Download Name: Social Studies Seven/PD

Name: ____________________________
Due Date: Friday 2/26/15
Social Studies Seven/PD: _____
HW – The Bill of Rights
The Bill of Rights
Background
During the struggle to convince the state legislatures to ratify (approve) the Constitution, the
Federalists agreed to add a bill of rights to the Constitution in return for support from Anti-Federalists in
the state legislatures. Anti-Federalists had objected to the fact that the new national Constitution of the
United States did not contain a bill of rights even though all of the state constitutions had included bills of
rights. Their arguments were supported by the people and the Federalists promised to add a bill of rights to
the Constitution as soon as the new government was formed and went into operation.
On June 8, 1789 James Madison (then a representative from the State of Virginia) introduced 39
amendments to the Constitution. In the end, these were reduced to twelve amendments that would be
submitted to the states for ratification. On December 15, 1791 ten of the twelve amendments were ratified
by the states and officially added to the Constitution (one proposed amendment was never ratified while the
remaining proposed amendment was finally ratified as the 27th Amendment in 1992). These first ten
amendments are collectively known as the “Bill of Rights” and represent, in the opinion of Madison,
natural rights that all citizens are born with.
Passage
First Amendment:
Freedoms of Religion, Press, Assembly, Speech, and Petition. The right of the people to worship,
speak out (in verbal or print form), assemble, and to petition the government may not be taken away
or restricted.
Second Amendment:
Right to Bear Arms. The people have a right to bear arms (own firearms) for the purpose of keeping a
“well-regulated militia”.
Third Amendment:
Lodging Troops in Private Homes. The government can not place soldiers in the homes of civilians
without their permission (in peace) or against set laws during a time of war.
Fourth Amendment:
Search and Seizure. Private homes and properties may not be searched without reason and warrants
for searches must state a probable cause (strong reason for the need to search).
Fifth Amendment:
Rights of the Accused. No citizen may be tried for a crime without a trial by jury (unless serving in
the military) and no person may be tried for the same crime twice – “double jeopardy”. In addition,
no person may be forced to be a witness against him/herself, or deprived of life, liberty, or property
without due process of the law and just compensation (repayment).
Sixth Amendment:
Right to a Speedy trial by Jury. All citizens must be given a public trial within a reasonable period of
time. Those accused of crimes must be informed of the charges against them, given the right to call
witnesses, and given the right of counsel for defense (a lawyer).
Seventh Amendment:
Jury Trial in Civil Cases. All citizens have the right to a trial by jury in any case where the value is
greater than $20.
Eighth Amendment:
Bail and Punishment. Bail and fines must not be excessive for the crime committed and cruel and
unusual punishment may not be used against those accused of crimes.
Ninth Amendment:
Powers Reserved to the People. The people have rights that are not listed in the Constitution and the
Constitution may not be used to limit the rights of the people.
Tenth Amendment:
Powers reserved to the States: Any power that is not given to the federal government belongs to the
state governments.
The Bill of Rights
Name: ___________________________________
1.
PD: _____
How does the First Amendment protect the most basic “freedoms” of all American citizens?
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2.
How did the Third and Fourth Amendments reflect the concerns of citizens who had been
born in America before the Revolutionary War?
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3.
The Fifth through Eighth Amendments all address the legal rights of American citizens.
How do these amendments protect citizens against abuses by the government (give at least two
examples).
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4.
How does the Constitution make certain the citizens can receive new rights?
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5.
How did the Constitution reassure the states that it would not destroy their powers?
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