Notes

Chapter 4Rights and Responsibilities

Adding the Bill of RightsThomas Jefferson expressed his opinion on the need for a list of rights to James Madison.Madison wrote a list of amendments and 10 were ratified into the Constitution.This Bill of Rights became a model around the world to protect human freedoms.

1st AmendmentPersonal Freedom Rights – Protects the most basic rights

Freedom of Religion – No national religion, can not favor one religion, separation of church and state (banned school-sponsored prayer).Freedom of Speech – Express opinions as well as listen to opinions of others, criticize government, this does not allow us to use it to cause harm.Freedom of the Press – Similar to Speech, protects Print or digital material.Freedom of Assembly and Petition – People can come together to protest, people can seek change by going directly to the govt.

2nd Amendment

Right to Bear Arms Protected state militias and their right to own a gun.

A major source of debate today. One side sees this as allowing personal gun use for all, while others see it as only protecting militia and military.

3rd and 4th Amendment

Right to be Secure in own Home3rd - Troops cannot be lodged or “quartered” in private homes without owner’s consent.4th - Prevents search without a warrant granted by probable cause.These protect our privacy within our own homes.

5th, 6th, 7th, & 8th Amendments5th – Right to a trial, double jeopardy (tried twice for same crime), due process (govt. must act within law), self incrimination (right to not testify against oneself – “I plead the 5th”).6th – Right to an attorney, speedy and public trial, right to see all witnesses.7th – Right to trial by jury for certain crimes8th – Forbids excessive fines and cruel or unusual punishment.

9th & 10th AmendmentsAuthors of the Bill of Rights did not want to imply that these were our only rights. So these two ensure our rights not mentioned. 9th – This is the catch all right – Some examples: Privacy and Political activity.10th – Gives states the right to act independently of the Federal govt. to protect citizens’ rights.

Civil Rights

In early years, our civil rights were left up to the states.It took the Civil War to make amendments to extend Civil Rights to the Federal govt.In 1789, only people who could vote were white, male land-owning citizens. As attitudes changed, so did the Constitution.

13th and 14th Amendment13th – Lincoln issued Emancipation Proclamation, which freed slaves in Confederate States, but the 13th Amendment freed ALL slaves.14th – Gave African Americans full citizenship, and all citizens equal protection under the law. Not the right to vote. It also extended the 5th amendment to the states.

Voting RightsThe Constitution mentioned no voting rights. Most states prevented women, African-Americans, poor people, and some other groups from voting.Between 1870 and 1971 amendments were passed to extend suffrage (right to vote) to ALL U.S. citizens

15th Amendment15th – 1870 No MAN could be denied suffrage due to race or skin color. Many states passed other laws to prevent African Americans from voting, enforced by violence.

Poll Taxes – Charged to register to vote.Literacy Test – Have to read and write to vote; most African Americans were not allowed to learn to read and write.Grandfather Clause – If your grandfather did not vote, you could not vote.

19th & 23rd Amendments19th – Many people, including women felt that women were not wise enough to choose a candidate or smart enough to comprehend the issues. A women’s suffrage movement began in the mid 1800s and finally saw the 19th Amendment passed in 1920.23rd – Gave citizens of Washington, D.C. the right to vote in 1961. They had been denied suffrage since the founding of the district in the late 1700s.

24th & 26th Amendments24th – Many states issued a Poll Tax, which charged people to register to vote, in a way to deny many African Americans and poor people the right to vote. 24th outlawed poll taxes in ALL elections.26th – Many young Americans were drafted into the Vietnam War. They were forced to fight and possibly die, but could not vote. In 1971, voting age lowered to 18.