Sunday, November 07, 2010

Bill of Rights HW Assignment

Carefully study the amendments below, then create a "Top 10 List" of the amendments in order of importance. In other words...Which of the 10 amendments is the most important to you? Second? Third, Etc.?

3. In a brief composition, explain WHY you chose to put the amendments in that order. Your composition should be around 175 words (1/2 a page).

The Bill of Rights (from regentsprep.org)
Amendment Right(s) Historic
Roots

1

Freedoms



  • Freedom of Religion

  • Freedom of Press

  • Freedom of Speech

  • Freedom of Assembly

  • Separation of Church and State (no
    national religion)


The English
gov't had suppressed speech, assembly and press
rights in an attempt to quell the growing
colonial discontent. Additionally, many early
settlers (such as the Pilgrims) came to America
in search of religious freedom.
2

Right to Bear Arms


  • Right to keep and bear arms


In the period prior to the
revolution, the English attempted to limit militia
activity, as they rightly feared preparations
for a coming revolution.
3

No Quarter


  • Right to protection from troops being
    quartered in homes during peacetime


The Quartering Act passed
by English Parliament required the colonists to
house and feed British troops stationed in the
colonies.
4

Search and Seizure


  • Right against unreasonable search and
    seizure

  • Warrants require cause and must be
    specific


British troops often search houses
and property at will, in an attempt to suppress
organizations working towards a revolution.
5

Rights of the Accused


  • Accused must be indicted by a Grand Jury

  • Cannot be tried for the same crime twice (double
    jeopardy
    )

  • Cannot be forced to testify against
    yourself

  • Right to a fair trial with all proper
    legal rights enforced (due process)

  • Right to fair compensation ($$) when the
    gov't takes your property for public use


Many accused under British law in
the colonies, were jailed without being accused
of a crime. It was also not uncommon for a
person in the colonies to be tried under the
laws of Britain, without regard to the local
laws passed within the colonies.
6

More Rights of the Accused


  • Right to be informed of the charges
    against you

  • Right to a speedy and public trial

  • Right to an impartial jury

  • Right to face witnesses against you in
    court

  • Right to counsel (a lawyer)

  • Right to call witnesses in your defense


In the era prior to the
revolution, British courts could keep a suspect
in jail without accusing him/her of a crime or
bringing them into a court of law. Many suspects
sat in prison for years awaiting trial, only to
be found innocent an released.
7

Rights in a Civil Case


  • Right to a trial by jury in a civil case
    (non-criminal case)


This provision
protected the idea of trial by jury (a
fundamental notion in both English and American
law) and extended it to all cases private or
public.
8

Cruel and Unusual Punishment


  • Right to protection against cruel and
    unusual punishment

  • Right to protection against excessive
    bails and fines


Even given that
English laws applied to the colonies, English
run colonial courts did not enforce the law
evenly or fairly in the eyes of many. Excessive
fines were levied for small offenses and
extended sentences were given colonists
perceived as threats for even the most minor
offenses.
9

Unenumerated Rights


  • Guarantee that rights not enumerated
    (listed) in the Constitution are still
    protected


The founding fathers wanted to be certain
that rights articulated in the Bill of Rights
were not thought to be the only possible rights.
10

Reserved Rights


  • Guarantee that the people and the states
    have all of the powers not specifically
    delegated the federal government (reserved
    powers
    )


Many of the founding fathers
feared the domination of the people and the
states by a powerful federal government. To
insure the containment of this power, people and
states are granted all the powers that the
federal government is not.

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