Bill of Rights
The Bill of Rights was NOT included in the 1787
Constitution.
The first ten amendments (Bill of Rights) were
ratified on December 15, 1791.
Amendment Process
***Step 1 - 2/3’s of Congress must
approve the amendment
***Step 2 - 3/4’s of the state legislatures
must approve the amendment
***Step 3 – Amendment is added to the
Constitution!!!
First Amendment
*** Freedom of Religion, Assembly,
Press, Petition, and Speech
Second Amendment
*** Right to Bear Arms
right to use and buy guns belongs to individuals or only
to a militia
government can limit some rights of gun manufacturers,
owners and sellers.
Third Amendment
*** Housing of Soldiers
***bars the government from forcing individuals to
provide lodging to soldiers in their homes
except
***during war when the interest of
national security may override an individual’s
right of private property.
Amendments 4-8
***Known As:
DUE PROCESS AMENDMENTS
Fourth Amendment
*** Search and Arrest Warrants
***Protects people against unreasonable searches and
seizures by government officials.
***Must have warrant or reasonable cause to search
Fifth Amendment
*** Rights in Criminal Cases
***Criminal Rights—not giving info to officers to incriminate self
(known as “pleading the 5th!”)
***No double jeopardy
fair method for beginning criminal proceedings
Sixth Amendment
*** Right to a Fair Trial
*** Trial by Jury (idea taken from the Magna Carta in 1215)
Commit a crime - a jury hears evidence and decides verdict
*** Speedy Trial
*** Right to counsel (Lawyer or Attorney)
*** Trial will be held in district where crime
was committed
Seventh Amendment
*** Rights in Civil Cases
*** Right to sue others
To win, the plaintiff must prove his or her case by
“a preponderance of the evidence,” that is by
over fifty percent of the proof.
Eighth Amendment
*** Bails, Fines and Punishments
*** No cruel and unusual punishment or bail
Bail is returned to the defendant when he or she appears at
trial
but is forfeited (lost) to the government if he or she does not
appear.
.
REMEMBER:
Amendments 4 – 8 Known as…
Due Process Amendments
Ninth Amendment
*** Rights Retained by the People
***Even if a right is not specifically mentioned in the
amendments, if it “should” be a right for the people – than it is!!
The Ninth Amendment is a constitutional safety net
Some of the framers raised concerns that because it was
impossible to list every fundamental right.
Tenth Amendment
*** Some Powers are retained by the States and the
People
***The federal government has only those powers
specifically granted by the Constitution.
These powers include the power to:
declare war, to collect taxes,
to regulate interstate business
activities and others that are listed in the articles.
Civil War Amendments
• 13th – Abolished slavery
• 14th – granted citizenship
• 15th - guaranteed African-American men
the right to vote
Voting Rights Amendments
• 15th – right to vote for African Americans
• 19th – right to vote for women
• 26th – changed voting age from 21 to 18