The Bill of Rights

Background

• Constitution was ratified in 1790

• Anti-federalists’ chief complaints– lacked individual bill of rights protecting

citizens from gov abuse– Author James Madison

• Originally proposed 12 amendments

• 1791 ten were approved

• They became known as The Bill of Rights

AMENDMENT 1: RELIGIOUS AND POLITICAL FREEDOM

• Congress shall make no law establishing a religion, or prohibit free exercise thereof

• Nor prohibit freedom of speech, or the press, or the right to peacefully assemble, or the right to petition the government for a redress of grievances

AMENDMENT 2: RIGHT TO BEAR ARMS

• “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”

AMENDMENT 3: QUARTERING TROOPS

• “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 prescribed by law.”

AMENDMENT 4: SEARCH AND SEIZURE

• The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated

• No warrants without probable cause

AMENDMENT 5: RIGHTS OF ACCUSED PERSONS

• You don’t have to testify against yourself in a court of law (“Take the 5th”),nor can you be tried twice for the same crime (Double Jeopardy)

• Due Process of law must be followed, including Grand Jury review of case

Oliver North took the 5th at the Iran-Contra

hearings

North

AMENDMENT 6: RIGHT TO A SPEEDY, PUBLIC TRIAL

• In all criminal cases, the accused shall enjoy the right to a speedy and public trial, by an impartial jury from where the crime was committed

• The accused will be informed about the nature of the charges, be able to confront witnesses against him, shall be able to have witnesses support him, and shall have the services of a lawyer All accused persons have a

right to be defended by an attorney

AMENDMENT 7: TRIAL BY JURY IN CIVIL CASES

• In civil cases exceeding the value of $20.00, the right of trial by jury shall be preserved

“A jury of your peers”

AMENDMENT 8: LIMITS OF FINES AND PUNISHMENT

• “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” Tar and

feathering

The “Rack”

AMENDMENT 9: RIGHTS OF PEOPLE

• “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”

• Just because of right isn’t mentioned in the Constitution doesn’t mean it can be denied to the people

AMENDMENT 10: POWERS OF STATES & PEOPLE

• “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states . . . or to the people.”

• Any power not delegated to the feds are reserved to the States or to the people.