THE BILL OF RIGHTS
The Bill of Rights has never been one of my strongest subjects. In fact, I can never remember which amendment goes with the number. Therefore, I selected my Content Area Presentation as Social Studies so that I could learn about the Bill of Rights and perhaps make it stick.
The Bill of Rights consists of the first ten amendments to the Constitution of the United States which was enacted in 1783. Our founding father's decided that the Bill of Rights needed to be in place to ensure that basic human rights were preserved. As of right now, July 18, 2012 there are only 27 amendments to the original document of the Constitution of the United States. Pretty remarkable considering that it was written 229 year ago. Perhaps our Founding Fathers got it right the first time.
Before you dive into what amendment really means, why don't you "test" your knowledge with this fun game. I warn you though... try the elementary level first. This game provides the player with real-life scenario's and asks whether or not the situation is constitutional based on the Bill of Rights. Good Luck!
http://www.texaslre.org/BOR/billofrights.html
The First Amendment states:
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.
When you break down the first amendment it guarantee's:
-The separation of church and state
-Freedom of religion
-Freedom of speech and press
-Right to peaceably assemble
When you think about it, our fore fathers were granting rights that had been stripped away from them in other countries. They wanted America and its people to feel free to practice their own religion, to be able to print anything that they felt the public has a right to know, and to make a formal separation of the church and state. These were very large differences from the way that other countries governments were ran.
The Second Amendment states:
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.
When you break down the second amendment it guarantee's:
-The right to keep and bear arms
This is still a hot topic today with President Obama supporting the right to bear arms but with reasonable restrictions.
The Third Amendment states:
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.
When you break down the third amendment it guarantee's:
-It is illegal for the government to force you to provide shelter to a solider in times of peace
The Fourth Amendment states:
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.
When you break down the fourth amendment it guarantee's:
- Right to privacy
- Protection from unreasonable search and seizure
- A Judge has to have probable cause to issue a warrant that is specific on what it allowed to be searched
The Fifth Amendment states:
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.
When you break down the fifth amendment it guarantee's:
- Right of due process
- Protection from self-incrimination
- Protection from double-jeopardy
The Sixth Amendment states:
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.
When you break down the sixth amendment it guarantee's:
- Right to counsel
- Right to a speedy trial
- Right to an impartial jury
The Seventh Amendment states:
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.
When you break down the seventh amendment it guarantee's:
- The right to sue someone if the matter is in value over $20
The Eighth Amendment states:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
When you break down the eighth amendment it guarantee's:
- Protection from cruel and unusual punishment
- Protection from excessive bail and excessive fines
The Ninth Amendment states:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
When you break down the ninth amendment it guarantee's:
- The Rights in the Constitution will not take away from any other rights
The Ninth Amendment is a little tricky because its meaning still comes up for debate today. There was an argument of whether or not to attach the Bill of Rights to the Constitution in 1791 by the Federalists and the Anti-Federalists. The Anti-Federalists supported the Bill of Rights because they feared that the Constitution alone gave the government too much power. Since then the Ninth Amendment has been debated many times and still continues to play a pivotal role in the right to privacy.
The Tenth Amendment states:
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.
When you break down the tenth amendment it guarantee's:
- That Congress only has the powers specified in the Constitution
It sounds really confusing but is really simple when you think about it. Congress cannot exercise more power than the Constitution grants them. This amendment is a good example of what makes our government so unique. It has a checks and balances system to ensure that any one branch of the government is not above the other.
Here is a little hand motions for you to try that might help memorize the Bill of Rights.
Before you dive into what amendment really means, why don't you "test" your knowledge with this fun game. I warn you though... try the elementary level first. This game provides the player with real-life scenario's and asks whether or not the situation is constitutional based on the Bill of Rights. Good Luck!
http://www.texaslre.org/BOR/billofrights.html
The First Amendment states:
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.
When you break down the first amendment it guarantee's:
-The separation of church and state
-Freedom of religion
-Freedom of speech and press
-Right to peaceably assemble
When you think about it, our fore fathers were granting rights that had been stripped away from them in other countries. They wanted America and its people to feel free to practice their own religion, to be able to print anything that they felt the public has a right to know, and to make a formal separation of the church and state. These were very large differences from the way that other countries governments were ran.
The Second Amendment states:
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.
When you break down the second amendment it guarantee's:
-The right to keep and bear arms
This is still a hot topic today with President Obama supporting the right to bear arms but with reasonable restrictions.
The Third Amendment states:
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.
When you break down the third amendment it guarantee's:
-It is illegal for the government to force you to provide shelter to a solider in times of peace
The Fourth Amendment states:
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.
When you break down the fourth amendment it guarantee's:
- Right to privacy
- Protection from unreasonable search and seizure
- A Judge has to have probable cause to issue a warrant that is specific on what it allowed to be searched
The Fifth Amendment states:
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.
When you break down the fifth amendment it guarantee's:
- Right of due process
- Protection from self-incrimination
- Protection from double-jeopardy
The Sixth Amendment states:
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.
When you break down the sixth amendment it guarantee's:
- Right to counsel
- Right to a speedy trial
- Right to an impartial jury
The Seventh Amendment states:
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.
When you break down the seventh amendment it guarantee's:
- The right to sue someone if the matter is in value over $20
The Eighth Amendment states:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
When you break down the eighth amendment it guarantee's:
- Protection from cruel and unusual punishment
- Protection from excessive bail and excessive fines
The Ninth Amendment states:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
When you break down the ninth amendment it guarantee's:
- The Rights in the Constitution will not take away from any other rights
The Ninth Amendment is a little tricky because its meaning still comes up for debate today. There was an argument of whether or not to attach the Bill of Rights to the Constitution in 1791 by the Federalists and the Anti-Federalists. The Anti-Federalists supported the Bill of Rights because they feared that the Constitution alone gave the government too much power. Since then the Ninth Amendment has been debated many times and still continues to play a pivotal role in the right to privacy.
The Tenth Amendment states:
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.
When you break down the tenth amendment it guarantee's:
- That Congress only has the powers specified in the Constitution
It sounds really confusing but is really simple when you think about it. Congress cannot exercise more power than the Constitution grants them. This amendment is a good example of what makes our government so unique. It has a checks and balances system to ensure that any one branch of the government is not above the other.
Here is a little hand motions for you to try that might help memorize the Bill of Rights.
Each motion deals with using a digit per amendment. So, for the first amendment, you will use only one finger, on the fifth amendment you will use five fingers, etc.
Don't forget to go back and try out your new knowledge on the game that you played at the beginning of the blog. Perhaps you will score better this time! http://www.texaslre.org/BOR/billofrights.html
Sources:
http://www.senate.gov/pagelayout/reference/three_column_table/measures_proposed_to_amend_constitution.htm
http://www.youtube.com/watch?v=82DnWqNKqiI
http://www.usconstitution.net/xconst_Am1.html
http://www.talkleft.com/story/2008/2/16/22186/4153
http://legal-dictionary.thefreedictionary.com/9th+Amendment
http://www.youtube.com/watch?v=82DnWqNKqiI
http://www.usconstitution.net/xconst_Am1.html
http://www.talkleft.com/story/2008/2/16/22186/4153
http://legal-dictionary.thefreedictionary.com/9th+Amendment
