The Constitution established a strong national government and the rights of the states, but there
was no mention of the rights of its citizens. Some of the delegates refused to sign the Constitution until
a bill of rights was written to protect the freedom and rights of the individual. It was promised that a
bill of rights would be attached to the Constitution. These would be the first changes, or amendments,
to the document. James Madison proposed twelve amendments. Only ten were approved by the States.
These first ten amendments to the Constitution are our Bill of Rights.
The First Amendment - states that Congress shall make no law preventing the establishment of
religion or prohibiting its free exercise. Also protected are freedom of speech, freedom of the
press, freedom of assembly, and the right to petition the Government for a redress of grievances.
The Second Amendment - protects citizen's right to bear arms (guns)
The Third Amendment - prevents the government from placing troops in private homes. This was
a real problem during the American Revolutionary War. No troops in our homes.
The Fourth Amendment - this amendment prevents the government from unreasonable search
and seizure of the property of US citizens. It requires the government to have a warrant that was
issued by a judge and based on probable cause. No searches without permission or reason
The Fifth Amendment - The Fifth Amendment is famous for people saying "I'll take the Fifth".
This gives people the right to choose not to testify in court if they feel their own testimony will
incriminate themselves. The right to remain silent
In addition this amendment protects citizens from being subject to criminal prosecution and
punishment without due process. It also prevents people from being tried for the same crime twice.
The amendment also establishes the power of eminent domain, which means that private property
cannot be seized for public use without just compensation. Right to be processed through the
legal system: Example no straight to jail without going through the legal steps.
The Sixth Amendment - guarantees a speedy trial by a jury of one's peers. Also, people
accused are to be informed of the crimes with which they are charged and have the right to
confront the witnesses brought by the government. The amendment also provides the accused the
right to compel testimony from witnesses, and to legal representation (meaning the government
has to provide a lawyer).
The Seventh Amendment - provides that civil cases also be tried by jury.
The Eighth Amendment - prohibits excessive bail, excessive fines, and cruel and unusual
punishments.
The Ninth Amendment - states that the list of rights described in the Constitution is not
exhaustive, and that the people still have all the rights that are not listed.
The Tenth Amendment - gives all powers not specifically given to the United States government in
the Constitution, to either the states or to the people.
CASE SCENARIO 1
Gennie, an eighteen year old college
student, is arrested for stealing a
classmate’s designer sweater and
selling it on eBay. When Gennie
appears before the judge, she asks
for a lawyer to help defend her.The
judge tells Gennie that if she is smart
enough to be in college, she knows
enough to defend herself. Besides, she
is not charged with a felony, so the
stakes are not very high.
CASE SCENARIO 2
Carolyn is arrested for shoplifting a
candy bar from a grocery store. At
trial, she is found guilty. Th¬e judge
decides that the right punishment is
to cut off Carolyn’s hands so she will
not be able to shoplift again.
CASE SCENARIO 3
Congress wants to find ways to cut
costs because of the soaring budget
deficit. Congress passes a law to
require American citizens to house
US soldiers in their homes during
peacetime.
CASE SCENARIO 4
Brett’s science teacher asks the class to
exchange papers to correct last night’s
homework. Brett refuses to let anyone
except the teacher see his homework
paper, and is sent to the principal.
CASE SCENARIO 5
Concerned about rising crime,
lawmakers for the District of
Columbia ban all handguns in the
city, and require that shot-guns be
kept unloaded and/or disassembled
CASE SCENARIO 6
John, a fourteen year old public
school student, wears a shirt to school
that has an ethnic slur on the front.
His dean tells him he must
change his shirt or be suspended
from school. John refuses, and is
suspended for a week.
CASE SCENARIO 7
Thirteen year old Marianne is a
freshman in high school. She is an
honor student and wants to sing in
the choir. When she arrives at choir
practice, the teacher tells her she
must take a drug test if she wants to
participate in any extra-curricular
activities. Marianne refuses and is
kicked out of choir.
CASE SCENARIO 8
A man suspected of a violent crime
is brought in to the police station.
¬e alleged victim picks him out of a
lineup as the man who attacked her.
Police inform him that he has the
right to refuse to answer questions,
but they do not offer to let him speak
to a lawyer. After being questioned
for two hours, the man admits the
crime.
CASE SCENARIO 9
Elizabeth is twelve years old. Her
parents are very religious, but she
is not. Once a week, Elizabeth’s
parents make her come with them
to their place of worship. Elizabeth
always says she does not want to go,
but her parents make her come with
them anyway.
CASE SCENARIO 10
A public school principal smells smoke
in the hallway, and believes it is coming
from the girls’ bathroom. She walks
into the bathroom and finds Susan
standing by the sink. She suspects
Susan has been smoking, and demands
to search her purse for cigarettes or
other evidence of smoking.