Overview
The Constitution gave our government form, but it did not specifically
spell out the rights of the individual. This section is about the
10 amendments that make up the Bill of Rights, plus other amendments.
This resource page and a PowerPoint presentation give information
about the Bill of Rights and the amendments. In the lesson plans,
student groups are asked to rewrite the amendments using vocabulary
that they can understand. The groups can make a poster of one of
the amendments and challenge the class to determine which amendment
the poster portrays. The last lesson gives a series of scenarios
where students have to determine which amendment is being discussed.
What, Why and When
Remember that after declaring our freedom (Declaration of Independence),
the colonies had to form a government. That first government, as
defined in the Articles of Confederation, did not work, so in 1787
the founders of our government put together a new form of government,
which was defined in the Constitution.
Not everyone was in favor of the Constitution because it did not
list the specific rights that the people of the country had. The
Constitution was created in a way that allowed changes, called amendments,
to be made to it. In 1791, the Bill of Rights, which addressed these
changes, was approved and added to the Constitution in order to
help get the Constitution approved by the states. The Bill of Rights
lists the first 10 amendments to the Constitution and guarantees
individual rights and protections by specifically stating what the
government cannot do to people.
The First Amendment: Freedom of Speech, Freedom
of the Press and Freedom of Religion
“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 people peaceably to assemble, and to petition
the Government for a redress of grievances.”
The First Amendment provides for the following:
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You are allowed to believe in any religion, provided you do
not break any laws in exercising those beliefs.
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You are allowed to say (freedom of speech) or write and publish
(freedom of the press) whatever you wish — if you are
willing to accept the consequences. For example, if you lie
about someone, it is known as libel (written lies) or slander
(spoken lies). You could be sued in court for libel or slander.
-
You are allowed to show your dissent (disapproval or dissatisfaction)
with government by holding a protest, but it must not break
any laws.
The Second Amendment: The 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.”
Consider these issues when thinking about the Second Amendment:
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Do you have the right to own any weapon?
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Militia is the same as the Army. Should only military people
own weapons?
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What is a weapon? A handgun? A rifle? An assault rifle? A
tank? An F-16 fighter jet? Biological or nuclear weapons?
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Most families in America in 1791 had a gun (single-shot) of
some sort in the home (for hunting and/or self-defense).
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The worst weapon known to man in 1791 (when the Bill of Rights
was approved) would have been a cannon. At the time, a cannon
loaded with a canister (a small cylinder containing dozens of
small lead balls) might kill 20 or so soldiers with a single
blast.
-
Currently most states allow ownership of handguns and rifles.
Many states do not allow for assault rifles.
The Third Amendment: Quartering
“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 Third Amendment was created in response to British laws that
were in place before the Revolution. The British were allowed to
house troops in homes of colonists against the colonists’
wills. Today this doesn’t really affect us much, but it is
important because it shows that we have a right to privacy in our
homes.
The Fourth Amendment: Search and Seizure
“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.”
This amendment restricts government officials such as the police
from stopping and searching you unless there is probable cause.
Consider these scenarios:
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If the police stop you for a traffic violation, can they search
your car?
-
Can your parents allow your room to be searched against your
will?
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Can the school search your locker?
-
When is a warrant needed? (A warrant must be specific as to
the object to be searched for and the place to be searched.
It also must be signed by a judge.)
The Fifth Amendment: Due Process, Double
Jeopardy and Self-incrimination
“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 to 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 by taken for public use, without
just compensation.”
The following descriptions help to explain the intent of the Fifth
Amendment:
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Due Process: Steps taken from a person’s
arrest to the time of trial must be fair. Arraignment —
meaning that you face a judge who will tell you what you are
charged with and ask you how you plead — must occur shortly
after arrest.
-
Double Jeopardy: You cannot be tried for the
same exact crime more than one time once a verdict is reached
in court.
-
Self-incrimination: You do not have to answer
questions, either from the police or in court, that might make
you look guilty. Police must state the Miranda warning at the
time of arrest. This warning states in part, “You have
the right to remain silent. Anything you say can be used against
you in a court of law.”
The Sixth Amendment: Right to a Speedy Trial,
a Public Trial, a Jury Trial, a Subpoena and an Attorney
“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.”
Following are explanations of the rights covered in the Sixth Amendment:
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Right to a Speedy Trial: Once indicted by
a grand jury, a trial must happen as soon as possible.
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Right to a Public Trial: A trial must happen
in a public court where the court proceedings may be known to
the public.
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Right to a Jury Trial: A trial must have
a jury made up of everyday people. The jury must reach a unanimous
decision (12-0), or a mistrial can result.
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Right to Subpoena: A subpoena is a court-ordered
paper requiring you to testify in court. It is illegal to refuse
to testify if you are issued subpoena.
-
Right to an Attorney: As stated in the Miranda
warning, police advise, “If you cannot afford an attorney,
one will be provided.”
The Seventh Amendment: Right to a Jury Trial
in Civil Cases
“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 re-examined in any Court of the United States, than according
to the rules of the common law.”
If two people disagree on a contract, or if someone buys something
that doesn’t work, you can take a person or company to court
for a civil case. In civil cases, you are allowed to have a jury
trial. Civil court juries do not rule “guilty” or “not
guilty,” but instead rule in favor of one party or the other.
They also do not need to have a unanimous vote to reach a verdict.
It is possible for you to be tried in criminal court and civil court.
The Eighth Amendment: Cruel and Unusual Punishment
“Excessive bail shall not be required,
nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Bail is money that you pay to get out of jail while awaiting your
trial for a criminal charge. The money is returned to you when you
show up in court. In essence, this amendment states that the punishment
needs to fit the crime. For example, you won’t get fined $10,000
for parking in a tow-away zone. An example of a cruel and unusual
punishment would be using criminals for medical experiments while
they are in prison.
Present-day issues regarding the Eighth Amendment that warrant
discussion include the following:
The Ninth Amendment: Rights to the People
“The enumeration in the Constitution,
of certain rights, shall not be construed to deny or disparage others
retained by the people.”
The Ninth Amendment acknowledges that the American people have
rights that are not even specified in the Constitution or the Bill
of Rights. For example, the Constitution has nothing in it about
what company you can use for your Internet service provider. Therefore,
the government cannot deny you that choice.
The Tenth Amendment: Rights to the State
“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 Tenth Amendment emphasizes the national character of the United
States constitutional system. For example, the Constitution is silent
about driving a car. The power to grant licenses for driving is
a power left to the states. Each state has its own law, which is
why you can drive a car by yourself at age 15 in South Carolina,
but have to wait until age 16 in Ohio.
A PowerPoint presentation with this information is available at
http://www.WesternReservePublicMedia.org/constitution. |
