LIVING CONSTITUTION The Bill of Rights 1 Plan & Prepare and Amendments 11–27 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 against every government on earth . . . and what no just government should Rights and their importance in the U.S. refuse.“ Jefferson’s disapproval is not surprising. In writing the Declaration of government 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 that governments are formed to protect these rights. 11–17 address Several states approved the Constitution only if a list of guaranteed freedoms was added. While serving in the nation’s fi rst Congress, James Madison helped draft the Bill of Rights. In 1791, these fi rst ten amendments became part of James Madison played a leading role in the Constitution. the creation of the U.S. Constitution. Read for the Essential Question A MENDMENTS 1–10. The Bill of Rights no

Help students read for a purpose by reminding print them of the Essential Question: “How has our KEY QUESTION Why do some individual rights need special protection in

220-year-old Constitution remained a living the Constitution? zone document?” A MENDMENT 1. Religious and Political Freedom 1791 Congress shall make no law respecting an establishment of religion, or 2 Focus & Motivate The Five Freedoms prohibiting the free exercise thereof; or abridging the freedom of speech, 1. Freedom of Religion or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 3-Minute Warm-Up 2. Freedom of Speech 3. Freedom of the Press Write on the board or display the transparency: 4. Freedom of Assembly • Which of the freedoms in the Bill of Rights 5. Freedom to Petition 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.) Unit 3 Transparency Book • 3-Minute Warm-Ups, TT16

More About . . .

The Establishment Clause The part of the First Amendment that 286 Chapter 0 prohibits the government from setting up a national religion is called the establishment clause. In Engel v. Vitale (1962), a group of DIFFERENTIATING INSTRUCTION parents sued the New York public school district for writing a “non-denominational” prayer that students cited at the beginning English Learners Pre-AP of each school day. The Supreme Court ruled that requiring students to recite the Key Academic Vocabulary Chart the Five Freedoms prayer violated the establishment clause. Note the word guaranteed in the fi rst Have students create a chart that In delivering the opinion of the Court, sentence of the second paragraph of the lists the fi ve basic freedoms, a short Justice Hugo Black noted that “. . . this very introduction. Read the sentence aloud description of each, and some examples practice of establishing governmentally and ask students to suggest defi nitions. of how the fi ve freedoms affect composed prayers for religious services was Then ask students to look up the word American life. Ask students to share one of the reasons which caused many of in a dictionary. You may want to discuss their explanations with others after they our early colonists to leave England and other common uses of the word, such as are fi nished. seek religious freedom in America.” in a guarantee for a consumer product.

286 • The Living Constitution 287 • Teacher’s Edition Edition Teacher’s Why is the 2nd (It refers to printing presses and printing presses to refers (It TECHNOLOGY Power Presentations DVD-ROM ClassZone.com American History Video Series UnitTransparency 3 Book • 3-Minute Warm-Ups, TT16 • Fine Art, TT17 Teach Teach More About . . . Rights Miranda 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. But1966, in the Supreme Court ruled that the police had violated Miranda’s rights under the and 5th 6th Amendments. Now police must inform suspects of their rights before questioning them. Amendment a source of controversy today? members(Some of the government want on the andregulations sale ownership of butguns, other people think the amendment implies people that should not be limited in the own.) to they want rearms fi Why is the right to a speedy trial important? people that be cannot held(so an in jail for time) long unnecessarily Why do you think one of the freedoms in the First Amendment is called “freedom of press?” the publish to the freedom opinions in printed newspapers.) Connect to Today 3 Amendments 1–10 Reader, Recorder, Reporter • • • LIVING CONSTITUTION LIVING

Constitution Handbook 287 287 required fair ) A above Amendments Chapter Title given a place reducing a lawyer a Legal Rights p. 217 silent.” attorney.” and will be used against you in a court of law.” GIFTED & TALENTED & GIFTED UnitResource 3 Book • Section Quiz, p. 240 PRE-AP UnitResource 3 Book • Section Quiz, p. 240 INCLUSION INCLUSION UnitResource 3 Book • RSG with Additional Support, • Section Quiz, p. 240 • Reteaching Activity, p. 244 BACKGROUND VOCABULARY abridging abridging quartered quartered to stay of law duedue process process of law the law treatment under compulsorycompulsory process process procedure counselcounsel In 1966, the Supreme Court made In 1966, a decision based on the 5th and The outcome 6th Amendments. “Miranda of this ruling is called rights.” Miranda rights protect suspects from giving forced must read Police confessions. these rights to a suspect they are example: For questioning. have the right to remain You “ • Anything that you say can “ • have the right to an You “ • ) Demonstrators exercise their First Amendment left rights of freedom of assembly and of speech at a rally in favor of immigration reform in 2006. ( ( journalist, utilizing freedom of the press, interviews a Hispanic family rallying for the same cause. for obtaining for his defense. In all criminal No person shall be 1791 counsel 1791 and particularly rmation, Test Generator Test militia, A well-regulated the people to be The right of in time of No soldier shall, (Spanish), p. 233 1791 ENGLISH LEARNERS Pupil Edition in Spanish eEdition with Audio DVD-ROM eEdition in Spanish DVD-ROM UnitResource 3 Book • RSG (Spanish), p. 225 • RSG with Additional Support Multi-Language Glossary • Section Quiz in Spanish 1791 ; nor shall private property be taken ; nor shall private compulsory process 1791 due process of law due process Right to a Speedy, Public Trial Public Right to a Speedy, Rights of Accused Persons Accused Rights of Quartering Troops Quartering and Seizure Search Right to Bear Arms to Bear Right . . . . . 6 5 3 4 2 MENDMENT MENDMENT MENDMENT MENDMENT MENDMENT prosecutions, the accused shall enjoy the right to a speedy and public trial, by shall enjoy the accused prosecutions, been the crime shall have an impartial jury of the State and district wherein and law, previously ascertained by been committed, which district shall have to be confronted to be informed of the nature and cause of the accusation; with the witnesses against him; to have for public use, without just compensation. for public use, witnesses in his favor, and to have the assistance of the assistance and to have witnesses in his favor, secure in their persons, houses, papers, and effects, against unreasonable against effects, and papers, houses, persons, secure in their but issue, shall warrants shall not be violated, and no searches and seizures, oath or affi supported by upon probable cause, be searched, and the persons or things to be seized. describing the place to being necessary to the security of a free state, the right of the people to the people the right of of a free state, the security necessary to being not be infringed. shall bear arms, keep and A A A A A peace be quartered in any house, without the consent of the owner, nor in the owner, without the consent of house, in any peace be quartered law. be prescribed by but in a manner to time of war, held to answer for a capital, or otherwise infamous crime, unless on a pre- infamous crime, for a capital, or otherwise held to answer except in cases arising in the land of a Grand Jury, sentment or indictment or in actual service in time of war or in the militia, when forces, or naval be subject for the same offense to be person any public danger; nor shall crimi- life or limb; nor shall be compelled in any twice put in jeopardy of liberty, of life, against himself, nor be deprived nal case to be a witness without or property, p. 236 RSG with Additional Support, p. 217 Vocabulary Practice, p. 235 eEdition with Audio DVD-ROM Audio with eEdition • Building Background Vocabulary, • Section Quiz, p. 240 • Reteaching Activity, p. 244 STRUGGLING READERS UnitResource 3 Book • • Section Quiz, p. 240 ON LEVEL ON UnitResource 3 Book • Reading Study Guide, p. 209 • PROGRAM RESOURCES

nonoprint printzone zone