APPENDIX A Excerpts from John Locke’s Second Treatise on Civil Government, 1690

Sec. 4. To understand political power privileges of the law of nature, equally right, and derive it from its original, with any other man, or number of men we must consider, what state all men in the world, hath by nature a power, are naturally in, and that is, a state of not only to preserve his property, that is, perfect freedom to order their actions his life, liberty and estate …But because A state also of equality, wherein all no political society can be, nor subsist, the power and jurisdiction is reciprocal, without having in itself the power to no one having more [power] than preserve the property, and in order another; … thereunto, punish the offences of all Sec. 6. But though this be a state of those of that society; there, and there liberty, yet it is not a state of license: only is political society… Those who though man in that state have an are united into one body, and have a uncontrollable liberty to dispose of his common established law and judicature person or possessions, yet he has not to appeal to, with authority to decide liberty to destroy himself, or so much controversies between them, and as any creature in his possession, but punish offenders, are in civil society one where some nobler use than its bare with another: … preservation calls for it. Sec. 124. The great and chief Sec. 22. THE natural liberty of man end, therefore, of men’s uniting is to be free from any superior power into commonwealths, and putting on earth, and not to be under the will themselves under government, is the or legislative authority of man, but to preservation of their property. To which have only the law of nature for his rule. in the state of nature there are many The liberty of man, in society, is to be things wanting. under no other legislative power, but Sec. 222. …[W]henever the that established, by consent, in the legislators endeavor to take away, and commonwealth; nor under the dominion destroy the property of the people, of any will, or restraint of any law, but or to reduce them to slavery under what that legislative shall enact, arbitrary power, they put themselves Sec. 87. Man being born, as has into a state of war with the people, who been proved, with a title to perfect are thereupon absolved from any farther freedom, and an uncontrolled obedience…Whensoever therefore enjoyment of all the rights and the legislative shall transgress this

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights fundamental rule of society; and either quite contrary ends, and it devolves by ambition, fear, folly or corruption, to the people, who have a right to endeavour to grasp themselves, or resume their original liberty, and, by the put into the hands of any other, an establishment of a new legislative, (such absolute power over the lives, liberties, as they shall think fit) provide for their and estates of the people; by this own safety and security, which is the breach of trust they forfeit the power end for which they are in society. the people had put into their hands for

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE APPENDIX B Articles of Confederation

To all to whom these Presents shall of religion, sovereignty, trade, or any come, we the undersigned Delegates other pretense whatever. of the States affixed to our Names send greeting. IV. Articles of Confederation and The better to secure and perpetuate perpetual Union between the states mutual friendship and intercourse of New Hampshire, Massachusetts- among the people of the different bay Rhode Island and Providence States in this Union, the free inhabitants Plantations, Connecticut, New York, of each of these States, paupers, New Jersey, Pennsylvania, Delaware, vagabonds, and fugitives from justice Maryland, Virginia, North Carolina, excepted, shall be entitled to all South Carolina and Georgia. privileges and immunities of free citizens in the several States; and the I. people of each State shall free ingress The Stile of this Confederacy shall be and regress to and from any other “The United States of America”. State, and shall enjoy therein all the privileges of trade and commerce, II. subject to the same duties, impositions, Each state retains its sovereignty, and restrictions as the inhabitants freedom, and independence, and every thereof respectively, provided that power, jurisdiction, and right, which such restrictions shall not extend is not by this Confederation expressly so far as to prevent the removal of delegated to the United States, in property imported into any State, to Congress assembled. any other State, of which the owner is an inhabitant; provided also that no imposition, duties or restriction shall be III. laid by any State, on the property of the The said States hereby severally enter United States, or either of them. into a firm league of friendship with If any person guilty of, or charged each other, for their common defense, with, treason, felony, or other high the security of their liberties, and their misdemeanor in any State, shall flee mutual and general welfare, binding from justice, and be found in any of the themselves to assist each other, against United States, he shall, upon demand of all force offered to, or attacks made the Governor or executive power of the upon them, or any of them, on account State from which he fled, be delivered

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights up and removed to the State having of Congress, and the members of jurisdiction of his offense. Congress shall be protected in their Full faith and credit shall be given in persons from arrests or imprisonments, each of these States to the records, acts, during the time of their going to and and judicial proceedings of the courts from, and attendence on Congress, and magistrates of every other State. except for treason, felony, or breach of the peace.

V. For the most convenient VI. management of the general interests No State, without the consent of the of the United States, delegates shall United States in Congress assembled, be annually appointed in such manner shall send any embassy to, or receive as the legislatures of each State shall any embassy from, or enter into any direct, to meet in Congress on the first conference, agreement, alliance or Monday in November, in every year, treaty with any King, Prince or State; nor with a power reserved to each State to shall any person holding any office of recall its delegates, or any of them, at profit or trust under the United States, any time within the year, and to send or any of them, accept any present, others in their stead for the remainder emolument, office or title of any kind of the year. whatever from any King, Prince or No State shall be represented in foreign State; nor shall the United States Congress by less than two, nor more than in Congress assembled, or any of them, seven members; and no person shall be grant any title of nobility. capable of being a delegate for more No two or more States shall enter than three years in any term of six years; into any treaty, confederation or alliance nor shall any person, being a delegate, be whatever between them, without capable of holding any office under the the consent of the United States United States, for which he, or another in Congress assembled, specifying for his benefit, receives any salary, fees or accurately the purposes for which the emolument of any kind. same is to be entered into, and how Each State shall maintain its own long it shall continue. delegates in a meeting of the States, No State shall lay any imposts or and while they act as members of the duties, which may interfere with any committee of the States. stipulations in treaties, entered into In determining questions in the by the United States in Congress United States in Congress assembled, assembled, with any King, Prince or each State shall have one vote. State, in pursuance of any treaties Freedom of speech and debate in already proposed by Congress, to the Congress shall not be impeached or courts of France and Spain. questioned in any court or place out No vessel of war shall be kept up

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE in time of peace by any State, except such State be infested by pirates, in such number only, as shall be deemed which case vessels of war may be fitted necessary by the United States in out for that occasion, and kept so long Congress assembled, for the defense as the danger shall continue, or until the of such State, or its trade; nor shall any United States in Congress assembled body of forces be kept up by any State shall determine otherwise. in time of peace, except such number only, as in the judgement of the United VII. States in Congress assembled, shall be When land forces are raised by any deemed requisite to garrison the forts State for the common defense, all necessary for the defense of such State; officers of or under the rank of colonel, but every State shall always keep up a shall be appointed by the legislature of well-regulated and disciplined militia, each State respectively, by whom such sufficiently armed and accoutered, and forces shall be raised, or in such manner shall provide and constantly have ready as such State shall direct, and all for use, in public stores, a due number vacancies shall be filled up by the State of filed pieces and tents, and a proper which first made the appointment. quantity of arms, ammunition and camp equipage. VIII. No State shall engage in any war All charges of war, and all other without the consent of the United States expenses that shall be incurred for the in Congress assembled, unless such common defense or general welfare, State be actually invaded by enemies, and allowed by the United States in or shall have received certain advice Congress assembled, shall be defrayed of a resolution being formed by some out of a common treasury, which shall nation of Indians to invade such State, be supplied by the several States in and the danger is so imminent as proportion to the value of all land not to admit of a delay till the United within each State, granted or surveyed States in Congress assembled can be for any person, as such land and the consulted; nor shall any State grant buildings and improvements thereon commissions to any ships or vessels of shall be estimated according to such war, nor letters of marque or reprisal, mode as the United States in Congress except it be after a declaration of assembled, shall from time to time war by the United States in Congress direct and appoint. assembled, and then only against the The taxes for paying that proportion Kingdom or State and the subjects shall be laid and levied by the authority thereof, against which war has been so and direction of the legislatures of the declared, and under such regulations several States within the time agreed as shall be established by the United upon by the United States in Congress States in Congress assembled, unless assembled.

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights IX. following. Whenever the legislative or The United States in Congress executive authority or lawful agent of assembled, shall have the sole any State in controversy with another and exclusive right and power of shall present a petition to Congress determining on peace and war, except stating the matter in question and in the cases mentioned in the sixth praying for a hearing, notice thereof article — of sending and receiving shall be given by order of Congress to ambassadors — entering into treaties the legislative or executive authority and alliances, provided that no treaty of the other State in controversy, and of commerce shall be made whereby a day assigned for the appearance the legislative power of the respective of the parties by their lawful agents, States shall be restrained from imposing who shall then be directed to appoint such imposts and duties on foreigners, by joint consent, commissioners as their own people are subjected to, or judges to constitute a court for or from prohibiting the exportation or hearing and determining the matter importation of any species of goods in question: but if they cannot agree, or commodities whatsoever — of Congress shall name three persons establishing rules for deciding in all out of each of the United States, and cases, what captures on land or water from the list of such persons each party shall be legal, and in what manner shall alternately strike out one, the prizes taken by land or naval forces in petitioners beginning, until the number the service of the United States shall be shall be reduced to thirteen; and from divided or appropriated — of granting that number not less than seven, nor letters of marque and reprisal in times more than nine names as Congress shall of peace — appointing courts for the direct, shall in the presence of Congress trial of piracies and felonies commited be drawn out by lot, and the persons on the high seas and establishing whose names shall be so drawn or any courts for receiving and determining five of them, shall be commissioners or finally appeals in all cases of captures, judges, to hear and finally determine provided that no member of Congress the controversy, so always as a major shall be appointed a judge of any of the part of the judges who shall hear the said courts. cause shall agree in the determination: The United States in Congress and if either party shall neglect to assembled shall also be the last resort attend at the day appointed, without on appeal in all disputes and differences showing reasons, which Congress shall now subsisting or that hereafter may judge sufficient, or being present shall arise between two or more States refuse to strike, the Congress shall concerning boundary, jurisdiction or any proceed to nominate three persons other causes whatever; which authority out of each State, and the secretary shall always be exercised in the manner of Congress shall strike in behalf of

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE such party absent or refusing; and the as near as may be in the same judgement and sentence of the court manner as is before presecribed for to be appointed, in the manner before deciding disputes respecting territorial prescribed, shall be final and conclusive; jurisdiction between different States. and if any of the parties shall refuse to The United States in Congress submit to the authority of such court, assembled shall also have the sole and or to appear or defend their claim or exclusive right and power of regulating cause, the court shall nevertheless the alloy and value of coin struck by proceed to pronounce sentence, or their own authority, or by that of the judgement, which shall in like manner respective States — fixing the standards be final and decisive, the judgement of weights and measures throughout or sentence and other proceedings the United States — regulating the being in either case transmitted to trade and managing all affairs with the Congress, and lodged among the Indians, not members of any of the acts of Congress for the security of States, provided that the legislative the parties concerned: provided that right of any State within its own every commissioner, before he sits in limits be not infringed or violated — judgement, shall take an oath to be establishing or regulating post offices administered by one of the judges of from one State to another, throughout the supreme or superior court of the all the United States, and exacting State, where the cause shall be tried, such postage on the papers passing ‘well and truly to hear and determine through the same as may be requisite the matter in question, according to the to defray the expenses of the said best of his judgement, without favor, office — appointing all officers of the affection or hope of reward’: provided land forces, in the service of the United also, that no State shall be deprived of States, excepting regimental officers territory for the benefit of the United — appointing all the officers of the States. naval forces, and commissioning all All controversies concerning the officers whatever in the service of the private right of soil claimed under United States — making rules for the different grants of two or more States, government and regulation of the said whose jurisdictions as they may respect land and naval forces, and directing such lands, and the States which passed their operations. such grants are adjusted, the said The United States in Congress grants or either of them being at the assembled shall have authority to same time claimed to have originated appoint a committee, to sit in the recess antecedent to such settlement of of Congress, to be denominated ‘A jurisdiction, shall on the petition of Committee of the States’, and to consist either party to the Congress of the of one delegate from each State; and United States, be finally determined to appoint such other committees and

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights civil officers as may be necessary for same manner as the quota of each managing the general affairs of the State, unless the legislature of such United States under their direction State shall judge that such extra number — to appoint one of their members cannot be safely spread out in the to preside, provided that no person same, in which case they shall raise, be allowed to serve in the office of officer, cloath, arm and equip as many president more than one year in any of such extra number as they judeg can term of three years; to ascertain the be safely spared. And the officers and necessary sums of money to be raised men so cloathed, armed, and equipped, for the service of the United States, shall march to the place appointed, and and to appropriate and apply the same within the time agreed on by the United for defraying the public expenses — States in Congress assembled. to borrow money, or emit bills on the The United States in Congress credit of the United States, transmitting assembled shall never engage in a war, every half-year to the respective States nor grant letters of marque or reprisal an account of the sums of money so in time of peace, nor enter into any borrowed or emitted — to build and treaties or alliances, nor coin money, nor equip a navy — to agree upon the regulate the value thereof, nor ascertain number of land forces, and to make the sums and expenses necessary for requisitions from each State for its the defense and welfare of the United quota, in proportion to the number States, or any of them, nor emit bills, of white inhabitants in such State; nor borrow money on the credit of the which requisition shall be binding, United States, nor appropriate money, and thereupon the legislature of each nor agree upon the number of vessels State shall appoint the regimental of war, to be built or purchased, or officers, raise the men and cloath, arm the number of land or sea forces to and equip them in a solid-like manner, be raised, nor appoint a commander at the expense of the United States; in chief of the army or navy, unless and the officers and men so cloathed, nine States assent to the same: nor armed and equipped shall march to shall a question on any other point, the place appointed, and within the except for adjourning from day to day time agreed on by the United States in be determined, unless by the votes Congress assembled. But if the United of the majority of the United States in States in Congress assembled shall, on Congress assembled. consideration of circumstances judge The Congress of the United States proper that any State should not raise shall have power to adjourn to any men, or should raise a smaller number time within the year, and to any place of men than the quota thereof, such within the United States, so that no extra number shall be raised, officered, period of adjournment be for a longer cloathed, armed and equipped in the duration than the space of six months,

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE and shall publish the journal of their XII. proceedings monthly, except such parts All bills of credit emitted, monies thereof relating to treaties, alliances borrowed, and debts contracted by, or or military operations, as in their under the authority of Congress, before judgement require secrecy; and the the assembling of the United States, in yeas and nays of the delegates of each pursuance of the present confederation, State on any question shall be entered shall be deemed and considered as a on the journal, when it is desired by charge against the United States, for any delegates of a State, or any of payment and satisfaction whereof the them, at his or their request shall be said United States, and the public faith furnished with a transcript of the said are hereby solemnly pleged. journal, except such parts as are above excepted, to lay before the legislatures XIII. of the several States. Every State shall abide by the determination of the United States in X. Congress assembled, on all questions The Committee of the States, or any which by this confederation are nine of them, shall be authorized to submitted to them. And the Articles of execute, in the recess of Congress, such this Confederation shall be inviolably of the powers of Congress as the United observed by every State, and the States in Congress assembled, by the Union shall be perpetual; nor shall any consent of the nine States, shall from alteration at any time hereafter be made time to time think expedient to vest in any of them; unless such alteration be them with; provided that no power be agreed to in a Congress of the United delegated to the said Committee, for States, and be afterwards confirmed by the exercise of which, by the Articles of the legislatures of every State. Confederation, the voice of nine States And Whereas it hath pleased the in the Congress of the United States Great Governor of the World to incline assembled be requisite. the hearts of the legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify XI. the said Articles of Confederation and Canada acceding to this perpetual Union. Know Ye that we the confederation, and adjoining in the undersigned delegates, by virtue of the measures of the United States, shall be power and authority to us given for that admitted into, and entitled to all the purpose, do by these presents, in the advantages of this Union; but no other name and in behalf of our respective colony shall be admitted into the same, constituents, fully and entirely ratify unless such admission be agreed to by and confirm each and every of the said nine States. Articles of Confederation and perpetual

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights Union, and all and singular the matters and that the Union shall be perpetual. and things therein contained: And we In Witness whereof we have hereunto do further solemnly plight and engage set our hands in Congress. Done at the faith of our respective constituents, Philadelphia in the State of Pennsylvania that they shall abide by the the ninth day of July in the Year of our determinations of the United States in Lord One Thousand Seven Hundred Congress assembled, on all questions, and Seventy-Eight, and in the Third Year which by the said Confederation are of the independence of America. submitted to them. And that the Articles Agreed to by Congress 15 November thereof shall be inviolably observed by 1777 In force after ratification by Mary- the States we respectively represent, land, 1 March 1781.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE APPENDIX C Declaration of Independence

IN CONGRESS, July 4, 1776. accordingly all experience hath shewn, The unanimous Declaration of the that mankind are more disposed to thirteen united States of America, suffer, while evils are sufferable, than to When in the Course of human events, right themselves by abolishing the forms it becomes necessary for one people to to which they are accustomed. But when dissolve the political bands which have a long train of abuses and usurpations, connected them with another, and to pursuing invariably the same Object assume among the powers of the earth, evinces a design to reduce them under the separate and equal station to which absolute Despotism, it is their right, it is the Laws of Nature and of Nature’s God their duty, to throw off such Government, entitle them, a decent respect to the and to provide new Guards for their opinions of mankind requires that they future security.–Such has been the should declare the causes which impel patient sufferance of these Colonies; them to the separation. and such is now the necessity which We hold these truths to be self- constrains them to alter their former evident, that all men are created equal, Systems of Government. The history that they are endowed by their Creator of the present King of Great Britain with certain unalienable Rights, that is a history of repeated injuries and among these are Life, Liberty and usurpations, all having in direct object the pursuit of Happiness.–That to the establishment of an absolute Tyranny secure these rights, Governments are over these States. To prove this, let Facts instituted among Men, deriving their be submitted to a candid world. just powers from the consent of the He has refused his Assent to Laws, governed, –That whenever any Form the most wholesome and necessary for of Government becomes destructive the public good. of these ends, it is the Right of the He has forbidden his Governors to People to alter or to abolish it, and pass Laws of immediate and pressing to institute new Government, laying importance, unless suspended in their its foundation on such principles and operation till his Assent should be organizing its powers in such form, as obtained; and when so suspended, he to them shall seem most likely to effect has utterly neglected to attend to them. their Safety and Happiness. Prudence, He has refused to pass other Laws for indeed, will dictate that Governments the accommodation of large districts long established should not be changed of people, unless those people would for light and transient causes; and relinquish the right of Representation in

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights the Legislature, a right inestimable to peace, Standing Armies without the them and formidable to tyrants only. Consent of our legislatures. He has called together legislative He has affected to render the Military bodies at places unusual, independent of and superior to the Civil uncomfortable, and distant from the power. depository of their public Records, for He has combined with others to the sole purpose of fatiguing them into subject us to a jurisdiction foreign to our compliance with his measures. constitution, and unacknowledged by He has dissolved Representative our laws; giving his Assent to their Acts Houses repeatedly, for opposing with of pretended Legislation: manly firmness his invasions on the For Quartering large bodies of armed rights of the people. troops among us: He has refused for a long time, after For protecting them, by a mock Trial, such dissolutions, to cause others to from punishment for any Murders which be elected; whereby the Legislative they should commit on the Inhabitants powers, incapable of Annihilation, of these States: have returned to the People at large For cutting off our Trade with all parts for their exercise; the State remaining of the world: in the mean time exposed to all the For imposing Taxes on us without our dangers of invasion from without, and Consent: convulsions within. For depriving us in many cases, of the He has endeavoured to prevent benefits of Trial by Jury: the population of these States; for For transporting us beyond Seas to that purpose obstructing the Laws for be tried for pretended offences Naturalization of Foreigners; refusing to For abolishing the free System pass others to encourage their migrations of English Laws in a neighbouring hither, and raising the conditions of new Province, establishing therein an Appropriations of Lands. Arbitrary government, and enlarging He has obstructed the Administration its Boundaries so as to render it at of Justice, by refusing his Assent to once an example and fit instrument for Laws for establishing Judiciary powers. introducing the same absolute rule into He has made Judges dependent on these Colonies: his Will alone, for the tenure of their For taking away our Charters, offices, and the amount and payment of abolishing our most valuable Laws, and their salaries. altering fundamentally the Forms of our He has erected a multitude of New Governments: Offices, and sent hither swarms of For suspending our own Legislatures, Officers to harrass our people, and eat and declaring themselves invested with out their substance. power to legislate for us in all cases He has kept among us, in times of whatsoever.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE He has abdicated Government here, over us. We have reminded them of the by declaring us out of his Protection and circumstances of our emigration and waging War against us. settlement here. We have appealed to He has plundered our seas, ravaged their native justice and magnanimity, our Coasts, burnt our towns, and and we have conjured them by the ties destroyed the lives of our people. of our common kindred to disavow He is at this time transporting these usurpations, which, would large Armies of foreign Mercenaries inevitably interrupt our connections to compleat the works of death, and correspondence. They too have desolation and tyranny, already begun been deaf to the voice of justice and with circumstances of Cruelty & of consanguinity. We must, therefore, perfidy scarcely paralleled in the most acquiesce in the necessity, which barbarous ages, and totally unworthy denounces our Separation, and hold the Head of a civilized nation. them, as we hold the rest of mankind, He has constrained our fellow Enemies in War, in Peace Friends. Citizens taken Captive on the high We, therefore, the Representatives of Seas to bear Arms against their the united States of America, in General Country, to become the executioners Congress, Assembled, appealing to the of their friends and Brethren, or to fall Supreme Judge of the world for the themselves by their Hands. rectitude of our intentions, do, in the He has excited domestic insurrections Name, and by Authority of the good amongst us, and has endeavoured People of these Colonies, solemnly to bring on the inhabitants of our publish and declare, That these United frontiers, the merciless Indian Savages, Colonies are, and of Right ought to whose known rule of warfare, is an be Free and Independent States; that undistinguished destruction of all ages, they are Absolved from all Allegiance sexes and conditions. to the British Crown, and that all In every stage of these Oppressions political connection between them We have Petitioned for Redress in the and the State of Great Britain, is and most humble terms: Our repeated ought to be totally dissolved; and that Petitions have been answered only as Free and Independent States, they by repeated injury. A Prince whose have full Power to levy War, conclude character is thus marked by every act Peace, contract Alliances, establish which may define a Tyrant, is unfit to be Commerce, and to do all other Acts the ruler of a free people. and Things which Independent States Nor have We been wanting in may of right do. And for the support of attentions to our Brittish brethren. this Declaration, with a firm reliance on We have warned them from time to the protection of divine Providence, we time of attempts by their legislature to mutually pledge to each other our Lives, extend an unwarrantable jurisdiction our Fortunes and our sacred Honor.

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights The 56 signatures on the Declaration George Taylor, James Wilson, George appear in the positions indicated: Ross Georgia: Button Gwinnett, Lyman Delaware: Caesar Rodney, George Hall, George Walton Read, Thomas McKean North Carolina: William Hooper, New York: William Floyd, Philip Joseph Hewes, John Penn Livingston, Francis Lewis, Lewis Morris South Carolina: Edward Rutledge, New Jersey: Richard Stockton, John Thomas Heyward, Jr., Thomas Lynch, Jr., Witherspoon, Francis Hopkinson, John Arthur Middleton Hart, Abraham Clark Massachusetts: John Hancock New Hampshire: Josiah Bartlett, Maryland: Samuel Chase, William William Whipple Paca, Thomas Stone, Charles Carroll of Massachusetts: Samuel Adams, John Carrollton Adams, Robert Treat Paine, Elbridge Virginia: George Wythe, Richard Gerry Henry Lee, Thomas Jefferson, Benjamin Rhode Island: Stephen Hopkins, Harrison, Thomas Nelson, Jr., Francis William Ellery Lightfoot Lee, Carter Braxton Connecticut: Roger Sherman, Samuel Pennsylvania: Robert Morris, Huntington, William Williams, Oliver Benjamin Rush, Benjamin Franklin, John Wolcott Morton, George Clymer, James Smith, New Hampshire: Matthew Thornton

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE APPENDIX D The United States Constitution

Preamble several states which may be included within this union, according to their We the people of the United States, respective numbers, which shall be in order to form a more perfect union, determined by adding to the whole establish justice, insure domestic number of free persons, including those tranquility, provide for the common bound to service for a term of years, defense, promote the general welfare, and excluding Indians not taxed, three and secure the blessings of liberty to fifths of all other Persons. The actual ourselves and our posterity, do ordain Enumeration shall be made within and establish this Constitution for the three years after the first meeting of United States of America. the Congress of the United States, and within every subsequent term Article I of ten years, in such manner as they Section 1. All legislative powers shall by law direct. The number of herein granted shall be vested in a Representatives shall not exceed one Congress of the United States, which for every thirty thousand, but each state shall consist of a Senate and House of shall have at least one Representative; Representatives. and until such enumeration shall be Section 2. The House of made, the state of New Hampshire Representatives shall be composed of shall be entitled to chuse three, members chosen every second year by Massachusetts eight, Rhode Island the people of the several states, and and Providence Plantations one, the electors in each state shall have the Connecticut five, New York six, New qualifications requisite for electors of Jersey four, Pennsylvania eight, the most numerous branch of the state Delaware one, Maryland six, Virginia legislature. ten, North Carolina five, South Carolina No person shall be a Representative five, and Georgia three. who shall not have attained to the age When vacancies happen in the of twenty five years, and been seven Representation from any state, the years a citizen of the United States, executive authority thereof shall issue and who shall not, when elected, be an writs of election to fill such vacancies. inhabitant of that state in which he shall The House of Representatives shall be chosen. choose their speaker and other officers; Representatives and direct taxes and shall have the sole power of shall be apportioned among the impeachment.

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights Section 3. The Senate of the United power to try all impeachments. When States shall be composed of two sitting for that purpose, they shall Senators from each state, chosen by be on oath or affirmation. When the the legislature thereof, for six years; and President of the United States is tried, each Senator shall have one vote. the Chief Justice shall preside: And Immediately after they shall be no person shall be convicted without assembled in consequence of the the concurrence of two thirds of the first election, they shall be divided as members present. equally as may be into three classes. Judgment in cases of impeachment The seats of the Senators of the first shall not extend further than to removal class shall be vacated at the expiration from office, and disqualification to hold of the second year, of the second class and enjoy any office of honor, trust or at the expiration of the fourth year, profit under the United States: but the and the third class at the expiration of party convicted shall nevertheless be the sixth year, so that one third may liable and subject to indictment, trial, be chosen every second year; and judgment and punishment, according if vacancies happen by resignation, to law. or otherwise, during the recess of Section 4. The times, places and the legislature of any state, the manner of holding elections for executive thereof may make temporary Senators and Representatives, shall appointments until the next meeting of be prescribed in each state by the the legislature, which shall then fill such legislature thereof; but the Congress vacancies. may at any time by law make or alter No person shall be a Senator who such regulations, except as to the shall not have attained to the age places of choosing Senators. of thirty years, and been nine years The Congress shall assemble at a citizen of the United States and least once in every year, and such who shall not, when elected, be an meeting shall be on the first Monday inhabitant of that state for which he in December, unless they shall by law shall be chosen. appoint a different day. The Vice President of the United Section 5. Each House shall be the States shall be President of the Senate, judge of the elections, returns and but shall have no vote, unless they be qualifications of its own members, and equally divided. a majority of each shall constitute a The Senate shall choose their other quorum to do business; but a smaller officers, and also a President pro number may adjourn from day to day, tempore, in the absence of the Vice and may be authorized to compel the President, or when he shall exercise the attendance of absent members, in such office of President of the United States. manner, and under such penalties as The Senate shall have the sole each House may provide.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE Each House may determine the rules United States, shall be a member of of its proceedings, punish its members either House during his continuance in for disorderly behavior, and, with the office. concurrence of two thirds, expel a Section 7. All bills for raising member. revenue shall originate in the House of Each House shall keep a journal Representatives; but the Senate may of its proceedings, and from time to propose or concur with amendments as time publish the same, excepting such on other Bills. parts as may in their judgment require Every bill which shall have passed secrecy; and the yeas and nays of the House of Representatives and the the members of either House on any Senate, shall, before it become a law, question shall, at the desire of one fifth be presented to the President of the of those present, be entered on the United States; if he approve he shall journal. sign it, but if not he shall return it, with Neither House, during the session of his objections to that House in which Congress, shall, without the consent of it shall have originated, who shall the other, adjourn for more than three enter the objections at large on their days, nor to any other place than that in journal, and proceed to reconsider it. which the two Houses shall be sitting. If after such reconsideration two thirds Section 6. The Senators and of that House shall agree to pass the Representatives shall receive a bill, it shall be sent, together with the compensation for their services, to be objections, to the other House, by ascertained by law, and paid out of which it shall likewise be reconsidered, the treasury of the United States. They and if approved by two thirds of that shall in all cases, except treason, felony House, it shall become a law. But in all and breach of the peace, be privileged such cases the votes of both Houses from arrest during their attendance at shall be determined by yeas and nays, the session of their respective Houses, and the names of the persons voting for and in going to and returning from the and against the bill shall be entered on same; and for any speech or debate the journal of each House respectively. in either House, they shall not be If any bill shall not be returned by the questioned in any other place. President within ten days (Sundays No Senator or Representative shall, excepted) after it shall have been during the time for which he was presented to him, the same shall elected, be appointed to any civil be a law, in like manner as if he had office under the authority of the United signed it, unless the Congress by their States, which shall have been created, adjournment prevent its return, in which or the emoluments whereof shall have case it shall not be a law. been increased during such time: and Every order, resolution, or vote to no person holding any office under the which the concurrence of the Senate

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights and House of Representatives may To constitute tribunals inferior to the be necessary (except on a question Supreme Court; of adjournment) shall be presented To define and punish piracies and to the President of the United States; felonies committed on the high seas, and before the same shall take effect, and offenses against the law of nations; shall be approved by him, or being To declare war, grant letters of disapproved by him, shall be repassed marque and reprisal, and make rules by two thirds of the Senate and House concerning captures on land and water; of Representatives, according to the To raise and support armies, but no rules and limitations prescribed in the appropriation of money to that use shall case of a bill. be for a longer term than two years; Section 8. The Congress shall have To provide and maintain a navy; power to lay and collect taxes, duties, To make rules for the government imposts and excises, to pay the debts and regulation of the land and naval and provide for the common defense forces; and general welfare of the United To provide for calling forth the States; but all duties, imposts and militia to execute the laws of the excises shall be uniform throughout the union, suppress insurrections and repel United States; invasions; To borrow money on the credit of the To provide for organizing, arming, United States; and disciplining, the militia, and for To regulate commerce with foreign governing such part of them as may nations, and among the several states, be employed in the service of the and with the Indian tribes; United States, reserving to the states To establish a uniform rule of respectively, the appointment of the naturalization, and uniform laws on the officers, and the authority of training subject of bankruptcies throughout the the militia according to the discipline United States; prescribed by Congress; To coin money, regulate the value To exercise exclusive legislation in all thereof, and of foreign coin, and fix the cases whatsoever, over such District (not standard of weights and measures; exceeding ten miles square) as may, To provide for the punishment of by cession of particular states, and the counterfeiting the securities and current acceptance of Congress, become the coin of the United States; seat of the government of the United To establish post offices and post roads; States, and to exercise like authority To promote the progress of science over all places purchased by the and useful arts, by securing for limited consent of the legislature of the state in times to authors and inventors the which the same shall be, for the erection exclusive right to their respective of forts, magazines, arsenals, dockyards, writings and discoveries; and other needful buildings;–And

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE To make all laws which shall be No title of nobility shall be granted necessary and proper for carrying by the United States: and no person into execution the foregoing powers, holding any office of profit or trust and all other powers vested by this under them, shall, without the consent Constitution in the government of the of the Congress, accept of any present, United States, or in any department or emolument, office, or title, of any kind officer thereof. whatever, from any king, prince, or Section 9. The migration or foreign state. importation of such persons as any Section 10. No state shall enter into of the states now existing shall think any treaty, alliance, or confederation; proper to admit, shall not be prohibited grant letters of marque and reprisal; by the Congress prior to the year one coin money; emit bills of credit; make thousand eight hundred and eight, but anything but gold and silver coin a a tax or duty may be imposed on such tender in payment of debts; pass any importation, not exceeding ten dollars bill of attainder, ex post facto law, or law for each person. impairing the obligation of contracts, or The privilege of the writ of habeas grant any title of nobility. corpus shall not be suspended, unless No state shall, without the consent of when in cases of rebellion or invasion the Congress, lay any imposts or duties the public safety may require it. on imports or exports, except what may No bill of attainder or ex post facto be absolutely necessary for executing its Law shall be passed. inspection laws: and the net produce of No capitation, or other direct, tax all duties and imposts, laid by any state shall be laid, unless in proportion to the on imports or exports, shall be for the census or enumeration herein before use of the treasury of the United States; directed to be taken. and all such laws shall be subject to the No tax or duty shall be laid on articles revision and control of the Congress. exported from any state. No state shall, without the consent of No preference shall be given by any Congress, lay any duty of tonnage, keep regulation of commerce or revenue to troops, or ships of war in time of peace, the ports of one state over those of enter into any agreement or compact another: nor shall vessels bound to, or with another state, or with a foreign from, one state, be obliged to enter, power, or engage in war, unless actually clear or pay duties in another. invaded, or in such imminent danger as No money shall be drawn from will not admit of delay. the treasury, but in consequence of appropriations made by law; and a Article II regular statement and account of receipts Section 1. The executive power shall and expenditures of all public money shall be vested in a President of the United be published from time to time. States of America. He shall hold his

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights office during the term of four years, highest on the list the said House shall and, together with the Vice President, in like manner choose the President. chosen for the same term, be elected, But in choosing the President, the as follows: votes shall be taken by States, the Each state shall appoint, in such representation from each state having manner as the Legislature thereof may one vote; A quorum for this purpose direct, a number of electors, equal to shall consist of a member or members the whole number of Senators and from two thirds of the states, and Representatives to which the State may a majority of all the states shall be be entitled in the Congress: but no necessary to a choice. In every case, Senator or Representative, or person after the choice of the President, the holding an office of trust or profit under person having the greatest number of the United States, shall be appointed an votes of the electors shall be the Vice elector. President. But if there should remain The electors shall meet in their two or more who have equal votes, the respective states, and vote by ballot Senate shall choose from them by ballot for two persons, of whom one at least the Vice President. shall not be an inhabitant of the same The Congress may determine the state with themselves. And they shall time of choosing the electors, and the make a list of all the persons voted day on which they shall give their votes; for, and of the number of votes for which day shall be the same throughout each; which list they shall sign and the United States. certify, and transmit sealed to the No person except a natural born seat of the government of the United citizen, or a citizen of the United States, States, directed to the President of the at the time of the adoption of this Senate. The President of the Senate Constitution, shall be eligible to the shall, in the presence of the Senate office of President; neither shall any and House of Representatives, open person be eligible to that office who all the certificates, and the votes shall shall not have attained to the age of then be counted. The person having thirty five years, and been fourteen Years the greatest number of votes shall a resident within the United States. be the President, if such number be In case of the removal of the a majority of the whole number of President from office, or of his death, electors appointed; and if there be resignation, or inability to discharge the more than one who have such majority, powers and duties of the said office, and have an equal number of votes, the same shall devolve on the Vice then the House of Representatives shall President, and the Congress may by law immediately choose by ballot one of provide for the case of removal, death, them for President; and if no person resignation or inability, both of the have a majority, then from the five President and Vice President, declaring

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE what officer shall then act as President, ministers and consuls, judges of the and such officer shall act accordingly, Supreme Court, and all other officers of until the disability be removed, or a the United States, whose appointments President shall be elected. are not herein otherwise provided for, The President shall, at stated times, and which shall be established by law: receive for his services, a compensation, but the Congress may by law vest the which shall neither be increased nor appointment of such inferior officers, diminished during the period for which as they think proper, in the President he shall have been elected, and he shall alone, in the courts of law, or in the not receive within that period any other heads of departments. emolument from the United States, or The President shall have power to fill any of them. up all vacancies that may happen during Before he enter on the execution of the recess of the Senate, by granting his office, he shall take the following commissions which shall expire at the oath or affirmation:–”I do solemnly end of their next session. swear (or affirm) that I will faithfully Section 3. He shall from time to time execute the office of President of the give to the Congress information of the United States, and will to the best of my state of the union, and recommend to ability, preserve, protect and defend the their consideration such measures as he Constitution of the United States.” shall judge necessary and expedient; he Section 2. The President shall be may, on extraordinary occasions, convene commander in chief of the Army and both Houses, or either of them, and in Navy of the United States, and of the case of disagreement between them, militia of the several states, when called with respect to the time of adjournment, into the actual service of the United he may adjourn them to such time as States; he may require the opinion, in he shall think proper; he shall receive writing, of the principal officer in each ambassadors and other public ministers; of the executive departments, upon any he shall take care that the laws be subject relating to the duties of their faithfully executed, and shall commission respective offices, and he shall have all the officers of the United States. power to grant reprieves and pardons Section 4. The President, Vice for offenses against the United States, President and all civil officers of the except in cases of impeachment. United States, shall be removed He shall have power, by and with the from office on impeachment for, and advice and consent of the Senate, to conviction of, treason, bribery, or other make treaties, provided two thirds of high crimes and misdemeanors. the Senators present concur; and he shall nominate, and by and with the Article III advice and consent of the Senate, shall Section 1. The judicial power of the appoint ambassadors, other public United States, shall be vested in one

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights Supreme Court, and in such inferior courts where the said crimes shall have been as the Congress may from time to time committed; but when not committed ordain and establish. The judges, both within any state, the trial shall be at such of the supreme and inferior courts, shall place or places as the Congress may by hold their offices during good behaviour, law have directed. and shall, at stated times, receive for their Section 3. Treason against the United services, a compensation, which shall not States, shall consist only in levying war be diminished during their continuance in against them, or in adhering to their office. enemies, giving them aid and comfort. Section 2. The judicial power shall No person shall be convicted of extend to all cases, in law and equity, treason unless on the testimony of two arising under this Constitution, the witnesses to the same overt act, or on laws of the United States, and treaties confession in open court. made, or which shall be made, under The Congress shall have power to their authority;–to all cases affecting declare the punishment of treason, ambassadors, other public ministers and but no attainder of treason shall work consuls;–to all cases of admiralty and corruption of blood, or forfeiture except maritime jurisdiction;–to controversies during the life of the person attainted. to which the United States shall be a party;–to controversies between two Article IV or more states;–between a state and Section 1. Full faith and credit shall citizens of another state;– between be given in each state to the public citizens of different states;–between acts, records, and judicial proceedings citizens of the same state claiming lands of every other state. And the Congress under grants of different states, and may by general laws prescribe the between a state, or the citizens thereof, manner in which such acts, records, and and foreign states, citizens or subjects. proceedings shall be proved, and the In all cases affecting ambassadors, effect thereof. other public ministers and consuls, and Section 2. The citizens of each state those in which a state shall be party, shall be entitled to all privileges and the Supreme Court shall have original immunities of citizens in the several jurisdiction. In all the other cases before states. mentioned, the Supreme Court shall A person charged in any state with have appellate jurisdiction, both as to treason, felony, or other crime, who law and fact, with such exceptions, and shall flee from justice, and be found in under such regulations as the Congress another state, shall on demand of the shall make. executive authority of the state from The trial of all crimes, except in cases which he fled, be delivered up, to be of impeachment, shall be by jury; and removed to the state having jurisdiction such trial shall be held in the state of the crime.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE No person held to service or labor several states, shall call a convention for in one state, under the laws thereof, proposing amendments, which, in either escaping into another, shall, in case, shall be valid to all intents and consequence of any law or regulation purposes, as part of this Constitution, therein, be discharged from such service when ratified by the legislatures of or labor, but shall be delivered up on three fourths of the several states, or by claim of the party to whom such service conventions in three fourths thereof, as or labor may be due. the one or the other mode of ratification Section 3. New states may be may be proposed by the Congress; admitted by the Congress into this provided that no amendment which union; but no new states shall be may be made prior to the year one formed or erected within the jurisdiction thousand eight hundred and eight shall of any other state; nor any state be in any manner affect the first and fourth formed by the junction of two or more clauses in the ninth section of the first states, or parts of states, without the article; and that no state, without its consent of the legislatures of the states consent, shall be deprived of its equal concerned as well as of the Congress. suffrage in the Senate. The Congress shall have power to dispose of and make all needful rules Article VI and regulations respecting the territory All debts contracted and or other property belonging to the engagements entered into, before United States; and nothing in this the adoption of this Constitution, shall Constitution shall be so construed as be as valid against the United States to prejudice any claims of the United under this Constitution, as under the States, or of any particular state. Confederation. Section 4. The United States shall This Constitution, and the laws of guarantee to every state in this union the United States which shall be made a republican form of government, and in pursuance thereof; and all treaties shall protect each of them against made, or which shall be made, under invasion; and on application of the the authority of the United States, shall legislature, or of the executive (when be the supreme law of the land; and the legislature cannot be convened) the judges in every state shall be bound against domestic violence. thereby, anything in the Constitution or laws of any State to the contrary Article V notwithstanding. The Congress, whenever two thirds The Senators and Representatives of both houses shall deem it necessary, before mentioned, and the members shall propose amendments to this of the several state legislatures, and Constitution, or, on the application all executive and judicial officers, both of the legislatures of two thirds of the of the United States and of the several

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights states, shall be bound by oath or Massachusetts: Nathaniel Gorham, affirmation, to support this Constitution; Rufus King but no religious test shall ever be Connecticut: Wm: Saml. Johnson, required as a qualification to any office Roger Sherman or public trust under the United States. New York: Alexander Hamilton New Jersey: Wil: Livingston, David Article VII Brearly, Wm. Paterson, Jona: Dayton Pennsylvania: B. Franklin, Thomas The ratification of the conventions Mifflin, Robt. Morris, Geo. Clymer, Thos. of nine states, shall be sufficient for FitzSimons, Jared Ingersoll, James the establishment of this Constitution Wilson, Gouv Morris between the states so ratifying the Delaware: Geo: Read, Gunning same. Bedford jun, John Dickinson, Richard Done in convention by the Bassett, Jaco: Broom unanimous consent of the states present Maryland: James McHenry, Dan of St the seventeenth day of September Thos. Jenifer, Danl Carroll in the year of our Lord one thousand Virginia: John Blair–, James Madison seven hundred and eighty seven and Jr. of the independence of the United North Carolina: Wm. Blount, Richd. States of America the twelfth. In witness Dobbs Spaight, Hu Williamson whereof We have hereunto subscribed South Carolina: J. Rutledge, Charles our Names, Cotesworth Pinckney, Charles Pinckney, G. Washington-Presidt. and deputy Pierce Butler from Virginia Georgia: William Few, Abr Baldwin New Hampshire: John Langdon, Nicholas Gilman

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE APPENDIX E The United States Bill of Rights

Amendment I Amendment V Congress shall make no law No person shall be held to answer for respecting an establishment of religion, a capital, or otherwise infamous crime, or prohibiting the free exercise thereof; unless on a presentment or indictment or abridging the freedom of speech, of a grand jury, except in cases arising in or of the press; or the right of the the land or naval forces, or in the militia, people peaceably to assemble, and to when in actual service in time of war petition the government for a redress of or public danger; nor shall any person grievances. be subject for the same offense to be twice put in jeopardy of life or limb; nor Amendment II shall be compelled in any criminal case to be a witness against himself, nor be A well regulated militia, being deprived of life, liberty, or property, necessary to the security of a free state, without due process of law; nor shall the right of the people to keep and private property be taken for public use, bear arms, shall not be infringed. without just compensation. Amendment III Amendment VI No soldier shall, in time of peace be In all criminal prosecutions, the quartered in any house, without the accused shall enjoy the right to a consent of the owner, nor in time of speedy and public trial, by an impartial war, but in a manner to be prescribed jury of the state and district wherein by law. the crime shall have been committed, which district shall have been Amendment IV previously ascertained by law, and to The right of the people to be secure be informed of the nature and cause in their persons, houses, papers, and of the accusation; to be confronted effects, against unreasonable searches with the witnesses against him; to and seizures, shall not be violated, have compulsory process for obtaining and no warrants shall issue, but upon witnesses in his favor, and to have the probable cause, supported by oath or assistance of counsel for his defense. affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights Amendment VII Amendment IX In suits at common law, where the The enumeration in the Constitution, value in controversy shall exceed twenty of certain rights, shall not be construed dollars, the right of trial by jury shall be to deny or disparage others retained by preserved, and no fact tried by a jury, shall the people. be otherwise reexamined in any court of the United States, than according to the Amendment X rules of the common law. The powers not delegated to the United States by the Constitution, Amendment VIII nor prohibited by it to the states, are Excessive bail shall not be required, reserved to the states respectively, or to nor excessive fines imposed, nor cruel the people. and unusual punishments inflicted.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE APPENDIX F Additional Amendments to the United States Constitution

Amendment XI (1798) having the greatest number of votes for President, shall be the President, The judicial power of the United if such number be a majority of the States shall not be construed to extend whole number of electors appointed; to any suit in law or equity, commenced and if no person have such majority, or prosecuted against one of the United then from the persons having the States by citizens of another state, or by highest numbers not exceeding citizens or subjects of any foreign state. three on the list of those voted for as President, the House of Representatives Amendment XII (1804) shall choose immediately, by ballot, The electors shall meet in their the President. But in choosing the respective states and vote by ballot President, the votes shall be taken by for President and Vice-President, states, the representation from each one of whom, at least, shall not state having one vote; a quorum for be an inhabitant of the same state this purpose shall consist of a member with themselves; they shall name in or members from two-thirds of the their ballots the person voted for as states, and a majority of all the states President, and in distinct ballots the shall be necessary to a choice. And if person voted for as Vice-President, the House of Representatives shall not and they shall make distinct lists of choose a President whenever the right all persons voted for as President, of choice shall devolve upon them, and of all persons voted for as Vice- before the fourth day of March next President, and of the number of votes following, then the Vice-President shall for each, which lists they shall sign act as President, as in the case of the and certify, and transmit sealed to the death or other constitutional disability seat of the government of the United of the President. The person having States, directed to the President of the greatest number of votes as Vice- the Senate;–The President of the President, shall be the Vice-President, Senate shall, in the presence of the if such number be a majority of the Senate and House of Representatives, whole number of electors appointed, open all the certificates and the votes and if no person have a majority, then shall then be counted;–the person from the two highest numbers on the

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights list, the Senate shall choose the Vice- counting the whole number of persons President; a quorum for the purpose in each state, excluding Indians not shall consist of two-thirds of the whole taxed. But when the right to vote at number of Senators, and a majority of any election for the choice of electors the whole number shall be necessary to for President and Vice President of a choice. But no person constitutionally the United States, Representatives in ineligible to the office of President shall Congress, the executive and judicial be eligible to that of Vice-President of officers of a state, or the members of the United States. the legislature thereof, is denied to any of the male inhabitants of such state, Amendment XIII (1865) being twenty-one years of age, and citizens of the United States, or in any Section 1. Neither slavery nor way abridged, except for participation involuntary servitude, except as a in rebellion, or other crime, the basis of punishment for crime whereof the party representation therein shall be reduced shall have been duly convicted, shall in the proportion which the number exist within the United States, or any of such male citizens shall bear to the place subject to their jurisdiction. whole number of male citizens twenty- Section 2. Congress shall have power one years of age in such state. to enforce this article by appropriate Section 3. No person shall be a legislation.” Senator or Representative in Congress, or elector of President and Vice Amendment XIV (1868) President, or hold any office, civil Section 1. All persons born or or military, under the United States, naturalized in the United States, and or under any state, who, having subject to the jurisdiction thereof, are previously taken an oath, as a member citizens of the United States and of the of Congress, or as an officer of the state wherein they reside. No state shall United States, or as a member of any make or enforce any law which shall state legislature, or as an executive or abridge the privileges or immunities of judicial officer of any state, to support citizens of the United States; nor shall the Constitution of the United States, any state deprive any person of life, shall have engaged in insurrection or liberty, or property, without due process rebellion against the same, or given aid of law; nor deny to any person within its or comfort to the enemies thereof. But jurisdiction the equal protection of the Congress may by a vote of two-thirds of laws. each House, remove such disability. Section 2. Representatives shall be Section 4. The validity of the public apportioned among the several states debt of the United States, authorized according to their respective numbers, by law, including debts incurred for payment of pensions and bounties for

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE services in suppressing insurrection people thereof, for six years; and or rebellion, shall not be questioned. each Senator shall have one vote. The But neither the United States nor any electors in each state shall have the state shall assume or pay any debt or qualifications requisite for electors of obligation incurred in aid of insurrection the most numerous branch of the state or rebellion against the United legislatures. States, or any claim for the loss or When vacancies happen in the emancipation of any slave; but all such representation of any state in the debts, obligations and claims shall be Senate, the executive authority of held illegal and void. such state shall issue writs of election Section 5. The Congress shall have to fill such vacancies: Provided, that power to enforce, by appropriate the legislature of any state may legislation, the provisions of this article. empower the executive thereof to make temporary appointments until the Amendment XV (1870) people fill the vacancies by election as the legislature may direct. Section 1. The right of citizens of This amendment shall not be so the United States to vote shall not construed as to affect the election or be denied or abridged by the United term of any Senator chosen before States or by any state on account of it becomes valid as part of the race, color, or previous condition of Constitution. servitude. Section 2. The Congress shall Amendment XVIII (1919) have power to enforce this article by Section 1. After one year from appropriate legislation. the ratification of this article the manufacture, sale, or transportation Amendment XVI (1913) of intoxicating liquors within, the The Congress shall have power importation thereof into, or the to lay and collect taxes on incomes, exportation thereof from the United from whatever source derived, without States and all territory subject to apportionment among the several the jurisdiction thereof for beverage states, and without regard to any census purposes is hereby prohibited. of enumeration. Section 2. The Congress and the several states shall have concurrent Amendment XVII (1913) power to enforce this article by appropriate legislation. The Senate of the United States Section 3. This article shall be shall be composed of two Senators inoperative unless it shall have been from each state, elected by the ratified as an amendment to the

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights Constitution by the legislatures of elect shall act as President until a the several states, as provided in the President shall have qualified; and the Constitution, within seven years from Congress may by law provide for the the date of the submission hereof to the case wherein neither a President elect states by the Congress. nor a Vice President elect shall have qualified, declaring who shall then act Amendment XIX (1920) as President, or the manner in which one who is to act shall be selected, and The right of citizens of the United such person shall act accordingly until States to vote shall not be denied or a President or Vice President shall have abridged by the United States or by any qualified. state on account of sex. Section 4. The Congress may by law Congress shall have power to enforce provide for the case of the death of any this article by appropriate legislation. of the persons from whom the House of Representatives may choose a President Amendment XX (1933) whenever the right of choice shall have Section 1. The terms of the President devolved upon them, and for the case and Vice President shall end at noon on of the death of any of the persons from the 20th day of January, and the terms whom the Senate may choose a Vice of Senators and Representatives at noon President whenever the right of choice on the 3rd day of January, of the years shall have devolved upon them. in which such terms would have ended if this article had not been ratified; and Section 5. Sections 1 and 2 shall the terms of their successors shall then take effect on the 15th day of October begin. following the ratification of this article. Section 2. The Congress shall Section 6. This article shall be assemble at least once in every year, inoperative unless it shall have been and such meeting shall begin at noon ratified as an amendment to the on the 3d day of January, unless they Constitution by the legislatures of three- shall by law appoint a different day. fourths of the several states within seven years from the date of its submission. Section 3. If, at the time fixed for the beginning of the term of the President, Amendment XXI (1933) the President elect shall have died, the Vice President elect shall become Section 1. The eighteenth article of President. If a President shall not have amendment to the Constitution of the been chosen before the time fixed United States is hereby repealed. for the beginning of his term, or if Section 2. The transportation or the President elect shall have failed importation into any state, territory, to qualify, then the Vice President or possession of the United States for

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE delivery or use therein of intoxicating Amendment XXIII (1961) liquors, in violation of the laws thereof, Section 1. The District constituting is hereby prohibited. the seat of government of the United Section 3. This article shall be States shall appoint in such manner as inoperative unless it shall have been the Congress may direct: ratified as an amendment to the A number of electors of President Constitution by conventions in the and Vice President equal to the several states, as provided in the whole number of Senators and Constitution, within seven years from Representatives in Congress to which the date of the submission hereof to the the District would be entitled if it were states by the Congress. a state, but in no event more than the least populous state; they shall be in Amendment XXII (1951) addition to those appointed by the states, but they shall be considered, Section 1. No person shall be elected for the purposes of the election of to the office of the President more President and Vice President, to be than twice, and no person who has electors appointed by a state; and they held the office of President, or acted as shall meet in the District and perform President, for more than two years of a such duties as provided by the twelfth term to which some other person was article of amendment. elected President shall be elected to the office of the President more than once. Section 2. The Congress shall But this article shall not apply to any have power to enforce this article by person holding the office of President appropriate legislation. when this article was proposed by the Congress, and shall not prevent any Amendment XXIV (1964) person who may be holding the office Section 1. The right of citizens of the of President, or acting as President, United States to vote in any primary during the term within which this article or other election for President or Vice becomes operative from holding the President, for electors for President office of President or acting as President or Vice President, or for Senator or during the remainder of such term. Representative in Congress, shall not Section 2. This article shall be be denied or abridged by the United inoperative unless it shall have been States or any state by reason of failure ratified as an amendment to the to pay any poll tax or other tax. Constitution by the legislatures of three- Section 2. The Congress shall fourths of the several states within seven have power to enforce this article by years from the date of its submission to appropriate legislation. the states by the Congress.

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights Amendment XXV (1967) declaration that no inability exists, he shall resume the powers and duties Section 1. In case of the removal of of his office unless the Vice President the President from office or of his death and a majority of either the principal or resignation, the Vice President shall officers of the executive department become President. or of such other body as Congress Section 2. Whenever there is a may by law provide, transmit within vacancy in the office of the Vice four days to the President pro tempore President, the President shall nominate of the Senate and the Speaker of the a Vice President who shall take office House of Representatives their written upon confirmation by a majority vote of declaration that the President is unable both Houses of Congress. to discharge the powers and duties of Section 3. Whenever the President his office. Thereupon Congress shall transmits to the President pro tempore decide the issue, assembling within of the Senate and the Speaker of the forty-eight hours for that purpose if House of Representatives his written not in session. If the Congress, within declaration that he is unable to twenty-one days after receipt of the discharge the powers and duties of his latter written declaration, or, if Congress office, and until he transmits to them a is not in session, within twenty-one days written declaration to the contrary, such after Congress is required to assemble, powers and duties shall be discharged determines by two-thirds vote of both by the Vice President as Acting Houses that the President is unable to President. discharge the powers and duties of his Section 4. Whenever the Vice office, the Vice President shall continue President and a majority of either to discharge the same as Acting the principal officers of the executive President; otherwise, the President shall departments or of such other body as resume the powers and duties of his Congress may by law provide, transmit office. to the President pro tempore of the Senate and the Speaker of the House of Amendment XXVI (1971) Representatives their written declaration Section 1. The right of citizens of the that the President is unable to discharge United States, who are 18 years of age the powers and duties of his office, the or older, to vote, shall not be denied or Vice President shall immediately assume abridged by the United States or any the powers and duties of the office as state on account of age. Acting President. Thereafter, when the President Section 2. The Congress shall have transmits to the President pro tempore the power to enforce this article by of the Senate and the Speaker of the appropriate legislation. House of Representatives his written

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE Amendment XXVII (1992)

No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened.

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights APPENDIX G Federalist No. 51

The Structure of the Government of its own; and consequently should Must Furnish the Proper Checks be so constituted that the members and Balances Between the of each should have as little agency Different Departments as possible in the appointment of the members of the others. Were this To the People of the State of New principle rigorously adhered to, it would York: require that all the appointments for TO WHAT expedient, then, shall we the supreme executive, legislative, and finally resort, for maintaining in practice judiciary magistracies should be drawn the necessary partition of power among from the same fountain of authority, the several departments, as laid down in the people, through channels having the Constitution? The only answer that no communication whatever with can be given is, that as all these exterior one another. Perhaps such a plan of provisions are found to be inadequate, constructing the several departments the defect must be supplied, by so would be less difficult in practice than contriving the interior structure of it may in contemplation appear. Some the government as that its several difficulties, however, and some additional constituent parts may, by their mutual expense would attend the execution relations, be the means of keeping of it. Some deviations, therefore, from each other in their proper places. the principle must be admitted. In the Without presuming to undertake a full constitution of the judiciary department development of this important idea, I in particular, it might be inexpedient will hazard a few general observations, to insist rigorously on the principle: which may perhaps place it in a clearer first, because peculiar qualifications light, and enable us to form a more being essential in the members, the correct judgment of the principles and primary consideration ought to be to structure of the government planned by select that mode of choice which best the convention. secures these qualifications; secondly, In order to lay a due foundation for because the permanent tenure by that separate and distinct exercise of which the appointments are held in the different powers of government, that department, must soon destroy all which to a certain extent is admitted sense of dependence on the authority on all hands to be essential to the conferring them. preservation of liberty, it is evident that It is equally evident, that the each department should have a will members of each department should

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE be as little dependent as possible on precautions. This policy of supplying, those of the others, for the emoluments by opposite and rival interests, the annexed to their offices. Were the defect of better motives, might be executive magistrate, or the judges, traced through the whole system of not independent of the legislature in human affairs, private as well as public. this particular, their independence in We see it particularly displayed in all every other would be merely nominal. the subordinate distributions of power, But the great security against a gradual where the constant aim is to divide concentration of the several powers and arrange the several offices in such in the same department, consists in a manner as that each may be a check giving to those who administer each on the other that the private interest of department the necessary constitutional every individual may be a sentinel over means and personal motives to resist the public rights. These inventions of encroachments of the others. The prudence cannot be less requisite in provision for defense must in this, as in the distribution of the supreme powers all other cases, be made commensurate of the State. But it is not possible to to the danger of attack. Ambition must give to each department an equal be made to counteract ambition. The power of self-defense. In republican interest of the man must be connected government, the legislative authority with the constitutional rights of the necessarily predominates. The remedy place. It may be a reflection on human for this inconveniency is to divide the nature, that such devices should be legislature into different branches; and necessary to control the abuses of to render them, by different modes government. But what is government of election and different principles itself, but the greatest of all reflections of action, as little connected with on human nature? If men were angels, each other as the nature of their no government would be necessary. common functions and their common If angels were to govern men, neither dependence on the society will admit. It external nor internal controls on may even be necessary to guard against government would be necessary. In dangerous encroachments by still framing a government which is to be further precautions. As the weight of administered by men over men, the the legislative authority requires that it great difficulty lies in this: you must first should be thus divided, the weakness of enable the government to control the the executive may require, on the other governed; and in the next place oblige hand, that it should be fortified. it to control itself. An absolute negative on the A dependence on the people is, legislature appears, at first view, to no doubt, the primary control on the be the natural defense with which government; but experience has taught the executive magistrate should be mankind the necessity of auxiliary armed. But perhaps it would be neither

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights altogether safe nor alone sufficient. different governments will control each On ordinary occasions it might not be other, at the same time that each will exerted with the requisite firmness, be controlled by itself. Second. It is and on extraordinary occasions it might of great importance in a republic not be perfidiously abused. May not this only to guard the society against the defect of an absolute negative be oppression of its rulers, but to guard supplied by some qualified connection one part of the society against the between this weaker department and injustice of the other part. Different the weaker branch of the stronger interests necessarily exist in different department, by which the latter may be classes of citizens. If a majority be led to support the constitutional rights united by a common interest, the rights of the former, without being too much of the minority will be insecure. detached from the rights of its own There are but two methods of department? If the principles on which providing against this evil: the one these observations are founded be just, by creating a will in the community as I persuade myself they are, and they independent of the majority that is, be applied as a criterion to the several of the society itself; the other, by State constitutions, and to the federal comprehending in the society so Constitution it will be found that if the many separate descriptions of citizens latter does not perfectly correspond as will render an unjust combination with them, the former are infinitely less of a majority of the whole very able to bear such a test. improbable, if not impracticable. The There are, moreover, two first method prevails in all governments considerations particularly applicable possessing an hereditary or self- to the federal system of America, which appointed authority. This, at best, is place that system in a very interesting but a precarious security; because a point of view. First. In a single republic, power independent of the society may all the power surrendered by the people as well espouse the unjust views of is submitted to the administration of a the major, as the rightful interests of single government; and the usurpations the minor party, and may possibly be are guarded against by a division of the turned against both parties. The second government into distinct and separate method will be exemplified in the departments. In the compound republic federal republic of the United States. of America, the power surrendered Whilst all authority in it will be derived by the people is first divided between from and dependent on the society, the two distinct governments, and society itself will be broken into so many then the portion allotted to each parts, interests, and classes of citizens, subdivided among distinct and separate that the rights of individuals, or of the departments. Hence a double security minority, will be in little danger from arises to the rights of the people. The interested combinations of the majority.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE In a free government the security for to submit to a government which may civil rights must be the same as that for protect the weak as well as themselves; religious rights. It consists in the one so, in the former state, will the more case in the multiplicity of interests, and powerful factions or parties be gradnally in the other in the multiplicity of sects. induced, by a like motive, to wish for The degree of security in both cases a government which will protect all will depend on the number of interests parties, the weaker as well as the more and sects; and this may be presumed powerful. to depend on the extent of country It can be little doubted that if the and number of people comprehended State of Rhode Island was separated under the same government. This from the Confederacy and left to view of the subject must particularly itself, the insecurity of rights under the recommend a proper federal system to popular form of government within such all the sincere and considerate friends narrow limits would be displayed by of republican government, since it such reiterated oppressions of factious shows that in exact proportion as the majorities that some power altogether territory of the Union may be formed independent of the people would soon into more circumscribed Confederacies, be called for by the voice of the very or States oppressive combinations of factions whose misrule had proved the a majority will be facilitated: the best necessity of it. In the extended republic security, under the republican forms, of the United States, and among the for the rights of every class of citizens, great variety of interests, parties, and will be diminished: and consequently sects which it embraces, a coalition the stability and independence of of a majority of the whole society some member of the government, could seldom take place on any other the only other security, must be principles than those of justice and proportionately increased. Justice is the general good; whilst there being the end of government. It is the end of thus less danger to a minor from the civil society. It ever has been and ever will of a major party, there must be less will be pursued until it be obtained, or pretext, also, to provide for the security until liberty be lost in the pursuit. In a of the former, by introducing into the society under the forms of which the government a will not dependent on stronger faction can readily unite and the latter, or, in other words, a will oppress the weaker, anarchy may as independent of the society itself. It truly be said to reign as in a state of is no less certain than it is important, nature, where the weaker individual is notwithstanding the contrary opinions not secured against the violence of the which have been entertained, that stronger; and as, in the latter state, even the larger the society, provided it lie the stronger individuals are prompted, within a practical sphere, the more duly by the uncertainty of their condition, capable it will be of self-government.

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights And happily for the REPUBLICAN CAUSE, the practicable sphere may be carried to a very great extent, by a judicious modification and mixture of the FEDERAL PRINCIPLE. PUBLIUS.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in your own words using your own words using CIVIL DISCOURSE Spanish: English: People share ideas in reasonable and ______respectful ways to influence change in a society or government. ______DISCURSO CIVIL ______Personas compartiendo ideas en ______manera razonable y respetuosa para ______influenciar cambio en la sociedad o en el gobierno. ______

Challenge terms Challenge Terms in Spanish Reasonable: doing something that is not Razonable: hacer algo que no está fuera de beyond what is usual or expected. (Example: lo común o esperado. (Ejemplo: Cassie era Cassie was the reasonable choice for Class la opción razonable para presidente de la President.) clase.) Respectful: being considerate and polite. Respetuoso(a): ser considerado y cortés. (Example: The class was respectful to the (Ejemplo: La clase fue respetuosa con el speaker during the lecture.) presentador.)

EXTENDING 1. Why is civil discourse an important aspect of American society and government? 2. How you might participate in civil discourse in your community? 1. ¿Por qué es el discurso civil un aspecto importante de la sociedad y el gobierno estadounidense? 2. ¿Cómo puedes participar en el discurso civil en tu comunidad? FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in CONSENT OF THE your own words using your own words using GOVERNED Spanish: English: The government’s power is only ______justified when its power comes from ______the will or approval of the people. ______EL CONSENTIMIENTO ______DE LOS GOBERNADOS ______El poder del gobierno sólo se justifica cuando su poder proviene de la ______voluntad o aprobación del pueblo. ______

Challenge terms Challenge Terms in Spanish Justified: having a good reason for Justificado(a):tener una buena razón para something; right and fair. (Example: When algo; correcto y justo. (Ejemplo: Cuando police officers use force to arrest someone, agentes de la policía utilizan fuerza para they must show that the force is justified.) arrestar a alguien, ellos deben demostrar que Will: a desire, wish, or attitude. (Example: la fuerza está justificada.) Unless the police have a judge’s permission, Voluntad: un deseo, un querer, intención they cannot search someone’s home against o actitud. (Ejemplo: A menos que la policía her will.) tenga el permiso de un juez, la policía no puedo registrar y buscar el hogar de alguien contra su voluntad.)

EXTENDING 1. Why is it important that the government gets its power from the people? 2. What happens when a government does not follow the will of the people?

1. ¿Por qué es importante que el gobierno obtenga su poder del pueblo? 2. ¿Qué pasa cuando un gobierno no sigue la voluntad del pueblo? FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in your own words using your own words using DUE PROCESS Spanish: English: The government must obey the law and apply it equally to all citizens. ______DEBIDO PROCESO ______El gobierno tiene que obedecer la ______ley y aplicarla igualmente a todos los ______ciudadanos. ______

Challenge terms Challenge Terms in Spanish Equal protection: the law must apply to Protección igualitaria: la ley debe aplicarse all people in the same way. (Example: The a todos las personas de la misma manera. Fourteenth Amendment states that “no state (Ejemplo: La Decimocuarta Enmienda shall deny to any person within its jurisdiction establece que “ningún estado podrá negar a the equal protection of the laws.”) cualquier persona la protección igualitaria de Violate: to break a contract or agreement las leyes dentro de su jurisdicción.) (Example: Jim Crow laws violated the rights of Violar: romper un contrato o acuerdo African Americans in the South.) (Ejemplo: Las Leyes de Jim Crow violaron los derechos de los Afroamericanos en el Sur de Los Estados Unidos.)

EXTENDING 1. List some of the rights in the Constitution and Bill of Rights which help to provide due process. 2. Discuss with your family: What happens when governments do not have to obey their own laws, or when laws do not apply to all citizens equally? 1. Haz una lista de algunos derechos en la Constitución y La Carta de Derechos que ayudan a establecer el debido proceso. 2. Discute con tu familia: ¿qué pasa cuando gobiernos no tienen que obedecer sus propias leyes, o cuando las leyes no aplican para todos los ciudadanos igualmente? FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in FEDERALISM your own words using your own words using Spanish: English: Some powers are delegated [given] to the national government, while ______other powers are retained [kept] by ______the states and the citizens. ______FEDERALISMO ______Algunos poderes son delegados [dados] al gobierno nacional, mientras ______que otros poderes son retenidos y ______mantenidos por los estados y los ciudadanos. ______

Challenge terms Challenge Terms in Spanish Sovereignty: a supreme power or authority or Soberanía: el poder, autoridad, o derecho right to govern (Example: In the United States, absoluto para gobernar. (Ejemplo: En los the people hold sovereignty because they Estados Unidos, el pueblo tiene la soberanía elected representatives. In a monarchy, the porque elige a sus representantes. En una king or queen has sovereignty.) monarquía, el rey o la reina tienen la soberanía de regir.)

EXTENDING 1. What powers do only state governments hold? 2. What powers does only the national government hold?

1. ¿Qué poderes son solamente retenidos por los gobiernos estatales? 2. ¿Qué poderes son solamente retenidos por el gobierno nacional? FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in INDIVIDUAL your own words using your own words using RESPONSIBILITY Spanish: English: Individuals must take care of ______themselves and their families and ______help to preserve their liberty. ______RESPONSABILIDAD ______INDIVIDUAL ______Cada quien debe cuidar de sí mismos, de sus familias y ayudar a ______preservar su libertad. ______

Challenge terms Challenge Terms in Spanish Preserve: to protect something. (Example: A Preservar: proteger y cuidar algo. (Ejemplo: Un group of students gather together to preserve grupo de estudiantes se reúnen para preservar the old oak tree in front of the school.) el viejo árbol de roble al frente de la escuela.)

EXTENDING

1. What are some examples of ways you use individual responsibility? 1. ¿Cuáles son algunos ejemplos de maneras en que tu usas responsabilidad individual? FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in your own words using your own words using LIBERTY Spanish: English: The government does not have the ______authority to limit freedom unless allowed by the Constitution. ______LIBERTAD ______El gobierno no tiene la autoridad para ______limitar y restringir la libertad a menos ______que se lo permita la Constitución. ______

Challenge terms Challenge Terms in Spanish Social contract: the idea that citizens give Contrato social: la idea de que los ciudadanos some of their liberty to government in order dan parte de su libertad al gobierno para que for the government to preserve the rest of their el gobierno cuide y mantenga el resto de sus liberties. (Example: Thomas Hobbes was a libertades. (Ejemplo: Thomas Hobbes era un philosopher who believed that people give up filósofo que creía que las personas renuncian their liberty to the government for protection as parte de su libertad como parte del contrato part of a social contract.) social.) Arbitrary: action taken according to feelings Arbitrario(a): acciones tomadas de acuerdo or opinions instead of rules. (Example: The king a emociones y opiniones en lugar de reglas. made an arbitrary decision to take colonists’ (Ejemplo: El rey tomo una decisión arbitraria en weapons away.) quitarle las armas a los colonialistas.) EXTENDING 1. What are some ways the United States government is allowed to limit liberty? What are some ways it is not allowed to limit liberty? 2. Discuss with friend or family: How is liberty protected or limited in other countries? 1. ¿Cuáles son algunas de las maneras que el gobierno Estadounidense está permitido limitar la libertad? ¿Cuáles son algunas de las maneras en que no está permitido limitar la libertad? 2. Discute con tus amigos y familia: de qué manera es la libertad protegida o limitada en otros países? FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in your own words using your own words using LIMITED Spanish: English: GOVERNMENT ______A limited government is only given the powers it needs to protect ______the life, liberty, and property of its ______people. ______GOBIERNO LIMITADO ______A un gobierno limitado se le da solo los poderes necesarios para proteger ______la vida, la libertad, y la propiedad de ______su pueblo. ______

Challenge terms Challenge Terms in Spanish Absolute power: power that is not limited. Poder absoluto: poder que no está limitado. (Example: An unjust ruler could use absolute (Ejemplo: Un gobernante injusto puede usar el power to do whatever he wanted without poder absoluto para hacer lo que quisiera sin protecting the people he rules.) proteger a el pueblo que el gobierna.) Corrupt: not honest or moral. (Example: A Corrupto(a): deshonesto o inmoral. (Ejemplo: government official who steals public money is Un funcionario del gobierno que roba del dinero corrupt.) público es corrupto.)

EXTENDING 1. How is government limited in the United States? 2. How is government not limited in other countries? 1. ¿Cómo se limita el gobierno en los Estados Unidos? 2. ¿Cómo es un gobierno no limitado en otros países? FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in MAJORITY RULE/ your own words using your own words using MINORITY RIGHTS Spanish: English: The democratic concept of majority rule can ______sometimes mean that the rights of minorities ______or individuals are taken away by the more powerful majority. ______LA REGLA DE LA ______MAYORÍA/ DERECHOS DE ______LA MINORÍA ______El concepto democrático de gobierno de la mayoría puede a veces significar que los ______derechos de las minorías o de individuos pueden ser quitados por la mayoría que es ______más poderosa. ______

Challenge terms Challenge Terms in Spanish Majority: the greater number or amount. (Example: Mayoría: el número o la cantidad más elevada. The majority of people like ice cream.) (Ejemplo: La mayoría de las personas le gustan el Minority: the lesser number or amount. (Example: helado.) The people who don’t like ice cream are in the Minoría: el número o la cantidad menor. (Ejemplo: minority.) Las personas que no les gusta el helado están en la minoría.)

EXTENDING 1. What are some of the ways the Constitution protects the rights of individuals? 2. What might happen if the Constitution did not have protections for individuals? 1. ¿Cuáles son algunas de las maneras que la Constitución protege los derechos de los individuos? 2. ¿Qué podría suceder si la Constitución no tuviera protecciones para los individuos? FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in your own words using your own words using NATURAL RIGHTS Spanish: English: Freedoms which belong to us by nature and can only be justly taken ______away through due process. ______DERECHOS NATURALES ______Libertades que nos pertenecen por ______naturaleza y sólo pueden ser quitados con justicia a través del debido ______proceso. ______

Challenge terms Challenge Terms in Spanish Just: fair (Example: Applying punishments which Justo(a): correcto, equitativo (Ejemplo: La fit the crime is an example of just punishment.) aplicación de los castigos que se ajustan a la ofensa son ejemplos de castigos justos.)

EXTENDING 1. List five natural rights. 2. How are these rights protected by the Declaration of Independence, the Constitution, and the Bill of Rights?

1. Haz una lista de cinco derechos naturales. 2. ¿Cómo son estos derechos protegidos por la Declaración de Independencia, la Constitución y la Carta de Derechos? FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in your own words using your own words using PRIVATE PROPERTY Spanish: English: All or part of a person’s personal things, beliefs, and opinions. ______PROPIEDAD PRIVADA ______La totalidad o parte de las cosas, las ______creencias y opiniones de una persona. ______

Challenge terms Challenge Terms in Spanish “Fruits of their own labor”: the product of “Frutos de su propio trabajo”: el producto someone’s work. (Example: People have the del trabajo de alguien, (Ejemplo: Las personas right to the money they earn because it is the tienen el derecho a sus ganancias y su dinero, fruit of their own labor.) porque es el fruto de su trabajo.) Tax: money paid to the government. (Example: Impuestos: dinero pagado al gobierno. When I buy a $1 apple at the grocery store, I (Ejemplo: Cuando compro una manzana que actually pay a little more than $1—that extra cuesta $1 en la tienda, en realidad pago más money is the sales tax.) de $1 – el dinero adicional es el impuesto sobre las ventas.)

EXTENDING 1. Property is not just things—ideas and beliefs are also property. Why is this important? 2. Why is private property important? What might the world look like if there were no private property? 1. Propiedad no se refiere a cosas materiales solamente – ideas y creencias también son propiedad. ¿Por qué es esto importante? 2. ¿Por qué es importante la propiedad privada? ¿Cómo fuera el mundo diferente si no existiera la propiedad privada? FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in REPUBLICAN/ your own words using your own words using REPRESENTATIVE Spanish: English: GOVERNMENT ______Form of government in which the people ______are sovereign [ultimate source of power] and ______authorize representatives to make and carry out laws. ______GOBIERNO REPUBLICANO/ ______GOBIERNO ______REPRESENTATIVO ______Forma de gobierno en la cual el pueblo ______es soberano [fuente de poder supremo] y autorizan representantes para crear y llevar a ______cabo las leyes. ______

Challenge terms Challenge Terms in Spanish Authorize: to give approval to take action Autorizar: dar la aprobación para tomar acción (Example: The principal authorized the class to y adoptar medidas. (Ejemplo: El director le hold a fundraiser.) autorizó a la clase que tengan una recaudación Representative: a person chosen by the de fondos.) people to act and speak for them. (Example: Representante: alguien elegido por el Our class chose a representative for Student pueblo para actuar y hablar en nombre Council.) de ellos. (Ejemplo: Nuestra clase eligió a un representante para el Consejo de Estudiantes.) EXTENDING 1. How is a republic different from a nation that rules by having all citizens vote for and enforce laws?

1. ¿Cómo es una república distinta a una nación que se rige en tener a todos los ciudadanos votar por y hacer cumplir las leyes? FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in RULE OF LAW your own words using your own words using Spanish: English: Government and citizens all abide by the same laws regardless of political ______power. Laws are applied in a uniform ______and just way to protect liberty. ______ESTADO DE DERECHO ______El gobierno y los ciudadanos son sujetos a las mismas leyes, ______independientemente del poder ______político. Las leyes se aplican de manera uniforme y justa para ______proteger la libertad. ______

Challenge terms Challenge Terms in Spanish Uniform: unchanging (Example: The school Uniforme: constante, inmutable (Ejemplo: rules are uniform so that each student is held to Las reglas de la escuela son uniformes para the same expectations.) que cada alumno sea sujeto a las mismas expectaciones.)

EXTENDING 1. Why is rule of law important in a republic? 2. What problems might a nation without rule of law face?

1. ¿Por qué es el Estado de Derecho importante en una república? 2. ¿Qué problemas puede enfrentar una nación sin Estado de Derecho? FOUNDING PRINCIPLES FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in SEPARATION OF POWERS/ your own words using your own words using Spanish: English: CHECKS AND BALANCES ______The federal government of the United States is separated into three branches (executive, ______judicial, and legislative). ______

SEPARACIÓN DE PODERES/ ______PESOS Y CONTRA PESOS ______El gobierno federal de los Estados Unidos ______está dividido en tres ramas (ejecutiva, judicial y legislativa). ______

Challenge terms Challenge Terms in Spanish Executive branch: the branch of government Rama ejecutiva: la rama del gobierno which is responsible for making sure laws are responsable por asegurarse que las leyes sean followed. (Example: The President is the head of seguidas (Ejemplo: El Presidente es el jefe de la the executive branch of government.) rama ejecutiva del gobierno.) Judicial branch: the branch of government which Rama judicial: la rama del gobierno responsable is responsible for reviewing laws and making por la revisión de las leyes y asegurarse que sean sure they are constitutional. (Example: As part of constitucionales. (Ejemplo: Como parte de la the judicial branch, the Supreme Court decides rama judicial, la Corte Suprema decide si las leyes whether laws are constitutional.) son constitucionales.) Legislative branch: the branch of government Rama legislativa: la rama del gobierno which is responsible for creating laws. (Example: responsable por la creación de las leyes. The legislative branch is made up of the House of (Ejemplo: La rama legislativa está compuesta Representatives and the Senate, which make the por la Cámara de Representantes y el Senado, laws of the United States.) quienes crean las leyes de los Estados Unidos.) EXTENDING 1. Why is it important that the powers of government are separated? 2. What are some ways the different branches of government check each other? 1. ¿Por qué es importante que los poderes del gobierno estén separados? 2. ¿Cuáles son algunas maneras en que las diferentes ramas del gobierno se vigilan entre sí? VOCABULARY SCAFFOLDING FOR ENGLISH LANGUAGE LEARNERS

Put this in principle in Put this in principle in AMENDMENT your own words using your own words using A change or addition to the Spanish: English: original version of a document. The ______United States Constitution has 27 Amendments. The first ten, dedicated ______to listing some of the protected rights of states and citizens, are called the Bill ______of Rights. ______ENMIENDA ______Un cambio o adición a la versión ______original de un documento. La ______Constitución de los Estados Unidos tiene 27 enmiendas. Las primeras diez, ______dedicadas a enumerar algunos de los derechos protegidos de los estados y ______de los ciudadanos, se le llama la Carta de Derechos.

Challenge terms Challenge Terms in Spanish Rights: that which is due to a person naturally Derechos: lo que se le debe a una persona or legally (Example: It is my natural right to naturalmente o jurídicamente. (Ejemplo: Es mi have liberty. It is my legal right to have due derecho natural tener libertad y ser libre. Es process under the law.) mi derecho jurídico tener debido proceso ante Protect: to keep safe (Example: I protect my la ley. home by locking the door.) Proteger: mantener seguro (Ejemplo: Yo protejo mi hogar trancando la puerta.)

EXTENDING 1. Why is it important to be able to change the Constitution? 2. How might the country look today if the Constitution could not be amended? 1. ¿Por qué es importante tener la capacidad de cambiar la Constitución? 2. ¿Cómo podría ser visto el país hoy, si no fuera posible enmendar la Constitución? VOCABULARY SCAFFOLDING FOR ENGLISH LANGUAGE LEARNERS

Put this in Put this in ANTI-FEDERALIST principle in your principle in your own words using own words using Anti-Federalists were a group of Founding Fathers Spanish: English: who thought creating a large federal government would threaten the rights of states and citizens. ______After the Constitution was written, Anti-Federalists supported adding a Bill of Rights to protect those ______rights. ______ANTI-FEDERALISTAS ______Anti-federalistas fueron un grupo de Fundadores ______que creían que la creación de un gobierno federal grande amenazaría los derechos de los estados y ______sus ciudadanos. Después que la Constitución fue ______escrita, los Anti- Federalistas apoyaron la adición de la Carta de Derechos para proteger esos ______derechos. ______

Challenge terms Challenge Terms in Spanish Federal government: government at the national Gobierno federal: gobierno a nivel nacional, en level as opposed to state or local government. comparación al gobierno estatal o local. (Ejemplo: (Example: Congress is the legislative body of the El Congreso es el órgano legislativo del gobierno federal government.) federal.) Power: the ability of an individual or group to Poder: la habilidad que tiene un individuo o grupo influence the actions of others. (Example: The de influir las acciones de los demás. (Ejemplo: El government has the power to tax citizens.) gobierno tiene el poder de colectar impuestos de los ciudadanos.) EXTENDING

1. Why might a powerful central government be able to take away citizens’ rights? 2. Anti-Federalists wanted to prevent the federal government from becoming too powerful. What are some of the methods of limiting the government found in the Constitution?

1. ¿Por qué quisiera un poderoso gobierno central poder quitarle derecho a sus ciudadanos? 2. Los Anti-Federalistas querían prevenir que el gobierno federal adquiriera mucho poder. ¿Cuáles son algunos de los métodos que se encuentran en la Constitución que limitan el gobierno? VOCABULARY SCAFFOLDING FOR ENGLISH LANGUAGE LEARNERS

Put this in Put this in principle in your principle in your CONSTITUTION own words using own words using The basic principles by which a nation is governed. Spanish: English: The United States Constitution explains the ______powers and structure of the federal government. ______CONSTITUCIÓN ______Los principios básicos por los que se rige ______una nación. La Constitución de los Estados Unidos explica los poderes y la estructura del ______gobierno federal. ______

Challenge terms Challenge Terms in Spanish Enumerated powers: powers that are named Poderes enumerados: poderes que se nombran o or listed (Example: The Constitution lists the son listados. (Ejemplo: La Constitución detalla los enumerated powers of the federal government.) poderes enumerados del gobierno federal.) Reserved powers: powers that are not written in Poderes reservados: poderes que no están escritos the Constitution, but are held by specific the states en la Constitución pero son mantenidos por estados or the people. (Example: The states and the people específicos o los ciudadanos. (Ejemplo: Los estados can determine how to hold elections.) y el pueblo pueden determinar cómo llevar a cabo las elecciones.)

EXTENDING

1. Why is it important for a government to have a set of basic principles? 2. Why did the Founders believe that the powers and structures of the federal government needed to be written in a Constitution?

1. ¿Por qué es importante para un gobierno tener un conjunto de principios básicos? 2. ¿Por qué los Fundadores creían que era necesario escribir en una constitución los poderes y la estructura del gobierno federal? VOCABULARY SCAFFOLDING FOR ENGLISH LANGUAGE LEARNERS

Put this in principle Put this in principle in your own words in your own words FEDERALIST using Spanish: using English: The Federalists were a group of Founders who supported a strong federal government. They ______supported the Constitution but did not want a ______Bill of Rights. Because it would be impossible to list all rights, they feared listing rights would ______make the government able to take away rights that had not been listed. ______FEDERALISTA: ______Los Federalistas fueron un grupo de ______Fundadores que apoyaron un gobierno federal fuerte. Ellos apoyaban la Constitución pero no ______querían incluir la Carta de Derechos. Porque hubiese sido imposible enumerar todos los ______derechos, ellos temían que la enumeración de derechos haría a el gobierno capaz de quitar los Challenge terms derechos que no habían sido mencionados. Tyranny: a leader or group who abuses power. (Example: The Founders believed that monarchy or absolute power could lead to tyranny.) EXTENDING Compromise: an agreement between groups or individuals in which each party 1. What are some protected rights that are not gives something up to meet a shared goal. explicitly listed in the Constitution or the Bill of (Example: The Federalists and Anti-Federalists Rights? compromised about a Bill of Rights in order to 2. What might the United States look like if there ratify the Constitution.) were no strong central government and more Challenge Terms in Spanish powers were left to the states? Tiranía: il hecho en el cual un líder o grupo 1. ¿Cuáles son algunos de los derechos abusa el uso del poder. (Ejemplo: Los protegidos que no están explícitamente Fundadores creían que una monarquía o el escritos en la Constitución o la Carta de poder absoluto podrían conducir a la tiranía.) Derechos? Compromiso: un acuerdo entre grupos o 2. ¿Cómo podría ser visto Los Estados Unidos hoy individuos en el cual cada parte cede algo para día, si no existiera un gobierno central fuerte y cumplir con un objetivo compartido. (Ejemplo: Los Federalistas y los Anti-Federalistas más poderes se le dejaran a los estados? comprometieron en la Carta de Derechos con el fin de ratificar la Constitución.)

VOCABULARY SCAFFOLDING FOR ENGLISH LANGUAGE LEARNERS

Put this in Put this in principle in your principle in your INCORPORATION own words using own words using The process by which courts have used the Spanish: English: Fourteenth Amendment’s guarantee of due ______process to apply most of the protections of the Bill of Rights to the states. ______INCORPORACIÓN ______El proceso por el cual las cortes han usado la garantía del debido proceso encontrada ______en la Decimocuarta Enmienda para aplicar ______la mayoría de las protecciones de la Carta de Derechos a los estados. ______

Challenge terms Challenge Terms in Spanish Interpretation: an explanation for one’s Interpretación: una explicación para la understanding. (Example: The Supreme Court comprensión de uno. (Ejemplo: La Corte Suprema interprets laws passed by Congress.) interpreta las leyes aprobadas por el Congreso.)

EXTENDING

1. Why is it significant (important) that the protections in the Bill of Rights have been applied to the states? 2. What would the Founders have thought of the Bill of Rights being applied to the states?

1. ¿Por qué es significativo (importante) que las protecciones de la Carta de Derechos hayan sido aplicadas a los estados? 2. ¿Qué hubiesen pensado los Fundadores de la aplicación de la Carta de Derechos a los estados? VOCABULARY SCAFFOLDING FOR ENGLISH LANGUAGE LEARNERS

Put this in principle Put this in principle RATIFY in your own words in your own words using Spanish: using English: To make something official by approving it. The government set up ______by the Constitution could not become ______legitimate until the Constitution was ratified by the states. ______RATIFICAR ______Aprobar algo para hacerlo oficial. ______El gobierno establecido por la Constitución no podría ser legitimo ______hasta que la Constitución fuera ______ratificada por los estados. ______

Challenge terms Challenge Terms in Spanish Legitimate: lawful or justified (Example: If a Legitimo: lícito o justificado (Ejemplo: Si un government does not carry out the will of the gobierno no sigue la voluntad del pueblo, no es people, it is not legitimate.) un gobierno legitimo.) Official: approved or accepted (Example: The Oficial: aprobado o aceptado (Ejemplo: Los results of the election are not official until all of the resultados de la elección no son oficial hasta que votes are counted.) todos los votos hayan sido contados.) EXTENDING

1. Why did the Constitution need to be ratified before the federal government could be considered legitimate? 2. Several states did not want to ratify the Constitution if a Bill of Rights was not added. With this in mind, how has the process of ratification changed the Constitution and the federal government?

1. ¿Por qué tenia que ser ratificada la Constitución antes de considerar el gobierno federal legitimo? 2. Varios estados no querían ratificar la Constitución sin la Carta de Derechos. ¿Con esto en mente, cómo han cambiado la Constitución y el gobierno federal a causa del proceso de ratificación? GLOSSARY

FOUNDING PRINCIPLES

Civil discourse: People share ideas in reasonable and respectful ways to influence change in a society or government.

Consent of the Governed: The government’s power is only justified when its power comes from the will or approval of the people.

Due process: The government must obey the law and apply it equally to all citizens.

Federalism: Some powers are delegated [given] to the national government, while other powers are retained [kept] by the states and the citizens.

Individual Responsibility: Individuals must take care of themselves and their families and help to preserve their liberty.

Liberty: The government does not have the authority to limit freedom unless allowed by the Constitution.

Limited government: A limited government is only given the powers it needs to protect the life, liberty, and property of its people.

Majority rule/minority rights: The democratic concept of majority rule can sometimes mean that the rights of minorities or individuals are taken away by the more powerful majority. The Founders wrote the Constitution carefully to carry out the will of the majority while, at the same time, protecting the rights of individuals, especially those who have unpopular ideas.

Natural rights: Rights which belong to us by nature and can only be justly taken away through due process.

Private property: All or part of a person’s personal things, beliefs, and opinions.

Republican/Representative Government: Form of government in which the people are sovereign [ultimate source of power] and authorize representatives to make and carry out laws.

Rule of Law: Government and citizens all abide by the same laws regardless of political power. Laws are applied in a uniform and just way to protect liberty.

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights Separation of Powers/Checks and Balances: The federal government of the United States is separated into three branches (executive, judicial, and legislative). Each branch has different powers, which allows the branches to check each other to keep any one branch from becoming too powerful.

KEY TERMS

Accuse: To charge someone with something, usually a crime.

Amendment: To change or add to something to change the meaning of a law or bill.

Anti-Federalists: A group of Founders that supported amending the Articles of Confederation, were concerned about a strong central government, wanted to continue with strong state governments, and fought for the Bill of Rights as a way to protect citizens from a strong central government.

Assembly: A group of people acting together.

Branches of Government: The separate divisions of government including the executive, legislative, and judicial branches.

Coercion test: A test used by the Supreme Court to determine if someone is being forced into participating in a religious ceremony, or by offering aid to private religious schools.

Colony: A territory ruled by a distant nation.

Colonist: The people of a colony.

Commerce: The system for buying and selling goods.

Commerce Clause: Article I, Section 8 of the Constitution states that Congress shall have the power to regulate commerce [business and trade] if it involves more than one state or if it involves the U.S. and other countries.

Common Law: A group of legal customs and traditions that have the same force as written law.

Compromise: The settlement of an argument or discussion where each side gives a little up to come to an agreement.

Constitution: The plan for a system of government of a nation or state.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE Constitutional Convention: The meeting held in Philadelphia in the summer of 1787 to write the United States Constitution.

Double jeopardy: The government cannot prosecute a person for the same crime repeatedly to obtain the verdict it wants.

Eighth Amendment: No excessive bail, fines, or cruel or unusual punishments can be forced on someone who commits a crime.

Eminent domain: The government can obtain private property for public use as long as they pay for it.

Endorsement test: A test used to decide whether government policies or actions support a specific religious message and violate the Establishment Clause.

Equal protection: The Fourteenth Amendment states that “No state shall…deny to any person within its jurisdiction the equal protection of the laws.”

Establish: To bring into existence.

Establishment Clause: The clause in the First Amendment that states that Congress shall not pass a law to set up an official religion of the United States.

Expand: To increase in number, size, or amount.

Federal: a form of government in which power is divided between a central government and smaller units like states.

Federalists: A group of Founders that believed the central government was not strong enough under the Articles of Confederation and advocated for the new Constitution. They believed a bill of rights was not needed because the Constitution itself limited the government’s powers. They also feared that creating a list of rights might lead to other dangers, such as implying powers that had not been granted to the government.

Fifth Amendment: The amendment states that a person cannot be held for committing a capital crime unless they have been brought before a Grand Jury; a person cannot be tried for the same crime twice; a person cannot be forced to testify [speak in court] against himself; a person cannot have their life, liberty, or property taken away without due process; a person cannot have their property taken away for public use without being compensated [paid] for it.

First Amendment: The amendment states that Congress cannot establish a religion,

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights keep someone from exercising their religion; remove the freedom of speech, press, or assembly peaceably, or petition the government.

Fourteenth Amendment: The amendment that guaranteed citizenship to all people who are born or naturalized in the United States, protected citizens from states depriving them of life, liberty, or property without due process of law, and provided for the equal protection of citizens.

Fourth Amendment: The amendment protects people from unreasonable searches and seizures and stated that warrants will only be issued with probable cause.

Free Exercise Clause: The clause of the First Amendment that states that Congress shall not keep people from exercising [practicing] their religion

Fundamental: Forming a foundation.

Fundamental fairness: Deciding whether or not laws are fairly written and fairly applied.

General Law Test: A test to determine the constitutionality of laws relating to religion. Laws that apply to all religions in general are usually constitutional. Laws that apply to only one religion are unconstitutional.

Hate Speech: Derogatory speech directed toward a specific group.

Incorporation: Originally, the Bill of Rights applied only to the actions of the federal government, but beginning in 1925, the Supreme Court began to apply portions of the Bill of Rights to the states through the Fourteenth Amendment’s Due Process Clause.

Infringe: To fail to obey an agreement; to limit.

Intellectual property: Things that belong to people, but cannot be touched, such as songs, books, poems, music, and art.

Interpret: To explain the meaning of something.

Jim Crow laws: Laws enacted after the Civil War which created “legal” racial discrimination and segregation.

Just compensation: The amount paid to someone whose property is taken for public use (like a park or a road) should be the same amount as a buyer would pay in cash to a willing seller at the time.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE Lemon test: Three-part test sometimes used by the Supreme Court to decide whether the government can be involved in religious policies or actions. Acceptable policies or actions must a) have a primarily non-religious purpose; b) neither aid nor harm religion above all; and c) not cause the government to be overly involved with religion.

Libel: Writing that intentionally spreads harmful untruths about someone’s character

John Locke: Locke believed that a government’s purpose is to protect individual natural rights such as life, liberty, and property, and therefore citizens must be able to change or bring an end to the government if it failed to protect them.

Magna Carta: The oldest document (1215) in the British and American heritage of rights. It contributed to the adoption of the 1st, 3rd, 4th, 5th, 6th, and 8th amendments of the Bill of Rights and speaks of these rights as ancient.

Militia: An individual or group of individuals who come together to protect themselves and their neighbors.

Ninth Amendment: The amendment states that the list of rights in the Constitution shall not be used to deny other rights the people already have.

Oppress: To control or rule in a harsh way.

Origin: A beginning or source.

Parliament: The legislative branch of government in Great Britain.

Partial taking: When citizens have lost some of their property or their property’s value through government actions.

Petition: A request.

“Picket Fence” Approach: The idea that there is some room for religion to influence government or government to influence religion in the constitutional system.

Preserve: To keep or save.

Protestant: A member of a Christian church that separated from the Roman Catholic Church.

Property: Things such as land, houses, cars, and other material things; future money made from selling an object or idea; a person’s conscience, thoughts, and reputation.

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights Protected speech: All speech that does not cause unlawful action or illegal behavior is legal.

Public use: The building of highways, railroads, schools, parks, or other facilities that help improve the public welfare or public interest of the community as a whole

Ratify: To approve.

Ratification:Official approval.

Republic: Form of government in which the people hold the power and approve representatives to make and carry out laws.

Revolution: The overthrow of one government in favor of another government.

Rights: The Founders believed that natural rights, or freedoms with which were people were born, could not be denied to anyone.

Roots: The background or ancestors of a person.

Scope: The opportunity for action or thought.

Second Amendment: The amendment states that the right to a militia and the right to keep and bear arms shall not be violated.

Sedition Act of 1798: This law made it illegal for people to criticize the president or any member of Congress.

Segregation: Discrimination against a particular group based on race, gender, or sexual orientation.

Self-incrimination: The Fifth Amendment prevents the government from being able to force a person to testify against himself.

Seventh Amendment: This amendment states that people have a right to a jury trial if the value of a lawsuit is above $20. It also says that if a jury decides a case, the case cannot be brought to another court unless it is within the rules of common law.

Separation of Church and State: The principle that the federal government and religious institutions should be separate. This language is not actually included in the Constitution or Bill of Rights, but can be found in a letter written by President Thomas Jefferson.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE Significant: Important

Sixth Amendment: The amendment states that in criminal cases, the person who is accused has the right to a speedy, public trial by an impartial jury in the area where the crime was committed. The person who is accused shall be told what he is accused of doing, should be able to face witnesses who speak against him, have witnesses speak on his behalf, and have the assistance of a lawyer.

Slander: Speech that purposely spreads false statements about someone’s character

Standing Army: A permanent military group maintained during times of peace and of war.

Takings clause: This clause of the Fifth Amendment states that the government cannot take private land for the purpose of “public use” without paying the property owner.

“Taxation Without Representation”: The American colonists objected to being taxed by the British government since they didn’t have representatives in the British government to speak on their behalf.

Tenth Amendment: The amendment states that the powers not given to the United States in the Constitution are left to the states or the people.

Third Amendment: The amendment states that soldiers shall not be quartered [housed] without the consent of the owner during times of peace nor in an unlawful way during times of war.

Total Incorporation: The idea that every part of the Bill of Rights should be applied to the states.

Tradition: The information, customs, or beliefs that are handed down from one generation to another.

Treatise: A paper or essay.

Unprotected speech: Speech that intentionally spreads falsehood about someone’s character, such as libel or slander, or speech that maliciously puts others in harm’s way, such as speech that may start a riot, incite a panic, or otherwise threaten public safety

Unenumerated rights: Rights not listed in the first eight amendments or elsewhere in the Constitution, but still protected by the Constitution under the Ninth Amendment.

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights Unjust: Unfair.

Violate: To do harm, damage, or break.

Voucher System: Parents receive a fixed amount of public funds called a voucher to pay for a charter, private, or religious school of their choice.

“Wall of Separation” principle: The idea that there should be significant separation between government and religion.

Warrant: A document that must be obtained by showing evidence in order to search an individual or place or to make an arrest.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE Unit 4: The Bill of Rights and Freedoms of the Press, Assembly, and Petition

LESSON 1: WHY DOES A FREE PRESS accuse a publisher of libel. For the second MATTER? part of the question, accept reasoned answers. 5. Accept reasoned answers. Does a Free Press Matter? 1. Press freedom is a traditional right, Handout B: A Free Press and the though its practical definition has Candidates changed over time. Nearly all of the Answers will vary based on the candidates American colonies protected the freedom researched and resources uses. of the press. At the time, freedom of the press was understood to mean Handout C: Letter From a Friend that government could not censor the Accept reasoned responses. publication of material in advance, known as “prior restraint.” The Founders valued Handout A: Background Essay – newspapers themselves, because they helped support an informed citizenry. LESSON 2: WHY ARE THE RIGHTS TO 2. Accept reasoned answers. ASSEMBLY AND PETITION IMPORTANT 3. In a unanimous decision, the Supreme TO LIBERTY? Court ruled in favor of the New York Times. In order to prove libel, a “public official” must know that the newspaper Where Did the Rights to Petition and acted with “’actual malice’—that is, Assembly Come From, and How Do with knowledge that is was false or with Americans Exercise Them? reckless disregard” for the truth. The 1. The Magna Carta (1215) first provided a Court asserted America’s “profound right to assemble and petition the king national commitment to the principle for small groups of barons, but it was very that debate on public issues should be limited. This right was then expanded to uninhibited, robust, and wide-open.” Free all citizens, and the limitations lifted, in and open debate about the conduct of the English Bill of Rights (1689). These public officials, the Court reasoned, was rights influenced our Founding generation more important than occasional, honest in the various petitions they made to the factual errors that might hurt or damage king, such as the Stamp Act Congress and officials’ reputations. For the second part the Olive Branch Petition, culminating in of the question, accept reasoned answers. the Declaration of Independence. 4. The Court reasoned that it would be 2. Americans petitioned the Congress and too difficult to operate a free press if their states from very early on, regarding newspapers were forced to fact-check issues such as slavery, child labor, and every advertisement they ran in their prohibition. Civil Rights leaders, such paper; because of this, it is very difficult as Martin Luther King, urged citizens to for public officials to win in court if they

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE petition and protest in favor of expanded malls. The First Amendment applies only political and civil rights. Americans today to government restrictions on speech/ exercise this right through petition drives, assembly, not that of private companies organized protests, emailing and calling or individuals. government officials, and through social 4. True. In Coates v. Cincinnati (1971), the media outlets, such as Facebook and Court held that an assembly on a public Twitter. sidewalk, even if it annoys passersby, is 3. In National Socialist Party of America v. protected by the First Amendment. So Village of Skokie (1977), the Supreme long as others are still able to use the Court ruled that government cannot, sidewalk, the assembly is constitutional. through its laws, prevent an assembly 5. False. In Grayned v. City of Rockford from occurring simply because it (1972), the Court held that protests near disagrees with the message. The content schools that are intended to disrupt of the speech an assembly produces classes are not protected by the First cannot be a reason for restricting them Amendment. from assembling in the first place. 6. False. In Gregory v. City of Chicago 4. Reasonable time, place, and manner (1969), the Court held that the restrictions on assemblies are acceptable, government cannot stop protestors from so long as they are not made on the demonstrating because their cause is basis of the content of the message. unpopular. In National Socialist Party of Suggested examples of acceptable time/ America v. Village of Skokie (1977), the place/manner restrictions: assemblies Supreme Court extended this principle by cannot occur on private property without holding that governments could not stop the permission of the property owner; an assembly because a majority of citizens a “buffer zone” around abortion clinics; find the content of the demonstration to assemblies that threaten the rights or be “offensive to the core.” safety of others. 7. False. Courts have routinely upheld 5. Accept reasoned answers. Students are local night-time noise and/or peace likely to say that assembly and petition ordinances of residential neighborhoods both go hand-in-hand with other as a reasonable time, place or manner protections of the First Amendment, such restriction. as the right to free speech. The ability to 8. True. General rules of public, come together with others is what gives government-provided parks that apply power to an individual’s right to speak, to all visitors equally are generally not and one without the other would be less considered restrictions on speech or effective. assembly. 9. True. In Meyer v. Grant (1988), the Court Handout B: Assembly and Petition held that states could not prevent groups True/False Challenge from hiring and paying people to circulate 1. True. petitions. 2. True. 10. False. In Snyder v. Phelps (2011), the 3. False. In Lloyd v. Tanner (1972), the Court Court held that those who stage a held that protest groups do not have peaceful protest on an issue of public the right to gather in private shopping concern near a soldier’s funeral are

© THE BILL OF RIGHTS INSTITUTE Preserving the Bill of Rights shielded by the First Amendment, Accept reasoned responses. protecting them from civil lawsuits, or lawsuits by private individuals, for reasons such as pain and suffering. Handout C: A Petition Handout A: Background Essay- What

Unit 5: The Bill of Rights and Guns

LESSON 1: WHAT ARE ORIGINS AND Answers will vary. Accept reasoned answers. INTERPRETATIONS OF THE RIGHT TO KEEP AND BEAR ARMS? Handout E: Town Council Discussion Guide Answers will vary. Accept reasoned answers. Are Origins and Interpretations of the Rights to Keep and Bear Arms? 1. The English Bill of Rights (1689) gave gun rights only to some people. While LESSON 2: HOW HAS THE SECOND the English Bill of Rights said Protestant AMENDMENT BEEN INTERPRETED? individuals could own guns, it denied that right to the Catholic minority. Handout A: Background Essay- How 2. Some scholars argue that the militia of the Has the Second Amendment Been Second Amendment means state armies, Interpreted? like today’s National Guard. According to 1. In Presser v. Illinois (1886), the Court held this argument, the Second Amendment that states could not disarm citizens, does not grant an individual’s right when it because that would interfere with the refers to “the right of the people to keep federal government’s ability to raise a and bear arms.” Instead, they say the militia. Second Amendment simply protects state 2. In United States v. Miller (1939), the militias from the federal government as Supreme Court held that the Second the Anti-Federalists had insisted. Others Amendment did not protect the right believe “militia” referred to a group of to possess all types of weapons. The citizens. Since there was no official army or Court upheld a federal law that regulated police force, some scholars argue that the sawed-off shotguns. The Court reasoned “militia” was individual citizens who could that since that type of weapon was not be called to protect themselves and their related to keeping up a militia, the Second neighbors. Amendment did not protect the right 3. In United States v. Verdugo-Urquidez to own it. In other words, the Second (1990), the Supreme Court said that the Amendment protected a right to own Second Amendment means “individuals” weapons. The question was how far that when it says “people.” The individual right right went. to bear arms was affirmed in United States 3. District of Columbia v. Heller (2008) v. Emerson (1999). was the first time the Supreme Court Handout D: Group Discussion Guide

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE