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UNIT II
CITIZENSHIP DUTIES, RIGHTS, AND LIBERTIES
Lesson 6
What are a U.S. citizen’s rights? What are civil liberties? Where do they come from?
SS.7.C.2.4 Evaluate rights contained in the Bill of Rights and other amendments to the
Constitution.
SS.7.C.3.6 Evaluate Constitutional rights and their impact on individuals and society.
Source
Adapted from lessons by Glenna Humphries, Social Studies Teacher, Broward County School
District and The Bill of Rights Institute at www.billofrightsinstitute.org
Overview
This activity introduces participants to their basic rights and liberties found in the United States
Bill of Rights and the State of Florida Declaration of Rights.
Objectives
 Students will be able to identify their civil rights and liberties.
 Students will be able to illustrate the meaning of the 14 rights found in the United States
Bill of Rights.
Time
 Three 50 minute class periods
Passport Vocabulary
 Civil rights
o The rights belonging to an individual by virtue of citizenship; traditionally refers
to the basic right to be free from unequal treatment based on certain protected
characteristics (i.e., race, gender, disability)
 Civil liberties
o The basic rights that are guaranteed by the Bill of Rights or the Constitution (i.e.,
speech, religion, due process)
 Infringement
o The violation of a right or a law
Strategies
 Compare and contrast
 Consensus-building
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Materials
 Copies of “United States Bill of Rights” worksheet, 1 per student (see below)
 Blank piece of white paper and coloring supplies for each student (see Word file for
example)
 Copies of “Handout A: Which Rights Do I Value Most?” from the Bill of Rights Institute
PDF, 1 per student (see PDF file with this lesson)
 Copies of laminated “Handout B: Scenario Cards” from the Bill of Rights Institute PDF,
1 per student group (see PDF file with this lesson)
 Copies “Comparing Florida’s Declaration of Rights,” 1 per every 2 students (see Word
file with this lesson)
Activities
Day One
1. Begin class by distributing a copy of the “United States Bill of Rights” Worksheet to each
student. Go through each amendment one-by-one and discuss its meaning. You also want to
help students identify the major rights found in each amendment and write them on the lines
provided below.
2. Distribute a sheet of white 8 ½ by 11-inch paper (computer/copy paper) to each student. Have
them fold the piece of paper in half four times so that they create a 4-column/4-row table. They
should position the paper horizontally and then label the boxes as described below.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
First box: The United States Bill of Rights
Second through sixth boxes: Amendment 1
Seventh box: Amendment 2
Eighth box: Amendment 3
Ninth box: Amendment 4
Tenth box: Amendment 5
Eleventh box: Amendment 6
Twelfth box: Amendment 7
Thirteenth box: Amendment 8
Fourteenth box: Amendment 9
Fifteenth box: Amendment 10
Sixteenth box: Student Name
3. In each box, instruct students to draw an image that illustrates the right(s) found in that
amendment. Later on, this can serve as a study guide for a quiz on the Bill of Rights.
4. For homework, give students “Handout A: Which Rights Do I Value Most” from The Bill of
Rights Institute PDF. Present the following scenario and directions:
Hostile forces have invaded the United States and the federal government has been
overthrown. The leader of the new government is a dictator and will allow the American
citizen to keep five of the fundamental liberties guaranteed by the Bill of Rights. Select the
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five that are most important to you. List them along with a paragraph defending your
choices. Complete Handout A for homework.
Day Two
1. Ask students to share and defend some of their responses from Handout A.
2. Try to develop a consensus of the one right that nobody in the class would be willing to give
up (and/or if there is a right that everyone agrees they could live without).
3. Conclude the discussion by reminding students that many of the rights protected in the Bill of
Rights are natural human rights that none of them should live without. The Bill of Rights
protects us from government infringement on those rights.
4. Divide students into 12 groups.
5. Give each group a Scenario Card from “Handout B: Bill of Rights Scenario Cards.” Students
should consult an individual copy of the Bill of Rights and/or their Bill of Rights illustration
chart from the previous day’s activity while working with their group members to answer the
following questions on a separate sheet of paper:
a. What right (if any) is being violated in this scenario?
b. Which amendment (if any) in the Bill of Rights would offer protection against such a
violation?
6. After two or three minutes, have students pass their Scenario Card to the group to their right.
7. Repeat the procedure until each group has seen every Scenario Card.
8. When the groups have concluded with their final card, ask one member of each group to stand
as the group representative for their analysis of their last card. Group representatives should align
themselves in the front of the classroom in Amendment number order to create a living Bill of
Rights (note: some Amendments will have more than one representative in the line).
9. Have each representative read their group’s scenario card and share with the class the
responses they generated with their partner(s).
Day Three
1. Begin class with a brief review of the Bill of Rights. Ask students to take out their Bill of
Rights illustration charts to use as a reference. Then quiz the students on the rights protected in
the U.S. Bill of Rights.
2. After reviewing the U.S. Bill of Rights explain to students that in addition to having rights as
citizens of the United States, they also have rights as citizens of the State of Florida. Let them
know that, just like the United States has a Constitution, so does the State of Florida. And just
like the United States Constitution has a Bill of Rights, the State of Florida Constitution has a
Declaration of Rights.
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3. Pair students up and distribute a copy of the worksheet labeled “Comparing Florida’s
Declaration of Rights to the United States Bill of Rights.” Using their copy of the U.S. Bill of
Rights and their Bill of Rights illustration charts, instruct students to read each right and
determine if that right is also in the United States Bill of Rights. If so, they are to write “Yes” in
the second column and then the number of the Bill of Rights amendment in the third column. If
no, they are to write” No” in the second column and leave the third column blank.
4. When students have finished, go over the worksheet as a class.
5. Then lead a class discussion about the two documents and how they protect citizens’ rights.
Here are some ideas for questions:
a. Are there a lot of repeats between the two documents?
b. If the U.S. Bill of Rights already protects our rights, why would the State of Florida
bother to make its own Declaration of Rights? (*The U.S. Bill of Rights originally
only protected citizens from the federal government.)
c. Which document do you like better? Why?
Extension Suggestion
Assign students to research in pairs one of the topics (e.g., Expression, Religion, or Property)
from the “Bill of Rights in the News Activity” section of the Bill of Rights Institute Web site:
http://www.BillofRightsInstitute.org/article.php?sid=417
Students should write a two-paragraph essay of major positions on the issue and conclude with
their opinions.
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The United States Bill of Rights
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.
______________________________
______________________________
______________________________
______________________________
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.
______________________________
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.
____________________________________________________
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.
_____________________________________________________
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 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.
__________________________________
__________________________________
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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 defense.
_______________________________
________________________
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.
___________________________________
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
__________________________________
__________________________________
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage
others retained by the people.
__________________________________
__________________________________
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.
__________________________________
__________________________________
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KEY
Main rights in the United States Bill of Rights
Amendment 1: religion, speech, press, assembly, petition
Amendment 2: right to bear arms
Amendment 3: no quartering of troops
Amendment 4: no unreasonable search and seizure
Amendment 5: due process, no double jeopardy, no self-incrimination
Amendment 6: speedy and public trial by jury, right to a lawyer
Amendment 7: civil trial by jury
Amendment 8: no excessive bail, no cruel or unusual punishment
Amendment 9: protection of rights not listed in the Bill of Rights
Amendment 10: powers of the states and people
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TEACHER CONTENT KNOWLEDGE RESOURCE
UNIT II
FOUNDATIONS OF AMERICAN GOVERNMENT
Lesson 6
What are a U.S. citizen’s rights? What are civil liberties? Where do they come from?
SS.7.C.2.4 Evaluate rights contained in the Bill of Rights and other amendments to the
Constitution.
Passport Vocabulary
 Civil rights
o The rights belonging to an individual by virtue of citizenship; traditionally refers
to the basic right to be free from unequal treatment based on certain protected
characteristics (i.e., race, gender, disability).
 Civil liberties
o The basic rights that are guaranteed by the Bill of Rights or the Constitution (i.e.,
speech, religion, due process).
 Infringement
o The violation of a right or a law.
This document addresses the following issues:
1. The U.S. Bill of Rights: Substance, Background and Ratification
2. Extension of the Bill of Rights to the States
3. The Florida Declaration of Rights: Substance, Background and Ratification
1. The U.S. Bill of Rights: Substance, Background and Ratification
The “Bill of Rights” is the first ten amendments of the U.S. Constitution; the Bill of Rights
was ratified in 1791. It was intended to protect the people from the federal government abusing
its power, specifically as to the rights of political expression, the rights and protections accorded
individuals accused of crimes, private property protection, and the rights of the people as they
relate to federal and state laws.
While the Bill of Rights was not included in the original U.S. Constitution, the notion that
the federal government would abuse its powers relative to the people was very much a part of the
constitutional debate. The Anti-Federalists, who advocated states ’ rights, decentralized
government, strongly opposed the federal, shared powers arrangement advocated by the
Federalists and reflected in the U.S. Constitution. The Anti-Federalists feared that the failure of
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the Federalists to include rights that would protect the people from the federal government would
result in that government abusing its newly acquired power. The Anti-Federalists suggested a
compromise position where, once the Constitution was ratified, a series of amendments
enumerating specific protections would be considered by the new Congress. The original Bill of
Rights had 17 amendments. These 17 amendments were voted on by the first House of
Representatives. The first Senate voted on the amendments on June 8, 1789, but ratified 12 of
these on September 25, 1789. The 12 amendments were reduced to 10 after Congress’ vote. The
13 states voted on these provisions between November 1789 and December 1791 at which time
the Bill of Rights was formally added to the U.S. Constitution.
The first word of the Bill of Rights, “Congress”, speaks to the focus of the Bill of Rights on
the federal government. Under the Bill of Rights, citizens are guaranteed the right to free speech
and religion, assembly, and the right to petition the government. Citizens are also guaranteed
that Congress will not establish a religion, which is a right related to, though different from,
freedom of religion. The Bill of Rights also protects those accused of a crime in that they are
entitled to due process of law, and are protected from incriminating themselves, “cruel and
unusual” punishment, unreasonable search and seizure and being tried twice for committing the
same crime. The concept of “due process” also includes the right to legal representation in
criminal trials, the right to face one’s accuser, and the right to trial by jury. The Bill of Rights
also protects property rights in that citizens may not be forced to house military personnel during
peacetime and only during wartime by an Act of Congress, and that citizens’ property may only
be taken with “just compensation”.
2. Extension of the Bill of Rights to the States
The Bill of Rights has been subject to extensive interpretation by the U.S. Supreme Court.
Many argue that the most notable interpretation occurred when the high Court decided in Gitlow
v. New York (1925) that the 14th amendment could serve as a tool for applying the Bill of Rights
to state law. The 14th amendment includes “No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United States; nor shall any State deprive
any person of life, liberty, or property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.” The Gitlow case extended the “equal
protection” and “due process” clauses of the Bill of Rights to the states on a selective basis.
Because states may not deny U.S. citizens their due process and equal protection rights under the
14th amendment, U.S. citizens are protected when state laws deny them their rights under the
federal Bill of Rights.
The process where the U.S. Supreme Court interprets state laws according to the
protections established in the Bill of Rights is called “selective incorporation”—the court
“selects” cases dealing with specific laws that, if found to violate the federal Bill of Rights, are
“incorporated” into the Bill of Rights. This holds true even though the Bill of Rights was
intended to protect citizens from the federal government and not the state governments.
Below is a table of key cases where state laws have been found to violate the Bill of
Rights:
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Case
Gitlow v. New York
Near v. Minnesota
Year
1925
1931
Powell v. Alabama
1932
De Jonge v. Oregon
1937
Cantwell v.
Connecticut
Everson v. Board of
Education
In re Oliver
Wolf v. Colorado
1940
Mapp v. Ohio
Robinson v.
California
1961
1962
Gideon v.
Wainwright
Malloy v. Hogan
1963
Pointer v. Texas
1965
Griswold v.
Connecticut
1965
Parker v. Gladden
1966
1947
1948
1949
1964
Klopfer v. North
1967
Carolina
Washington v.
1967
Texas
Duncan v. Louisiana 1968
Benton v. Maryland
1969
Provision
Freedom of Speech
Freedom of the
Press
Right to counsel in
capital cases
Freedom of
assembly
Right to petition
Free exercise of
religion
No establishment of
religion
Right to public trial
Rights against
unreasonable search
and seizure
Exclusionary rule
Right against cruel
and unusual
punishment
Right to counsel in
felony cases
Right against selfincrimination
Right to confront
witnesses
Privacy
Right to impartial
jury
Right to speedy trial
Amendment
First
First
Sixth
First
First
First
Sixth
Fourth
Fourth (and Fifth)
Eighth
Sixth
Fifth
Sixth
First
Third
Fourth
Fifth
Sixth
Ninth
Sixth
Sixth
Right to compulsory Sixth
process
Right to jury trial in Sixth
cases involving
serious crime
Right against double Fifth
jeopardy
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Argersinger v.
Hamlin
1972
Roe v. Wade
1973
Right to counsel in
any criminal case
with potential
sentence of
incarceration
Privacy
Sixth
First
Third
Fourth
Fifth
Sixth
Ninth
3. The Florida Declaration of Rights: Substance, Background and Ratification
The Florida Declaration of Rights was added to Florida’s original 1833 Constitution in
1865. The current Declaration of Rights was included in Florida’s current constitution, which
was ratified in 1968. Since Florida’s current constitution was put into place, the Declaration of
Rights has been amended several times, most recently in 2004. The Florida Declaration of
Rights is Article I, the first section of the current Florida Constitution. Many of the rights
enumerated in the Florida Declaration of Rights are the same as, or similar to, the rights
enumerated in the U.S. Bill of Rights. Recent additions to the Florida Declaration of Rights
include the right to privacy (1998), access to public records and public meetings (2002), a
taxpayer’s Bill of Rights (1992), and fair compensation for medical liability (2004).
REFERENCES
Agel, Jerome B. We, The People - Great Documents of the American Nation. New York, NY:
Barnes & Noble Books, 2000.
Amar, Akhil Reed. America's Constitution - A Biography. New York, NY: Random House,
2005.
Amar, Akhil Reed. The Bill of Rights - Creation and Reconstruction. New Haven, CT: Yale
University Press, 1998.
Bowen, Catherine Drinker. Miracle at Philadelphia - The Story of the Constitutional Convention
May to September 1787. Boston, MA: Atlantic Monthly Press, 1966.
Cullop, Floyd G. The Constitution of the United States - An Introduction. New York, NY: New
American Library, 1999.
Ketcham, Ralph, ed. The Anti-Federalist Papers and the Constitutional Convention Debates.
New York, NY: Penguin Books, 1986.
Levy, Leonard. Origins of the Bill of Rights. New Haven, CT: Yale University Press, 1999.
Padover, Saul; Landynski, Jacob. The Living U.S. Constitution. New York, NY: Meridian, 1995.
Van Doren, Carl. The Great Rehearsal - The Story of the Making and Ratifying of the
Constitution of the United States. New York, NY: Viking Penguin, 1986.
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