07-04 BILL OF RIGHTS.doc
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THE BILL OF RIGHTS
The first ten amendments to the Constitution
(Source: http://regentsprep.org/Regents/ushisgov/themes/government/amendments.htm)
Amendment
1
Freedoms
2
Right to Bear Arms
Right(s)
Freedom of Religion
Freedom of Press
Freedom of Speech
Freedom of Assembly
Separation of Church and State
(no national religion)

Right to keep and bear arms

Right to protection from troops
being quartered in homes during
peacetime

Right against unreasonable
British troops often searched
search and seizure
Warrants require cause and must houses and property whenever
they wanted to.
be specific



5
Rights of the
Accused
The English government had
blocked speech, assembly and
press rights to try to stop the
growing protests in the
colonies. Also, many early
settlers (such as the Pilgrims)
came to America in search of
religious freedom.
Before the American
Revolution, the British tried to
stop militia activity, because
they were worried about
preparations for a coming
revolution.
Before the Revolution, the
English Parliament passed the
Quartering Act. This law forced
the colonists to let British
troops stay in their houses.





3
No Quartering
4
Search and Seizure
Historic Roots



Accused must be indicted by a
Grand Jury
Cannot be tried for the same
crime twice (double jeopardy)
Cannot be forced to testify
against yourself
Right to a fair trial with all proper
legal rights enforced (due
process)
Right to fair compensation ($$)
when the government takes your
property for public use
Many accused under British law
in the colonies, were jailed
without being accused of a
crime. It was also not unusual
for a person in the colonies to
be tried under the laws of
Britain, instead of the local laws
passed within the colonies.
Amendment
Right(s)

6
More Rights of the
Accused
7
Rights in a Civil Case
8
Cruel and Unusual
Punishment
9
Unenumerated
Rights
10
Reserved Rights





Right to be informed of the
charges against you
Right to a speedy and public trial
Right to an impartial jury
Right to face witnesses against
you in court
Right to counsel (a lawyer)
Right to call witnesses in your
defense

Right to a trial by jury in a civil
case (non-criminal case)

Right to protection against cruel
and unusual punishment
Right to protection against
excessive bails and fines


Guarantee that rights not
enumerated (listed) in the
Constitution are still protected

Guarantee that the people and
the states have all of the powers
not specifically delegated the
federal government (reserved
powers)
Historic Roots
In the era before the American
Revolution, British courts could
keep a suspect in jail without
accusing him/her of a crime or
bringing them into a court of
law. Many suspects sat in
prison for years awaiting trial,
only to be found innocent and
released.
This provision protected the
idea of trial by jury (a
fundamental notion in both
English and American law) and
extended it to all cases private
or public.
English colonial courts did not
enforce the law evenly or fairly
in the eyes of many.
Outrageous fines were charged
for small offenses and long
prison sentences were given
colonists who were seen as
troublemakers for even the
most minor offenses.
The founding fathers wanted to
be certain that rights stated in
the Bill of Rights were not
thought to be the only possible
rights.
Many of the founding fathers
feared the domination of the
people and the states by a
powerful federal government.
To insure the containment of
this power, people and states
are granted all the powers that
the federal government is not.