The Bill of Rights
The First 10 Amendments to the Constitution
• Take notes on the
slides as they
appear.
• Draw pictures to
represent at least
five of the
amendments.
1st Amendment
• The 1st Amendment guarantees freedom of
religion, speech, the press, assembly, and petition.
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This means that we all have the right to:
practice any religion we want to
to speak freely
to assemble (meet)
to address the government (petition)
to publish newspapers, TV, radio, Internet (press)
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
2nd Amendment
• The 2nd
Amendment
protects the right
to bear arms, which
means the right to
own a gun.
•
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.
3rd Amendment
• The 3rd Amendment says “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.”
• This means that we cannot be forced to
house or quarter soldiers.
4th Amendment
• The 4th Amendment protects the people
from unreasonable searches and seizures.
• This means that the police must have a
warrant to enter our homes. It also means
the government cannot take our property,
papers, or us, without a valid warrant based
on probable cause (good reason).
5th Amendment
• The 5th Amendment protects people from
being held for committing a crime unless
they are properly indicted, (accused)
• You may not be tried twice for the same
crime (double jeopardy)
• You don‟t have to testify against yourself
in court. (Self-incrimination)
6th Amendment
• The 6th Amendment
guarantees a speedy trial
(you can‟t be kept in jail for
over a year without a trial)
• an impartial jury (doesn‟t
already think you are guilty)
• that the accused can
confront witnesses against
them
• the accused must be allowed
to have a lawyer
7th Amendment
• The 7th Amendment guarantees the
right to a speedy civil trial.
• A civil trial differs from a criminal trial. A
civil trial is when someone sues
someone else. A criminal trial is when
the state tries to convict someone of a
crime.
8th Amendment
• The 8th
Amendment
guarantees that
punishments will be
fair and not cruel,
and that
extraordinarily
large fines will not
be set.
9th Amendment
• All rights not stated in the Constitution
and not forbidden by the Constitution
belong to the people.
• This means that the states can do what
they want if the Constitution does not
forbid it.
10th Amendment
• The 10th Amendment states that any
power not granted to the federal
government belongs to the states or
to the people.
Court Cases and the Bill
of Rights
» The following set of slides contain actual
court cases. Read the notes from the
case and decide what amendment from
the Bill of Rights the case involves.
» Write down the name of the case the in
your notebook, what Amendment is
involved, and why it is that Amendment.
Coach John
» Coach John is a well-established
businessman that has had no prior
criminal convictions. For the last
five years, he has been purchasing
handguns for his personal
collection. He has obtained them
legally and has a permit to have
them in his possession.
Brittany Hafner
» Brittany Hafner was pulled over for a
minor traffic violation. When the police
officer checked her license, he found out
that she did not show up for court when
requested on a previous occasion. As a
result Brittany was arrested and her bail
was set at $1 million dollars. Which
amendment was violated as a result of
Brittany’s arrest and detention?
Danny Montemayor
» Danny Montemayor is a recent graduate of the
local university in a small town. During his
attendance at the university, he noticed that the
local police often break up student gatherings
and demonstrations for the university. As a
result of the police department’s actions, Danny
wants to start a newspaper. However, a local
judge has ordered the police to arrest Danny if
he attempts to distribute any publications that
question the police. What amendment are the
police and judge violating? Why?
Local Gang
» Members of a local gang have been
positively identified as the criminals in a
recent robbery. The police know where
the gang members store the stolen
goods. However, they need a warrant
before they can reclaim the stolen goods.
Which amendment are the police trying
to avoid breaking?
PRICE v. GEORGIA, 1970
» PRICE WAS CONVICTED OF
MANSLAUGHTER ALTHOUGH THE STATE
HAD CHARGED HIM WITH MURDER.
PRICE APPEALED HIS CONVICTION AND
HAD HIS CONVICTION SET ASIDE BY A
GEORGIA APPELLATE COURT. PRICE
WAS RETRIED AGAIN FOR MURDER.
THE JURY AGAIN CONVICTED PRICE OF
MANSLAUGHTER, AND PRICE APPEALED
THIS CONVICTION.
MAPP v. OHIO, 1961
» THE POLICE WHO CONDUCTED A
WARRANTLESS SEARCH OF MAPP’S
RESIDENCE WERE LOOKING FOR
EVIDENCE OF A BOMBING AND FOR
MATERIALS ASSOCIATED WITH
GAMBLING. INSTEAD, THEY FOUND
“OBSCENE” MATERIALS. THE
MATERIALS WERE CONFISCATED, AND
MAPP WAS SUBSEQUENTLY CONVICTED
FOR THEIR POSSESSION.
STEAGALD v. UNITED
STATES, 1981
» FEDERAL AGENTS, POSSESSING AN ARREST
WARRANT FOR RICKY LYONS, WENT TO THE
HOME OF GARY STEAGALD IN SEARCH OF
LYONS. THOUGH THE OFFICERS FAILED TO FIND
LYONS, THEY DID FIND EVIDENCE IN THE
HOUSE THAT LEAD TO THE ARREST AND
CONVICTION OF STEAGALD. STEAGALD WILL
APPEAL HIS CONVICTION BASED UPON WHAT
GROUNDS?
THE NEW YORK STATE
BOARD OF REGENTS
» THE NEW YORK STATE BOARD OF REGENTS,
WHICH OVERSEES PUBLIC SCHOOLS IN NEW
YORK, RECOMMENDED TO SCHOOL DISTRICTS
THAT THE SCHOOL DAY BEGIN WITH A PRAYER
CHOSEN BY THE BOARD, ALTHOUGH NO PUPIL
WAS TO BE FORCED TO RECITE IT. THE PRAYER
WAS AS FOLLOWS: “ALMIGHTY GOD, WE
ACKNOWLEDGE OUR DEPENDENCE ON THEE,
AND WE BEG THY BLESSINGS UPON US, OUR
PARENTS, OUR TEACHERS AND OUR COUNTRY.”
GIDEON v.
WAINWRIGHT, 1963
» GIDEON WAS CHARGED WITH A
PROPERTY FELONY IN FLORIDA. HE
WAS UNABLE TO FIND HIS OWN LAWYER
AND REQUESTED THAT THE COURT
APPOINT HIM ONE FOR HIS TRIAL. THE
REQUEST WAS DENIED, AND GIDEON
WAS CONVICTED AND SENTENCED TO
FIVE YEARS IMPRISONMENT.
Amending the Constitution
How a Bill becomes a Law
(in 11 not so easy steps)
Step 1: Bill is Introduced
• Bill is placed in the „Hopper‟
• The Bill is given a label
– Bills in the House are labeled „H.R.‟
• Ex: HR117
– Bills in the Senate are labeled „S‟
• Ex: S210
Step 2: Bill is assigned to a
committee
• Speaker of the House assigns the bill to
a standing committee
– Ex: a bill dealing with electric cars would
be sent to the Energy and Commerce
committee
Step 3: The bill is debated
in Committee
• The majority party gets to chair the committee
and will usually have a majority of the seats
on the committee
• The committee acts as a filter, deciding which
legislation makes it to the House floor
• Bill can be recommended, pigeonholed,
amended, or changed altogether
• The vast majority of bills are „pigeonholed‟:
put away, never to be acted on
• If the committee reports the bill favorably it
goes to……..
Step 4: The House Rules
Committee
• If the House Rules committee schedules the
bill, it will be heard by the entire House
• The Rules Committee sets „rules‟ for the bill
(ex: how long it can be debated, etc.)
• If they don‟t grant a rule for the bill, the bill
dies
Step 5: The House votes on
the bill
• Types of votes:
– Voice votes (Ayes and Nays)
– Standing vote
– Teller vote
– Roll call: electronic
If the Nays win, the bill is dead
If the Ayes win………
Step 6: Bill is sent to the
Senate
• Bill goes first to the desk of the
President Pro Tempore of the Senate
Step 7: Bill is assigned to a
Senate Committee
• As in the House, the Bill can be
recommended, pigeonholed, amended,
or changed altogether
Step 8: The Senate votes on
the bill
• Watch out for the FILIBUSTER!
– In the Senate, a Senator can talk as long as he or she
wants to. This is usually done to stop the vote on a
bill. It was used a lot during the Civil Rights
movement by southern Senators
Senator Strom Thurmond of SC
holds the record for longest single
filibuster: 24 hours and 18 minutes
to block a Civil Rights bill in 1957
If the Bill passes the Senate……..
Step 9: Bill is sent to
Conference Committee
• The Conference Committee is a JOINT
committee of members of both the
HOUSE and the SENATE. They have to
work out the wording of the bill so that
the House and Senate versions are
EXACTLY the same
• If they can‟t agree, the Bill is dead
• Once they have agreed, the bill goes
back to both chambers for ANOTHER
vote
Step 10: The Bill is sent to
the President
• The President can:
– Sign it. It becomes law
– Veto it. It goes back to the Congress for possible
override
– Do nothing. After 10 days, it becomes law
– Pocket veto: If Congress adjourns in less than 10
days and the President hasn‟t signed it, it dies.
If the President decides to
sign it….
Step 11: The Bill is signed
by the President…
Congratulations Bill………
now you’re a LAW!