Unit 10: The Bill of Rights At the beginning: anti-federalist I background John Hancock



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Unit 10: The Bill of Rights
- At the beginning: ANTI-FEDERALIST

I Background

  1. John Hancock

  1. Gov. of Massachusetts

  2. didn’t participate in the Constitutional Convention

  3. wanted to be on the winning side – held out until he had a reason to get involved

  4. Federalists: persuaded him to think he would be Pres. of the U.S. if VA didn’t participate b/c George Washington couldn’t be Pres if his state wasn’t involved

  5. took the bait (but never got to be the pres.)

  6. urged the delegates to approve the Constitution as written

  7. promised the first task of the new Congress would be to amend the Constitution by adding a bill of rights

  8. vote was close

  9. Massachusetts chose to ratify

10) Federalists’ strategy: “Ratify now, amend later

  1. worked well in other states

REMEMBER:

CONSTITUTUION:

- about the GOVERNMENT



BILL of RIGHTS:

- about rights of the PEOPLE



  1. end of 1788 = the Constitution was the law of the land


II Creating the Bill of Rights

  1. Ratification

1) Virginia finally ratified

2) first presidential election = 1789

3) George Washington = nation’s first president

4) John Adams (Massachusetts) = vice president

5) not in a hurry to amend the Constitution = but not forgotten

6) James Madison and Thomas Jefferson wanted it done immediately

B) Deciding on Amendments

1) Madison = sifted through nearly 100 proposed amendments

2) chose those that seemed least controversial (when many people have strong opinions on a subject, causing

conflict and disagreement), or least likely to cause conflict

3) presented them to Congress on June 8, 1789

4) did not give up until Congress finally approved 12 amendments

5) three-quarters of the states must ratify an amendment before it can become law

6) states rejected the first two amendments (dealt with the size of congressional districts and congressional pay

raises) = unnecessary



7) ten amendments = became the Bill of Rights (formal listing of the basic rights of U.S. citizens)
See Pwr Pt notes for specifics

about each amendment

III Bill of Rights Sections

  1. Basic Freedoms

1) freedom of religion

2) freedom of speech

3) freedom of the press

4) freedom to assemble

5) freedom to petition

  1. Citizen Protection

  1. next four amendments lay out the rights and protections that apply to people who are accused of crimes or are involved in other legal disputes

aa) 2nd Amdmt the Right to Bear Arms : I can have my gun.

  1. 3rd Amdmt = Quartering Troops in Homes

  2. 4th Amdmt = Searches and Seizures

(1) police must have a warrant (an order from a judge that authorizes police or other officials to take a

certain action, such as searching someone’s property) to search someone’s property

  1. 5th Amdmt = longest

  1. Vocab words for this amendment…

aaa) double jeopardy

bbb) self-incrimination / “taking the fifth”

See Pwr Pt notes for specifics

about each amendment

ccc) deprived

ddd) due process

eee) defendant

fff) compensation
ee) 6th Amdmt = Criminal Trial Rights

ff) 7th Amdmt = Civil Trial Rights

gg) 8th Amdmt = Bail and Punishment


  1. Legal Rights and Protections

  1. Ninth Amendment: Rights Retained by the People

  2. Tenth Amendment: Powers Reserved to the States


IV Summary

In this chapter, you read about the Bill of Rights—the first ten amendments to the Constitution—and the important freedoms it protects.

Creating the Bill of Rights By 1791, nine of the 13 states had ratified ten amendments drafted by James Madison and approved by Congress. These ten amendments form the Bill of Rights.

First Amendment Rights The First Amendment protects five basic freedoms: the right to worship freely, freedom of speech, freedom of the press, and the rights of assembly and petition.

Citizen Protections The Second, Third, and Fourth Amendments protect people against the abuse of government power.

Legal Rights and Protections The Fifth through the Eighth Amendments are intended to guarantee fair treatment for people involved in legal actions.

Other Rights and Powers The Ninth and Tenth Amendments concern the relationships among the federal government, the states, and the people. The Ninth Amendment protects rights that are not expressly listed in the Constitution. The Tenth Amendment says that powers that are neither given to the national government nor forbidden to the states belong to the states and the people.


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