LIVING CONSTITUTION
1
The Bill of Rights
and Amendments 11–27
Plan & Prepare
In 1787, Thomas Jefferson sent James Madison a letter about the Constitution.
Objectives
Jefferson wrote, “I will now add what I do not like . . . [there is no] bill of rights.”
He explained his reasons: “A bill of rights is what the people are entitled to
• Summarize issues addressed in the Bill of
Rights and their importance in the U.S.
government
against every government on earth . . . and what no just government should
refuse.“ Jefferson’s disapproval is not surprising. In writing the Declaration of
Independence, he spelled out basic individual rights that cannot be taken way.
These are “life, liberty, and the pursuit of happiness.” The Declaration states
• Identify the issues that Amendments
11–17 address
that governments are formed to protect these rights.
Several states approved the Constitution only if a list of guaranteed freedoms
was added. While serving in the nation’s first Congress, James Madison helped
draft the Bill of Rights. In 1791, these first ten amendments became part of
James Madison played
a leading role in
the creation of the
U.S. Constitution.
Read for the Essential Question
Focus & Motivate
3-Minute Warm-Up
Write on the board or display the transparency:
• Which of the freedoms in the Bill of Rights
have you exercised? What would happen if any
of those freedoms were taken away? (Accept
any rights students list as exercised; Democracy
would be limited in some way.)
KEY QUESTION Why do some individual rights need special protection in
the Constitution?
A M E N D M E N T 1 . Religious and Political Freedom 1791
The Five Freedoms
1. Freedom of Religion
2. Freedom of Speech
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.
3. Freedom of the Press
4. Freedom of Assembly
5. Freedom to Petition
Unit 3 Transparency Book
• 3-Minute Warm-Ups, TT16
More About . . .
The Establishment Clause
The part of the First Amendment that
prohibits the government from setting up a
national religion is called the establishment
clause. In Engel v. Vitale (1962), a group of
parents sued the New York public school
district for writing a “non-denominational”
prayer that students cited at the beginning
of each school day. The Supreme Court
ruled that requiring students to recite the
prayer violated the establishment clause.
In delivering the opinion of the Court,
Justice Hugo Black noted that “. . . this very
practice of establishing governmentally
composed prayers for religious services was
one of the reasons which caused many of
our early colonists to leave England and
seek religious freedom in America.”
286 • The Living Constitution
286 Chapter 0
DIFFERENTIATING INSTRUCTION
English Learners
Pre-AP
Key Academic Vocabulary
Chart the Five Freedoms
Note the word guaranteed in the first
sentence of the second paragraph of the
introduction. Read the sentence aloud
and ask students to suggest definitions.
Then ask students to look up the word
in a dictionary. You may want to discuss
other common uses of the word, such as
in a guarantee for a consumer product.
Have students create a chart that
lists the five basic freedoms, a short
description of each, and some examples
of how the five freedoms affect
American life. Ask students to share
their explanations with others after they
are finished.
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A M E N D M E N T S 1 – 1 0 . The Bill of Rights
Help students read for a purpose by reminding
them of the Essential Question: “How has our
220-year-old Constitution remained a living
document?”
2
the Constitution.
being necessary to the security of a free state, the right of the people to
keep and bear arms, shall not be infringed.
A M E N D M E N T 3 . Quartering Troops 1791 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.
A M E N D M E N T 4 . Search and Seizure 1791 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.
BACKGROUND
VOCABULARY
abridging reducing
quartered given a place
to stay
due process of law fair
treatment under the law
compulsory process required
procedure
counsel a lawyer
LIVING CONSTITUTION
3 Teach
Amendments 1–10
Reader, Recorder, Reporter
• Why is the right to a speedy trial important?
(so that people cannot be held in jail for an
unnecessarily long time)
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A M E N D M E N T 5 . Rights of Accused Persons 1791 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.
In 1966, the Supreme Court made
a decision based on the 5th and
6th Amendments. The outcome
of this ruling is called “Miranda
rights.” Miranda rights protect
suspects from giving forced
confessions. Police must read
these rights to a suspect they are
questioning. For example:
A M E N D M E N T 6 . Right to a Speedy, Public Trial 1791 In all criminal
• “You have the right to remain
silent.”
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.
Constitution Handbook
A M E N D M E N T 2 . Right to Bear Arms 1791 A well-regulated militia,
Legal Rights
• “Anything that you say can
and will be used against you
in a court of law.”
• “You have the right to an
attorney.”
• Why do you think one of the freedoms in
the First Amendment is called “freedom of
the press?” (It refers to printing presses and
the freedom to publish opinions in printed
newspapers.)
• Connect to Today Why is the 2nd
Amendment a source of controversy today?
(Some members of the government want
regulations on the sale and ownership of
guns, but other people think the amendment
implies that people should not be limited in the
firearms they want to own.)
More About . . .
Miranda Rights
(left) Demonstrators exercise their First Amendment
rights of freedom of assembly and of speech at a rally
in favor of immigration reform in 2006. (above) A
journalist, utilizing freedom of the press, interviews a
Hispanic family rallying for the same cause.
Ernesto Miranda was charged with
kidnapping and rape. After being
questioned by police, he confessed and
signed a written statement. However,
he had never been told that he had the
right to say nothing or to have a lawyer. A
jury convicted him, based on his written
confession. But in 1966, the Supreme Court
ruled that the police had violated Miranda’s
rights under the 5th and 6th Amendments.
Now police must inform suspects of their
rights before questioning them.
Amendments
Chapter
Title 287
PROGRAM RESOURCES
ON LEVEL
Unit 3 Resource Book
• Reading Study Guide, p. 209
• Vocabulary Practice, p. 235
• Section Quiz, p. 240
STRUGGLING READERS
Unit 3 Resource Book
• RSG with Additional Support,
p. 217
• Building Background Vocabulary,
p. 236
• Section Quiz, p. 240
• Reteaching Activity, p. 244
eEdition with Audio DVD-ROM
ENGLISH LEARNERS
Pupil Edition in Spanish
eEdition with Audio DVD-ROM
eEdition in Spanish DVD-ROM
Unit 3 Resource Book
• RSG (Spanish), p. 225
• RSG with Additional Support
(Spanish), p. 233
Multi-Language Glossary
Test Generator
• Section Quiz in Spanish
INCLUSION
Unit 3 Resource Book
• RSG with Additional Support,
p. 217
• Section Quiz, p. 240
• Reteaching Activity, p. 244
GIFTED & TALENTED
Unit 3 Resource Book
• Section Quiz, p. 240
TECHNOLOGY
Unit 3 Transparency Book
• 3-Minute Warm-Ups, TT16
• Fine Art, TT17
Power Presentations DVD-ROM
ClassZone.com
American History Video Series
PRE-AP
Unit 3 Resource Book
• Section Quiz, p. 240
Teacher’s Edition • 287