Bill of Rights

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Review

Are There Two Missing?

James Madison originally proposed 12 amendments, but only 10 of the 12 passed. However, one of the failures resurfaced and was passed as the 27th Amendment.

Federalist vs Anti-Federalist Review

The Anti-Federalists did not want to pass the Constitution because...

• 1. There was no bill of rights.
• 2. It gave too much power to the national government at the expense of the state governments.
• 3. The national government could maintain an army in peacetime.
• 4. Congress, because of the `necessary and proper clause,' wielded too much power.
• 5. The executive branch held too much power

Federalists wanted the passing of the Constitution because...

• 1. Articles of Confederation were weak and ineffective.
• 2. National government needed to be strong in order to function. Powers in foreign policy needed to be strengthened while excesses at home needed to be controlled.
• 3. Strong national government needed to control uncooperative states.
• 4. Men of experience and talent should govern the nation. "Mobocracy" threatened the security of life and property.
• 5. National government would protect the rights of the people.

The First Amendment

The Tenth Amendment

The Ninth Amendment

Why a Bill of Rights?

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.

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

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.

James Madison, "the father of the Constitution drafted the Bill of Rights in 1789, but they were ratified in 1791.

The fate of the Constitution was determined by each state's ratifying conference. Amidst all the lobbying and arguing, a deal was made between the two sides. If the Constitution was passed, the First Congress would amend the Constitution to add a Bill of Rights.

The Second Amendment

The Eighth Amendment

This Lesson's Objective

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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.

To be able to write the main purpose of 7 out of the 10 amendments in the Bill of Rights, without the use of this lesson or a Constitution.

Bill of Rights

Amendments 1 - 10

The Seventh Amendment

The Third Amendment

Lesson Assesment

Take out a piece of paper and write the numbers 1 through 10 on it. Without using any notes or Constitutions, write the main purpose of each amendment. If you cannot recall the purpose of one of the amendments leave it blank.

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 reexamined in any court of the United States, than according to the rules of the common law.

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.

The Sixth Amendment

The Fourth 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 wherein 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.

The Fifth 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.

No person shall be held to answer for a 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 offense 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.

The Fif Amendment

The no self incrimination part of the Fifth Amendment has been shown numerous times in TV and movies. For Example, Dave Chappelle's skit on the Fifth Amendmetn