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Chapter 8, Lesson 1, Part 2

Checks and Balances, Bill of Rights and the Amendment Process

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Guiding Question

What rights are listed in the Bill of Rights to the Constitution?

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Popular Sovereignty

Republican Form of Government

Limited Government

Separation of Powers

Checks and Balances

Individual Rights

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The Bill of Rights

A Constitutional Rights Activity

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What is a right?

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Where are our rights listed?

The Florida Constitution

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What are the first 10 amendments to our US Constitution called?

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Let’s look at some of the rights in our US Constitution

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Amendment 1

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for a redress of grievances.

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Amendment I (First Amendment)

  • Religion

  • Assembly

  • Press

  • Petition

  • Speech

The Fab 5!

RAPPS

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Freedom of Religion

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Right to Peaceably Assemble

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Freedom of the Press

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Freedom of Speech

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Speech: the communication or expression of thoughts to convey a message

Should speech ever be limited?

FIRE!

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Amendment 2

A well regulated Militia, being necessary to the security of the free State, the right of the people to keep and bear Arms, shall not be infringed.

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Right to Bear Arms

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Amendment 3

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law

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Amendment 4

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath of affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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Right to protection from unreasonable searches and seizures

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Amendment 5

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

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Protection from �Self-Incrimination

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I would like to plead the Fifth.

Protection from self-incrimination: don’t have to testify against yourself

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nor shall any person be subject for the same offense* to be twice put in jeopardy

Double jeopardy: being tried for the same crime twice

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…without due process of law…

Due process: the right of a citizen to fair and proper legal procedures

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Amendment 6

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in favor, and to have the assistance of counsel for his defense.

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Right to Legal Counsel

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Amendment 7

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

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Amendment 8

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

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Right to protection from cruel and unusual punishment

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Amendment 9

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

*think Federalist Argument

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Amendment 10

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

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“2/3 of the Congress….3/4 of the States….that's how you make an amendment so great!”

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How are Constitutional Amendments “Proposed” and “Ratified”