Founding Documents

Basics of Declaration of Independence and Constitution

Complete Bill of Rights

Declaration of Independence

• “Break up letter” between American colonists & King George III of England

• Key Principles– Natural Rights (Basic rights to all humans)

– Consent of the Governed (I get to have a say in my government)

• List of grievances against the King (what he was doing wrong)

US Constitution

• Explains our government– Article I – Legislative Branch (Pass bills/laws,

impeachments, pass budget, approve treaties)

– Article II – Executive Branch (command armed forces, enforce laws, sign treaties, sign/veto laws sent by Congress)

– Article III – Judicial Branch (Interpret laws, decide Un/Constitutionality)

• Limits our government– Example: Gov’t can’t take your land unless they pay

you fair value for it

Three Branches

Legislative Branch

Seven Principles of Gov’t • Popular Sovereignty -a government in which the people

rule (demonstrated best by voting)• Republicanism –people elect representatives to make

decisions• Federalism- power shared/divided by national and state

governments• Separation of Powers - the division government roles into

three branches• Checks and Balances - each branch of government can

exercise checks, or controls over the other branches• Limited Government – government is limited in its power

and must obey laws like citizens• Individual Rights - personal liberties or privileges

The Bill of RightsThe First 10 Amendments to the Constitution

# Rights Guaranteed Picture for Each Right

1

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Amend?• What does Amend mean?

– To change or alter

• So why change the rules of government?– The first 10 Amendments were simply to

guarantee personal rights– Beyond those - because society changes

• Example: 19th Women can vote, 18th Alcohol should be illegal, 21st Oh wait, that didn’t go well, no it shouldn’t.

1st Amendment• The 1st Amendment guarantees freedom of

religion, speech, the press, assembly, and petition.

• This means that we all have the right to:• practice any religion we want to• to speak freely• to assemble (meet)• to address the government (petition)• to publish newspapers, TV, radio, Internet

(press)

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2nd Amendment

• The 2nd Amendment protects the right to bear arms, which means the right to own a gun.

3rd Amendment

• The 3rd Amendment says “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.”

• This means that we cannot be forced to house or quarter soldiers.

4th Amendment

• The 4th Amendment protects the people from unreasonable searches and seizures.

• This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason).

5th Amendment

• The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused)

• You may not be tried twice for the same crime (double jeopardy)

• You don’t have to testify against yourself in court. (Self-incrimination)

• If gov’t is going to “take” your property, they must pay you (Eminent Domain)

6th Amendment• The 6th Amendment

guarantees a speedy trial (you can’t be kept in jail for over a year without a trial)

• an impartial jury (doesn’t already think you are guilty)

• that the accused can confront witnesses against them

• the accused must be allowed to have a lawyer

7th Amendment

• The 7th Amendment guarantees the right to a speedy civil trial.

• A civil trial differs from a criminal trial. A civil trial is when someone sues someone else. A criminal trial is when the state tries to convict someone of a crime.

8th Amendment

• The 8th Amendment guarantees that punishments will be fair and not cruel, and that extraordinarily large fines will not be set.

9th Amendment

• All rights not stated in the Constitution and not forbidden by the Constitution belong to the people.

• This means that the just because a right isn’t listed, it doesn’t mean people/states don’t have it.

10th Amendment

• The 10th Amendment states that any power not granted to the federal government belongs to the states or to the people.

• This is where the South argued state’s rights to keep slavery…

But wait…There’s more…

• Now go back and highlight all the amendments that deal with rights of the accused…

• Which amendments are they?– Fourth– Fifth– Sixth– Eighth