The Bill of Rights and The Constitutional Principles

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The Bill of Rights
and The Constitutional
Principles
US History
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The Bill of Rights
• The Bill of Rights is the name
given to the first ten
amendments of the
Constitution
• They were introduced by
James Madison to the First
United States Congress in
1789
• They came into effect on Dec.
15 1789, when they were
ratified by ¾ of the states
• Purpose: To set limits on what
the government can/cannot do
in regards to personal liberties
The Bill of Rights
1st Amendment
5th Amendment
2nd Amendment
6th Amendment
9th Amendment
10th Amendment
3rd Amendment
7th Amendment
4th Amendment
8th Amendment
Constitutional Principles
• The Constitution was written to determine how
power would be divided by Federal, State and
Local governments, as well as how Individual
states would be represented at the National
level
• The Constitutional Principles are the backbone
of the Constitution
• The Constitutional Principles purpose was to
ensure that the government was formed with the
rights of individual citizens in mind
Constitutional Principles and Other
Major Amendments
Checks and Balances Limited Government
Separation of Powers
Federalism
14th Amendment
15th Amendment
Individual Rights
Republicanism
Popular Sovereignty
13th Amendment
1st 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”
• 1st Amendment Protects:
–
–
–
–
–
Freedom of Religion
Freedom of Speech
Freedom of the Press
Right of Assembly
Right to Petition
2nd 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”
• 2nd Amendment Protects:
– Right to Bear Arms (own guns)
3rd 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”
• 3rd Amendment Protects:
– Home owners are not required to provide housing for
soldiers (during war or at times of peace)
4th 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”
• 4th Amendment Protects:
– The right of privacy
– Search Warrants can only
be issued with probable cause
(good reason)
th
5
•
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”
• 5th Amendment Protects:
– A person must be formally indicted (charged) with a crime before
being tried
– Double Jeopardy; meaning a person cannot be tried twice for the
same crime
– Self-incrimination; meaning witnesses do not have to incriminate
themselves
– Limits Eminent Domain; meaning private property can be taken
for public use, however the owner must be compensated (i.e.
paid)
6th 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”
• 6th Amendment Protects:
– The right to a speedy and public trial
– The right to an impartial jury of peers
– The right to an attorney (lawyer)
7th 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”
• 7th amendment Protects:
–
Ensures that a civil litigants are entitled to jury trials
8th Amendment
• “Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted”
•
8th Amendment Protects:
– Bail is set proportionally to the crime
– No cruel or unusual punishment can be inflicted on a
person
9th Amendment
• “The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people”
• 9th Amendment Protects:
– Negates the expansion of governmental power on the
listed rights in the constitution
10th 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”
• 10th Amendment Protects:
– Powers not addressed in the constitution are enforced
by individual states and the people within them
Checks and Balances
• Each branch of government has power
over the other two, to ensure that one
branch does not become too powerful
Limited Government
• People give power to the government; the
government does not have unlimited
power
Federalism
• Power is divided between National, State
and Local
Separation of Powers
• Power is equally divided amongst the 3
branches of government
Individual Rights
• Citizens rights are guaranteed (i.e. the Bill
of Rights)
Republicanism
• The government should be based on the
consent of the people through
representatives
Popular Sovereignty
• Citizens have the power through voting
13th Amendment
• Prohibits slavery or involuntary servitude
(with the exception of a punishment of a
crime)
• Adopted on Dec. 6 1865
14th Amendment
• Citizenship clause (defines a citizen; which
included slaves and the descendents)
• Due Process Clause (protection of private
contracts)
• Equal Protection Clause (equal treatment
of all citizens, regardless of race, gender
or ethnicity)
• Adopted on July 9 1868
15th Amendment
• Protects an individual’s right to vote,
regardless of race, color or previous
condition of servitude
• Ratified on Feb. 3 1870
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