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Bill of Rights Guided Notes

SS.7.C.2.4 Evaluate rights contained in the Bill of Rights and other amendments to the Constitution.
SS.7.C.2.5 Distinguish how the Constitution safeguards and limits individual rights.
SS.7.C.3.6 Evaluate Constitutional rights and their impact on individuals and society.

Review Questions
1) What was the name of the first constitution?
Articles of Confederation
2) What is the name of the constitution we have today?
U.S. Constitution
3) What group of people were for the ratification of the US Constitution and what group of
people were against the ratification of the US Constitution?
For Ratification: Federalists
Against Ratification: Anti-Federalists
4) What compromise did the two groups come up with to ratify the new Constitution?
Adding the Bill of Rights
5) What are the Bill of Rights?
The first ten amendments to the U.S. Constitution. These amendments are a list of
rights of the citizens.

6) Define the terms:

Amendment A change to a document (in this case, the Constitution)

Ratify To approve (in this case, an amendment)

Bill of Rights (SS.7.C.2.4)

1) Explain the five freedoms listed in the First Amendment:
Freedom of Religious Exercise:
Allows individuals to practice their religion freely or to choose not to practice a religion at all.
Freedom of Speech:
Allows individuals to express their opinions. This includes speech that may criticize the
government or government officials.
Freedom of the Press:
Allows individuals to publish or print information and news.
Freedom to Peaceably Assemble:
People have the right to gather in groups. These groups may include people who wish to hold
a public protest about their ideas or beliefs.
Freedom to Petition:
Allows individuals to express their concerns to the government. A petition may formally ask
the government for changes in the law. It also may include the signatures of those who
support the changes.

2) Why was free religious exercise so important to the Founders?

We are a religious people and a religiously diverse culture
They were denied these rights in England
Religion in government would lead to problems

3) Why were the freedoms of press, speech, and assembly so important to the Founders?
Speech is important because it allows us to protest our government
Our democracy is dependent on these things without these things we cannot have
a fair government
4) Why was the right to petition so important to the Founders?
Allows people to voice their government

Key Vocabulary
Symbolic Speech
An action that expresses an idea
Double Jeopardy
Trying a person for the same crime twice
Due Process
The right of people accused of crimes to have laws that treat them fairly, so that they
cannot lose their life or freedom without having their legal rights protected
Self-Incrimination
A person being forced to tell the police, prosecutor, judge, or jury any information that
might subject him or her to criminal prosecution
Plead the Fifth
The act of a person refusing to testify under oath in a court of law on the grounds that
the answers could be used as evidence against him to convict him of a criminal offense
Precedent
A court decision in an earlier case with facts and legal issues similar to those in a case
currently before a court
Eminent Domain
The right of the government to take private property for public use.
People be paid fairly (compensated) for their property if it is taken by the government

5) Explain each right protected in the Bill of Rights.

Amendment Explanation
I Freedom of religion, assembly, speech, press, and to petition
the government.
RASPPberry Congress cannot make a law that limits freedom of religion, free
speech, free press, or the right of people to get together in groups,
or the right of people to ask the government to correct things they
dont like.

II Right to bear arms

The government cannot stop citizens from keeping guns because the
2 Arms military is necessary to keep peace.

III No forced quartering of soldiers

You dont have to house soldiers in your home during peacetime.
25cent
IV No unreasonable searches and seizures
People have privacy rights. If the government wants to search
Privacy anything, they must have a search warrant which tells what they are
looking for and where they can search.
V Rights of the accused. Plead the Fifth (No Self-Incrimination),
Double Jeopardy, Eminent Domain, No person can be charged
with a crime unless the charges have been brought by a
Rights of the grand jury.
Accused No person can be charged with a crime unless the charges have
been brought by a grand jury. A person cannot be charged with the
(Locke Rights) same crime twice. A person does not have to testify against
himself/herself. A person cant have his or her life, his or her
property, or his or her freedoms taken from him or her without being
treated fairly by the law. A persons property cant be taken from him
or her without receiving money for the property.
 VI Right to quick and speedy trial, right to a lawyer, due
process, & right to face my accusers.
Rights of Accused When a person is accused of a crime, he or she will have a quick and
(Due Process) public trial. The jury will be fair. The accused will be told what the
charge is and can face the people who say he or she broke the law.
The accused can have a lawyer to help him or her with the case.
VII Civil cases can be heard by a jury if the amount is $20+
Then a person sues another person and the amount of money is over
Civil $20.00, the case may be decided by a jury, and the decision will be
final.

VIII No cruel or unusual punishment. No excessive fines or bail

Excessive bail or fines cannot be required. No cruel or unusual
Cruel/Unusual punishment is allowed.

IX Citizens have rights that are not listed in the Constitution.

People have other rights that are not listed here (in the Bill Of
Blank Check Rights/Constitution)

X Powers not listed in the Constitution belong to the states

(and the people)
Reserved Rights not given to the national govt belong to the states if they are
not prohibited

Constitutional Safeguards and Limits on Rights (SS.7.C.2.5)

Key Vocabulary
Common Beliefs or actions that are seen as a benefit to the community rather than
Good individual interests, also known as the public good

Ex Post A law that makes an act a crime after the crime has been committed
Facto Law

Federal A system of government where power is shared between a central government

System and states, government of the United States

Habeas The principle that the government has to provide a cause or reason for holding a
Corpus person in jail public interest - common benefit, the general benefit of the public

Individual Rights guaranteed or belonging to a person

Rights

Public Common benefit, the general benefit of the public

Interest
To protect
Safeguard

1) Why does the government create safeguards?

To protect the rights of the people.

2) Why does the government include limitations on peoples rights?

These guidelines are used to help decide when individual rights interfere with
other important rights and interests, including the rights of other individuals.
3) Explain the precedence that was established in the case Schenck v. U.S. (1919):
This balancing test is about the relationship between individual rights and the
public interest. Rights may be limited when the public interest is threatened.
The U.S. Supreme Court has ruled in different cases that the government may
limit individual rights in order to protect the public interest. In these situations,
there must be a balance of individual rights, the rights of others, and the
common good.
4) What are the questions the Courts have to ask when determining appropriate times to limit
the peoples rights?
Clear and Present Danger Will this act of speech create a dangerous situation?
Fighting Words Will this act of speech create a violent situation?
Libel Is information about another person false or does it make true
information appear false?
Conflict with Government Interests During times of war the government may
limit acts of speech because of national security (such as when the government
is concerned that certain information may be found out by the enemy).

5) What is the role of the judicial branch of government in protecting individual rights?
The writers of the U.S. Constitution designed an independent judiciary where the
judicial branch would have freedom from the executive and legislative branches.

6) Explain the term independent judiciary:

7) Explain the two key individual rights that are protected or safeguarded in Article 1, Section 9
of the U.S. Constitution.
Habeas corpus: This statement from Article I, Section 9 means that the government has
to prove to a court why it is holding someone in jail. If the government cannot show why a
person is being held in jail, that person must be released.
An ex post facto law: A law that makes an act a crime after it has been committed.

8) Explain the appellate process.

The appellate process in the federal and state court systems also protect the rights of
the individual. The appellate process allows citizens to appeal a decision from a lower
court to a higher court to make sure that everything in the trial was done properly.

Constitutional Rights and their Impact (SS.7.C.3.6)

Key Vocabulary
Civil The refusal to obey certain laws as a form of political protest
Disobedie
nce
Treating a person or group unfairly based on their race, religion,
Discrimina gender, disability, or other reasons
tion

1) What is a constitutional right?

A right recognized by the constitution

2) Summarize the event. Include what constitutional right and amendment that is being
addressed:
Kelo v. City of New London
New London, Connecticut wanted to use eminent domain to take private property to
start new business. The Court decided that new companies would levy sales taxes and
pay property taxes, which would contribute to the public good of the community. 5th
amendment, eminent domain.

John Lewis and Hosea Williams

In 1965, John Lewis and Hosea Williams committed civil disobedience by refusing to
obey certain laws as a form of political protest. First amendment; Freedom of
expression and assembly

Korematsu v. United States

President Franklin Roosevelt issued Executive Order 9066 during World War II. This
order forced thousands of Japanese Americans to go into camps that would not allow
them to leave (forced internment). 5th Amendment, Due Process; 14th amendment,
equal protection clause