The Bill of Rights 
You have the right to listen to your favorite music.  But do you have the right to listen to it on a bus where other people may be enjoying peace and quiet? 
Sometimes it can be a little confusing 
to know where your rights end and someone else's begin.

When our plan of government , our Constitution, was created over 200 years ago in 1787, 
many people did not think that that it said enough about protecting our basic rights. 
Many people agreed to support the Constitution only if basic rights were added.  
This was done in 1791. (The Constitution was amended, or added to.)
We call the first 10 Amendments the Bill of Rights.  
It lists the many rights and freedoms that citizens of the United States of America can enjoy.  
And it also says that just because a certain right is not listed does not mean that it is denied. 

THE AMENDMENTS
IN SIMPLE LANGUAGE

NOW JUST WHAT 
DOES THAT MEAN?

 THE ACTUAL WORDS IN THE ORIGINAL DOCUMENT

AMENDMENT 1
Freedom of religion
Freedom of speech
Freedom of the press
The right to assemble
The right to petition government.
The government cannot pick a favorite religion or oppose any religion.
You cannot be arrested for saying what you think about someone, even if that person is the President of the United States.
Newspapers, books, movies, radio, television, etc.  are all free to present news, ideas, and opinions.   Not even the government can tell them what they can or cannot print or say.
Groups of people may organize together in large groups to march and protest something they are against or  to try to ge
t something they want. (That does not mean that they can hurt anyone while they are doing this, or interfere with anyone else's rights.)

Amendment I
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.

AMENDMENT 2
The right to form a militia
The right to keep and bear arms.
Back in the 1700's, the Americans depended on militias of gun-owning citizens, not armies, to defend them.   They also needed guns to get food.

Amendment II
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.

AMENDMENT 3
The right not to have soldiers in one's home.
Citizens cannot be forced to provide free rooms for soldiers like they did in the 1700's when troops may have been away from their forts.  The colonists also hated it when they were forced to give up rooms in their own homes for British soldiers who came here to stop the American Colonies from rebelling.

Amendment III
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.

AMENDMENT 4
Protection against unreasonable search and seizure.
The police can't arrest you unless they have a good reason to suspect that you have broken the law.   They can't enter your home without your permission or without a search warrant.

Amendment IV
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 but upon probable cause.

AMENDMENT 5
No one can be tried for a serious crime unless indicted (accused) by a grand jury.
No one can be forced to testify against herself or himself.
No one can be tried twice for the same crime.
No one can be punished without due process of law.
People must be paid for property taken for public use.
A grand jury is a group of 12 to 23 people who listen to the evidence about a crime. If most of the people on this jury think that there is enough of a suspicion that this person may be guilty, then that person is indicted, or accused.
You cannot be forced to make a statement under oath that shows that you are guilty.   (When someone says, "I'm taking the fifth," that means the Fifth Amendment.
If you were tried for a crime and found innocent, you can never be tried again for that same crime, even if you admit that you did it!!
"Due process of law" means that fair, regular legal steps must be followed from the time someone is arrested through their trial.
The government cannot just take land or any property from you because it is going to be used for a government building, highway, etc.  You have to be paid fairly for that property.

AMENDMENT V
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 offence 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.

AMENDMENT 6
People have a right to a speedy trial.
People have the right to legal counsel.
People have the right to confront their accusers.
Without the right to a speedy trial, a person could be locked up for a very long time without ever even hearing the charges against him.
Legal counsel means a lawyer.  Everyone has the right to have a lawyer, even if they can't afford one.  The government has to provide one to help defend poor people accused of a serious crime.
Everyone has the right to know who is accusing them of a crime.

Amendment VI
In all criminal 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,  and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have the Assistance of Counsel for his defense.

AMENDMENT 7
People have the right to a jury trial in most civil suits.
If a person is involved in   a civil case, like an accident claim, they can choose to have a jury make the decision rather than depend on the judge's decision alone. Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States.
AMENDMENT 8
Excessive bail (money to release a person from jail), stiff fines, and cruel and unusual punishment are forbidden.
How much money should be set for bail depends on how serious the crime is.  A judge cannot just charge a person an outrageous amount of money for bail because he doesn't like him or because he doesn't like a member of his family.  Also, the punishment must fit the crime.  Stealing a loaf of bread for your family to eat should not be punishable by death.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

AMENDMENT 9
There are so many basic human rights that all of them could not be listed in the Constitution.
Just because a certain right was not thought of here or mentioned in the first 10 Amendments does not mean that people do not have them.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

AMENDMENT 10
Powers not given to the federal government by the Constitution belong to the states or the people.
 If the Constitution does not specifically say that the government of our country has the power to do something, then that power is given to the people or the state they live in.  The states were worried that the federal government might try to take over their powers and rights.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Test yourself on these amendments here.

 

LESSON # 1
How well do you understand the Bill of Rights?
Imagine each situation below.
Decide which Amendment would protect you.

NAME:        CLASS:  

1.  You are at home minding your own business, reading the newspaper.   Suddenly there is a loud banging at the door.  Soldiers are demanding that you give them a place to sleep and food to eat.  The Amendment that would prevent this from happening is: 

2.  You fit the description of a person who stole something expensive from a store. You are arrested and held in jail for five years waiting for your trial.  The Amendment that would prevent this from happening is:

3.  You have been unfairly charged with a crime that you did not commit.  Unfortunately, you are very poor and cannot afford a lawyer.  You go on trial without anyone to help you. The Amendment that would prevent this from happening is:

4.  You are accused of murdering a man.  You go on trial and are found innocent.  The man's brother is so sure that you killed his brother that he charges you with the same crime over and over again.  Your whole life is now spent defending yourself in one case after another.  All you can do is hope that one day you don't appear before a jury that just does not like you. The Amendment that would prevent this from happening is:

5.  Your friend's bike is stolen.  Since you just had fight with this friend, he is sure that you stole it to get even with him.  He charges you with the crime and the judge sets bail at one million dollars!  (The judge is the father of the friend you had the fight with!)  The Amendment that would prevent this from happening is:

6.  You go to a public school.  The teacher makes everyone stand up in the morning and say a prayer aloud.  The prayer is not part of your religion.  You refuse to say it.  You are kicked out of school.  The Amendment that would prevent this from happening is:

7.  In China, not too many years ago, groups of students were demonstrating with signs and posters in a public area.  They wanted freedom and democracy. They wanted rights.  But they were gunned down and killed by the army because of what they were doing.   Which Amendment to our Constitution would prevent this from ever happening in our country?  

8.  A man in your town hates you because you have a different color skin than he has.  He decides on a good way to get rid of you.  He invents a story that you killed someone.  You are immediately put on trial for murder.  Which Amendment prevents someone from just making up charges that cause you to go on trial? 

 

LESSON # 2
You be the judge!
Cases come to the Supreme Court when there is a question 
whether or not a person's rights have been
violated, or taken away.  
Since these rights are given to us by our Constitution, 
it is up to this highest court in our country to decide if laws are fair.

Below you will read several cases that actually came to the Supreme Court. 
What would you have decided if you were a justice on this court? 

You will get a chance to vote.

NAME:     CLASS: 

1.  In 1965 the US was fighting in the Vietnam War.  A thirteen-year-old girl, Mary Beth Tinker, was part of a group of students and adults in Des Moines, Iowa, who were against the war.  They decided to show how they felt by wearing a black armband for two weeks.  When the school principals heard about the plan, they threatened that they would suspend anyone who wore the armband to school.  The students did wear the armbands, and they refused to remove them.  They were suspended.  When Mary Beth and her friends were allowed to return to school, they believed that their constitutional right to free speech had been violated.  What do you think?
MY VOTE: 

2.  In 1981 in Louisiana a law was passed that required all public schools to teach creationism as a science along with the theory of evolution.  Evolution is the scientific theory that all life, including human beings, developed from simple cells into more complicated forms of life over a period of billions of years.  Creationism is a religious belief.  It says that God created the earth and all forms of life in six days--just the way they are now--about 10,000 years ago.  People who were in favor of the law said that its purpose was to make sure that all students learned different theories about the beginnings of life. Those who were against the law said that creationism is not a science--it is a religious belief, and that violates the first Amendment.  You cannot promote religious beliefs in school.   What do you think?
MY VOTE: 

3.  In 1980 a man named Johnny Paul Penry committed a horrible murder.  He was actually 22 years old, but he had suffered brain damage at birth.  That caused him to have the mind of a seven-year-old.  He went on trial in Texas and was found guilty.  He was sentenced to death.  His lawyers took the case to the Supreme Court.  This was their argument. They said that two states did not allow the execution of mentally retarded people, Georgia and Maryland.  They also said that the death penalty violated the eighth Amendment which protects people from cruel and unusual punishment.  Finally, they said that the Texas law that prevented jurors from considering Penry's metal retardation when they decided the case was unfair. 
What do you think?

4. This case came up recently (December 2004) and was decided in the local courts. A mother was listening in to the conversation her 16-year-old daughter was having with her boyfriend on the phone. She heard the boyfriend say that he had stolen a woman's pocketbook. The mother reported this to the police and the boy was arrested and charged with the crime that he had admitted to privately.  The boy said that his privacy rights had been violated. The mother said that she had the right to protect her child and needed to know what was going on in her life. What do you think? Type your opinion here.



Click each number to find out how the Supreme Court ruled on each case.

Case #1          Case # 2           Case #3      Case #4

 LESSON # 3

Pick one of the first ten amendments to the Constitution. 
Go here to search for a picture to illustrate your amendment.
Make an artistic display of these pictures and the text of the amendment in Print Shop. Don't forget your name.  Illustrate as many amendments as you can in the time you are given.
 

LESSON # 4
Make a chart listing each of the 10 Amendments with a simple explanation of each one.   
Use the spreadsheet in Microsoft Works.  
Make your row height 45.

Add this information in column A:

CELL A-1

BILL OF RIGHTS
CELL A-2 AMENDMENT I
CELL A-3 AMENDMENT II
CELL A-4 AMENDMENT III
CELL A-5  AMENDMENT IV
CELL A-6  AMENDMENT V
CELL A-7  AMENDMENT VI
CELL A-8  AMENDMENT VII
CELL A-9 AMENDMENT VIII
CELL A-10  AMENDMENT IX
CELL A-11 AMENDMENT X

Starting in cell B-2, write a simple explanation of each amendment.

Go to page setup>options, to add gridlines.  
Format your title across columns A-B by first highlighting the two columns.
Click Format>Alignment>Center across selection.

Format the rest to your liking.