Decoding The Bill of Rights

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Transcription:

The Preamble to The Bill of Rights Decoding The Bill of Rights Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine. (On March 4, 1789, the Congress of the United States held its first meeting in New York City.) THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. (The conventions of many states wanted additions made to the Constitution to make sure that the government did not abuse its powers.) RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz. (Two-thirds of the Senate and the House of Representatives voted that the amendments below should be proposed to the state legislatures and become part of the Constitution if three-fourths of the state legislatures approved them.) ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution. Note: The first ten amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights." (The Bill of Rights or the first ten amendments of the Constitution was approved on December 15, 1791.) Amendment I 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. (Congress cannot pass laws that establish a specific religion for Americans, forbid Americans from practicing their own religions, or interfere with Americans freedom of speech, press, the right to gather peacefully, or the right to express disagreement with the government.) Amendment II 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. (Americans have a right to bear firearms or guns legally.) Amendment III 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 government cannot force Americans to keep soldiers in their homes during times of peace.) Amendment IV 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. (Americans cannot have their personal property searched without a proper warrant and just cause.)

Amendment V 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 offence 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. (Americans cannot be forced to be witnesses against themselves; Americans cannot be tried for the same crime twice; Americans cannot be deprived of life, liberty or property without a proper trial.) Amendment VI 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 defence. (Americans deserve the right to a fair trial, which includes an impartial jury, an opportunity to question witnesses against them and to find witnesses in favor of them, and access to an attorney.) Amendment VII 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. (Civil, or non-criminal suits, must be tried by jury.) Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (When accused of crimes, Americans are protected from excessively high bail amounts or fines and from brutal punishments.) Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (Americans are entitled to enjoy additional rights and freedoms not included in the ten amendments.) Amendment X 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. (Powers not granted to the Federal government belong to the states and the people.) Source: http://www.constitutioncenter.org/ncc_edu_text_of_the_constitution.aspx

Bill of Rights Bingo Playing Card Instructions: Fill out each of the 16 spaces with one of the first ten amendments found in the Bill of Rights. You will need to repeat several amendments in order to fill in all the spaces, but be sure to use each amendment at least once.

Bill of Rights Bingo Scenarios Scenario #1: The death penalty is only legal in certain states and can only be used in cases of homicide. [Amendment 8] Scenario #2: Before entering a suspect s home, a police officer shows a search warrant. [Amendment 4] Scenario #3: A registered voter receives a summons to report for jury duty. [Amendment 6 or 7] Scenario #4: In 1965, the Supreme Court found that couples have a right to marital privacy, which is not specifically mentioned in the Constitution. Scenario #5: A group of people assemble on the National Mall in Washington, D.C., to demand the withdrawal of U.S. troops from Afghanistan. [Amendment 1] Scenario #6: When being interrogated by police, a person refuses to answer certain questions and chooses to remain silent. [Amendment 5] Scenario #7: When a passenger sues a city transportation authority because she sustained neck injuries, the case is decided by a jury, not by a judge. [Amendment 7] Scenario #8: In Pennsylvania, a person has to be at least 16 years old to apply for a learner s permit for driving; in Alaska you can apply at age 14. [Amendment 10] Scenario #9: A teenager goes duck hunting with her father in October. [Amendment 2] Scenario #10: During election season, a local newspaper publishes an editorial endorsing one candidate over another. [Amendment 1] Scenario #11: A person accused of murder cannot afford to hire a lawyer and is assigned a public defender. [Amendment 6] Scenario #12: In 2000, members of the Ku Klux Klan organized a rally outside of a courthouse in Skokie, Illinois, a historically Jewish town. [Amendment 1] Scenario #13: A student chooses to sit silently in his seat during the Pledge of Allegiance. [Amendment 1] Scenario #14: In 1982, the Second Circuit Court of Appeals ruled against the State of New York for evicting striking correctional officers and allowing members of the National Guard to live in their housing instead. [Amendment 3] Scenario #15: A family displays a Nativity scene on the front lawn during Christmas. [Amendment 1] Scenario #16: A police officer administers a Breathalyzer test because she has probable cause that the drive has been drinking.

BILL OF RIGHTS SCENARIO CARDS SCENARIO 1 Gennie, an eighteen-year-old college student, is arrested for stealing a classmate s designer sweater and selling it on ebay. When Gennie appears before the judge, she asks for a lawyer to help defend her. The judge tells Gennie that if she is smart enough to be in college, she knows enough to defend herself. Besides, she is not charged with a felony, so the stakes are not very high. Carolyn is arrested for shoplifting a candy bar from a grocery store. At trial, she is found guilty. The judge decides that the right punishment is to cut off Carolyn s hands so she will not be able to shoplift again. Brett s science teacher asks the class to exchange papers to correct last night s homework. Brett refuses to let anyone except the teacher see his homework paper, and is sent to the principal. Susette bought a house and spent years restoring it. She loves her home. One day, she gets a notice that the local government is going to take her property in order to turn her land over to a private company. The local government says it can take Susette s home because the new jobs and tax revenue created by the company will benefit the public. Congress wants to find ways to cut costs because of the soaring budget deficit. Congress passes a law to require American citizens to house US soldiers in their homes during peacetime. Concerned about rising crime, lawmakers for the District of Columbia ban all handguns in the city, and require that shot-guns be kept unloaded and/or disassembled. SCENARIO 3 John, a fourteen-year-old public school student, wears a shirt to school that says, Be happy, not gay to express his belief that homosexuality is wrong. His dean tells him he must change his shirt or be suspended from school. John refuses, and is suspended for a week. A man suspected of a violent crime is brought in to the police station. The alleged victim picks him out of a lineup as the man who attacked her. Police inform him that he has the right to refuse to answer questions, but they do not offer to let him speak to a lawyer. After being questioned for two hours, the man admits the crime. Members of Congress are unhappy with students standardized test scores. They pass a federal law that abolishes local school boards and requires a national, standardized curriculum.

Thirteen-year-old Marianne is a freshman in high school. She is an honor student and wants to sing in the choir. When she arrives at choir practice, the teacher tells her she must take a drug test if she wants to participate in any extra-curricular activities. Marianne refuses and is kicked out of choir. Elizabeth is twelve years old. Her parents are very religious, but she is not. Once a week, Elizabeth s parents make her come with them to their place of worship. Elizabeth always says she does not want to go, but her parents make her come with them anyway. A public school principal smells smoke in the hallway, and believes it is coming from the girls bathroom. She walks into the bathroom and finds Susan standing by the sink. She suspects Susan has been smoking, and demands to search her purse for cigarettes or other evidence of smoking.