Citizenship and the Constitution

The Bill of Rights

Chapter 6, Section 2Pages 216 - 221

Building Background

People in the American colonies resented the British soldiers stationed in their towns.

They objected to sudden searches and to soldiers being housed in private homes.

They disliked censorship of their newspapers.

When the Constitution was written, Americans remembered those wrongs. They insisted on adding a bill of rights to the document.

Bill of Rights

Federalist James Madison promised a bill of rights would be added to the Constitution.

In 1789 Madison began writing down a huge list of proposed amendments (changes).

A final list of 12 proposed amendments were sent to the states for ratification. The states ratified 10, which took effect December 15, 1791.

Majority RuleThe protect of individual liberties is important in representative democracy.

Without safeguards, people’s rights would not always be protected because of majority rule.

Majority rule is the idea that the greatest number of people in society can make policies for everyone.

Although majority rule would represent most of the people, smaller groups of people might lose their rights.

First Amendment

The First Amendment addresses the most basic rights of all U.S. citizens:

Freedom of Speech Freedom of Religion Freedom of the Press The Right to Peacefully Assemble The Right to Petition the Government for a

Redress of Grievances

Protecting Citizens

The Second, Third, and Fourth Amendments relate to colonial disputes with Britain and reflect many of the ideals with state militias and the right to bear arms.

Second – The Right to Bear Arms

Third – Quartering of Soldiers in Private Homes

Fourth – Protection from Illegal Searches and Seizures (Search Warrant)

Rights of the Accused

The Fifth, Sixth, Seventh, and Eighth Amendments provide guidelines for protecting the rights of the accused.

Fifth Amendment– Requires Due Process of the Law

-- Protection from Self-Incrimination -- Protection from Double Jeopardy -- Cannot have property taken from you without due process (Eminent Domain)

Rights of the Accused

Sixth Amendment – Protects the rights of a person who has been indicted. It guarantees people a speedy, public trial. Accused individuals also have the right to an attorney.

Seventh Amendment – states that juries can be called and have the power to decide civil cases.

Eighth Amendment – allows for bail (a set amount of money that defendants promise to pay the court if they fail to appear in court). Also prohibits cruel and unusual punishments.

Criminal vs. Civil Law

Criminal Law deals with someone who breaks the law.

Civil Law deals with the fact that people have been done wrong, but no law was necessarily broken.

Rights of States and Citizens

The final two amendment in the Bill of Rights give a general protection for other rights not specifically addressed by the first eight amendments.

Ninth Amendment – the rights listed in the Constitution are not the only rights that citizens have. Allows for the courts and Congress to decide about other basic rights.

Tenth Amendment – recognizes that the states and the people have additional powers – any power not specifically given to Congress in Article I of the Constitution.