enough to protect
individuals

Many different views on whether individual
rights should have been included
Should individual rights be
included in the Constitution?

Thomas Jefferson
 “Bill of Rights is what people are entitled
to…and what no just government should
refuse.”

Alexander Hamilton
 No laws needed to stop the government
from doing things the Constitution gives it no
power to do
Other arguments

States already have own bill of rights to
protect individual liberties
 Counterargument: Many states (such as NY) did
not have a bill of rights

Would states oppose the Constitution
without the Bill of Rights?

Madison’s solution: 10 amendments that
focused on individual rights
DO YOU THINK THE BILL OF RIGHTS WAS A NECESSARY ADDITION TO THE
CONSTITUTION? WHY/WHY NOT?
First Amendment

Freedom of Religion

Freedom of Speech

Freedom of the Press

Freedom of Assembly

Freedom of Petition
Think-Pair-Share

Which of the freedoms granted in the First
Amendment do you believe is most
important? Why?

Write out your response with at least 2
reasons as to why that freedom is most
important

You will then share with a neighbor to
discuss before a class-wide sharing of
responses
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.
 Do you agree with the
cartoonists? Why/Why
not?

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.
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.
Fifth Amendment

Indictment: Formal accusation of an
individual for the crime
 Must happen before a person can be tried
for a serious offense
 Grand jury decides if there is enough
evidence to go to trial
 Protection from harsh government
Fifth Amendment (continued)

Protection from Self-Incrimination
 Do not have to testify against oneself
 “I plead the fifth”

Protection from double jeopardy
 Cannot be tried twice for the same crime

Cannot be denied life, liberty, or property
without due process of law
 Cannot be punished for a crime until the law
has been fairly applied
Fifth Amendment (continued)

Eminent Domain
 “nor shall private property be taken for public
use, without just compensation”
 Protects right to own property, but goes
government power to take private property
for public use
 Must give fair market value
Sixth and Seventh Amendments

Sixth






Speedy and public trial
Impartial jury where crime was committed
Informed of charges
Witnesses for both sides
Right to an attorney
Seventh
 Trial by jury in cases involving
money/property
Eighth Amendment

Ensures people appear for trial

Judges order accused to pay bail
 Money or property that the accused gives the
court to hold
 Person released from jail
 Get money back when you return for trial
 Judges cannot set excessive bail

Forbids cruel and unusual punishment
Ninth and Tenth Amendments

Ninth Amendment
 Americans enjoy basic rights not in Constitution
 Open for interpretation for they are not defined
 Rights mentioned in past: political activism and
privacy

Tenth Amendment
 Powers not specifically given to Federal
government belong to states or the people