LIVING CONSTITUTION The Bill of Rights 1 Plan & Prepare and Amendments 11–27 In 1787, Thomas Jefferson sent James Madison a letter about the Constitution. Objectives Jefferson wrote, “I will now add what I do not like . [there is no] bill of rights.” He explained his reasons: “A bill of rights is what the people are entitled to • Summarize issues addressed in the Bill of against every government on earth . and what no just government should Rights and their importance in the U.S. refuse.“ Jefferson’s disapproval is not surprising. In writing the Declaration of government Independence, he spelled out basic individual rights that cannot be taken way. These are “life, liberty, and the pursuit of happiness.” The Declaration states • Identify the issues that Amendments that governments are formed to protect these rights. 11–17 address Several states approved the Constitution only if a list of guaranteed freedoms was added. While serving in the nation’s fi rst Congress, James Madison helped draft the Bill of Rights. In 1791, these fi rst ten amendments became part of James Madison played a leading role in the Constitution. the creation of the U.S. Constitution. Read for the Essential Question A MENDMENTS 1–10. The Bill of Rights no Help students read for a purpose by reminding print them of the Essential Question: “How has our KEY QUESTION Why do some individual rights need special protection in 220-year-old Constitution remained a living the Constitution? zone document?” A MENDMENT 1. Religious and Political Freedom 1791 Congress shall make no law respecting an establishment of religion, or 2 Focus & Motivate The Five Freedoms prohibiting the free exercise thereof; or abridging the freedom of speech, 1. Freedom of Religion or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 3-Minute Warm-Up 2. Freedom of Speech 3. Freedom of the Press Write on the board or display the transparency: 4. Freedom of Assembly • Which of the freedoms in the Bill of Rights 5. Freedom to Petition have you exercised? What would happen if any of those freedoms were taken away? (Accept any rights students list as exercised; Democracy would be limited in some way.) Unit 3 Transparency Book • 3-Minute Warm-Ups, TT16 More About . The Establishment Clause The part of the First Amendment that 286 Chapter 0 prohibits the government from setting up a national religion is called the establishment clause. In Engel v. Vitale (1962), a group of DIFFERENTIATING INSTRUCTION parents sued the New York public school district for writing a “non-denominational” prayer that students cited at the beginning English Learners Pre-AP of each school day. The Supreme Court ruled that requiring students to recite the Key Academic Vocabulary Chart the Five Freedoms prayer violated the establishment clause. Note the word guaranteed in the fi rst Have students create a chart that In delivering the opinion of the Court, sentence of the second paragraph of the lists the fi ve basic freedoms, a short Justice Hugo Black noted that “. this very introduction. Read the sentence aloud description of each, and some examples practice of establishing governmentally and ask students to suggest defi nitions. of how the fi ve freedoms affect composed prayers for religious services was Then ask students to look up the word American life. Ask students to share one of the reasons which caused many of in a dictionary. You may want to discuss their explanations with others after they our early colonists to leave England and other common uses of the word, such as are fi nished. seek religious freedom in America.” in a guarantee for a consumer product. 286 • The Living Constitution Constitution Handbook LIVING CONSTITUTION A MENDMENT 2. Right to Bear Arms 1791 A well-regulated militia, BACKGROUND being necessary to the security of a free state, the right of the people to VOCABULARY keep and bear arms, shall not be infringed. abridging reducing quartered given a place A MENDMENT 3. Quartering Troops 1791 No soldier shall, in time of to stay peace be quartered in any house, without the consent of the owner, nor in 3 due process of law fair Teach time of war, but in a manner to be prescribed by law. treatment under the law Amendments 1–10 A MENDMENT 4. Search and Seizure 1791 The right of the people to be compulsory process required procedure secure in their persons, houses, papers, and effects, against unreasonable counsel a lawyer searches and seizures, shall not be violated, and no warrants shall issue, but Reader, Recorder, Reporter upon probable cause, supported by oath or affi rmation, and particularly • Why is the right to a speedy trial important? describing the place to be searched, and the persons or things to be seized. (so that people cannot be held in jail for an unnecessarily long time) A MENDMENT 5. Rights of Accused Persons 1791 No person shall be held to answer for a capital, or otherwise infamous crime, unless on a pre- Legal Rights • Why do you think one of the freedoms in sentment or indictment of a Grand Jury, except in cases arising in the land In 1966, the Supreme Court made the First Amendment is called “freedom of or naval forces, or in the militia, when in actual service in time of war or a decision based on the 5th and the press?” (It refers to printing presses and public danger; nor shall any person be subject for the same offense to be 6th Amendments. The outcome of this ruling is called “Miranda the freedom to publish opinions in printed twice put in jeopardy of life or limb; nor shall be compelled in any crimi- rights.” Miranda rights protect newspapers.) nal case to be a witness against himself, nor be deprived of life, liberty, suspects from giving forced or property, without due process of law; nor shall private property be taken confessions. Police must read • Connect to Today Why is the 2nd these rights to a suspect they are no no print zone for public use, without just compensation. questioning. For example: Amendment a source of controversy today? print • “ You have the right to remain (Some members of the government want A MENDMENT 6. Right to a Speedy, Public Trial 1791 In all criminal silent.” regulations on the sale and ownership of prosecutions, the accused shall enjoy the right to a speedy and public trial, by zone • “ Anything that you say can guns, but other people think the amendment an impartial jury of the State and district wherein the crime shall have been and will be used against you committed, which district shall have been previously ascertained by law, and in a court of law.” implies that people should not be limited in the to be informed of the nature and cause of the accusation; to be confronted • “ You have the right to an fi rearms they want to own.) with the witnesses against him; to have compulsory process for obtaining attorney.” witnesses in his favor, and to have the assistance of counsel for his defense. More About . Miranda Rights Ernesto Miranda was charged with kidnapping and rape. After being questioned by police, he confessed and signed a written statement. However, he had never been told that he had the right to say nothing or to have a lawyer. A jury convicted him, based on his written confession. But in 1966, the Supreme Court (left) Demonstrators exercise their First Amendment ruled that the police had violated Miranda’s rights of freedom of assembly and of speech at a rally in favor of immigration reform in 2006. (above) A rights under the 5th and 6th Amendments. journalist, utilizing freedom of the press, interviews a Now police must inform suspects of their Hispanic family rallying for the same cause. rights before questioning them. ChapterAmendments Title 287 PROGRAM RESOURCES ON LEVEL ENGLISH LEARNERS INCLUSION TECHNOLOGY Unit 3 Resource Book Pupil Edition in Spanish Unit 3 Resource Book Unit 3 Transparency Book • Reading Study Guide, p. 209 eEdition with Audio DVD-ROM • RSG with Additional Support, • 3-Minute Warm-Ups, TT16 • Vocabulary Practice, p. 235 eEdition in Spanish DVD-ROM p. 217 • Fine Art, TT17 • Section Quiz, p. 240 Unit 3 Resource Book • Section Quiz, p. 240 • RSG (Spanish), p. 225 • Reteaching Activity, p. 244 Power Presentations DVD-ROM STRUGGLING READERS • RSG with Additional Support ClassZone.com Unit 3 Resource Book (Spanish), p. 233 GIFTED & TALENTED American History Video Series • RSG with Additional Support, Multi-Language Glossary Unit 3 Resource Book p. 217 Test Generator • Section Quiz, p. 240 • Building Background Vocabulary, • Section Quiz in Spanish p. 236 PRE-AP • Section Quiz, p. 240 Unit 3 Resource Book • Reteaching Activity, p. 244 • Section Quiz, p. 240 eEdition with Audio DVD-ROM Teacher’s Edition • 287.