Student Study Guide – Unit 2: Celebrate Freedom Week (Or How The Constitution Protects Our Rights) THE OPENING STATEMENT OF THE DECLARATION OF INDEPENDENCE "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed." THE INFLUENCE OF IDEAS FROM HISTORIC DOCUMENTS ON THE U.S. SYSTEM OF GOVERNMENT The Magna Carta (1215) – This medieval document was drafted by English noblemen who were sick and tired of the perceived abuses of King John of England. It limited the power of the King (our Constitution limits the power of the central government) The Mayflower Compact (1620) – This was written by the Pilgrims and Strangers aboard the Mayflower in 1620. Although they were two separate groups who disagreed on several things, they agreed to establish the idea of self-government and majority rule for their colony. The English Bill of Rights (1689) – This post-Renaissance document was created by the popular King William and Queen Mary of England after the Glorious Revolution of 1688-89, which was a bloodless revolution that took Mary’s father, King James II (a very unpopular English king). It listed the individual rights of English citizens (this became the model for the Bill of Rights in the Constitution, our first 10 Amendments) THE UNALIENABLE RIGHTS The Natural Rights and Unalienable Rights o These are fundamental (basic, essential) rights or natural rights given to people just for being alive, instead of by the law o The Political Perspective – English political philosopher John Locke wrote that human beings have the right to (1) Life, (2) Liberty, and (3) Property. He called these the Natural Rights o The Religious Perspective – The natural rights are seen as being given to human beings by God Himself; they are natural, as in they come from what is believed to be natural for humans [1] The Natural Rights – Credited to John Locke: (1) Life, (2) Liberty, and (3) Property For example, in the Declaration of Independence, American colonist, writer, and politician Thomas Jefferson declared that (1) life, (2) liberty, and (3) the pursuit of happiness SHOULD BE the Unalienable Rights of all human beings, and that these WOULD BE for citizens of the newly-declared United States of America [2] The Unalienable Rights – Credited to Thomas Jefferson, (1) Life, (2) Liberty, and (3) The Pursuit of Happiness Another example would be how our Founding Fathers created [3] the Constitution and the Bill of Rights to limit the government’s power, specifically the power of each of the three branches (executive, legislative, and judicial), so that our rights would be protected from future leaders who may potentially abuse their power and attempt to rule as tyrants, or dictators with absolute authority AMERICAN COLONIAL GRIEVANCES ADDRESSED IN THE BILL OF RIGHTS & U.S. CONSTITUTION Grievance in Declaration of Independence 1. Taxation without representation 2. The King of England has absolute power 3. The Colonists were not allowed to speak out against the King of England 4. The Quartering Act forced the colonists to house and care for troops who were stationed in the colonies Addressed in Constitution All states and citizens have representation in Congress, which makes decisions about taxes Congress has the power to override a Presidential veto (a veto is when the President tells Congress “NO”) 1st Amendment – Freedom of Speech is protected 3rd Amendment – NO Quartering of Troops allowed 5. The British Empire allowed homes of colonists to 4th Amendment – No Unwarranted Search and Seizure of be searched without warrants Private Property 6. The British Empire did not always make sure that colonists received a trial by jury of one’s peers 7th Amendment – Trial by Jury Guaranteed THE RIGHTS AMERICAN CITIZENS ARE GUARANTEED IN THE BILL OF RIGHTS 1st Amendment – The freedom of speech, press, petition, religion, and assembly 2nd Amendment – The right to bear arms for self-defense and legal usage 3rd Amendment – The government is never allowed to force the people to quarter troops during times of peace 4th Amendment – There cannot be any search and seizure without just cause 5th Amendment – The right to due process of law, to not be tried for the same crime twice (double jeopardy), and to not ever have to testify against yourself (these rights are granted to people who have been ACCUSED of crimes) 6th Amendment – The right to speedy and public trial 7th Amendment – The right to trial by a jury of one’s peers in civil trials 8th Amendment – The right not to be required to pay excessive bail and/or cruel and unusual punishment 9th Amendment – Just because the Constitution doesn’t list certain individual rights, that doesn’t mean the people don’t have them (meaning we have rights that are not specifically listed in the Constitution) 10th Amendment – Any rights that are not specifically given to the federal government are reserved for the states and the people (meaning that the government may not overstep its boundaries) THE IMPACT OF THE FIRST AMENDMENT GUARANTEES OF RELIGIOUS FREEDOM ON THE AMERICAN WAY OF LIFE Freedom of Religion in the USA o Americans have the right to be a part of any religion they choose and also worship however they choose (so long as they are not harming anyone) o The government does not have the right to interfere with religious beliefs and personal freedoms (unless someone is being harmed) o There can never be a Government-Required or State-Sponsored Religion – This is what is meant by the Separation of Church and State The government is not allowed to create an official religion for the nation nor is it allowed to tell people that they must be a part of any religion (people may be as religious or as secular as they desire)
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