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The Bill of Rights


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Title: The Bill of Rights

The Bill of Rights
Rights and Responsibilities
  • The meaning behind rights and responsibilities
  • Americans understanding of the Bill of Rights
  • What does it all mean?

Rights and Responsibilities
  • Rights and their responsibilities are inseparable
  • The Framers drew from the past to build for the
  • Roman Republic
  • Enlightenment philosophy
  • English law
  • American colonial history
  • The rights granted evolved over time

The Roman Republic
  • The Roman Republics influence on the Bill of
  • Roman law based on laws of nature
  • Laws established equality and justice
  • Limited the power of the state
  • Created laws that protected property, contracts,
    and promoted equality
  • Stressed the responsibility of civic virtue

Influences from English Law
Magna Carta (1215)
  • Defined the power of the monarchy
  • Protected barons rights to property, trial by
    their peers, and taxation only by consent

Glorious Revolution (1689)
  • Placed Parliament above the monarchy
  • Gave Parliament freedom of speech
  • No quartering of troops in peoples homes
  • No punishment without cause

The Magna Carta
Enlightenment Philosophy
  • Humanists promoted the dignity of the individual
    and identified the rights of man
  • Voltaire advocated freedom of speech, religion,
    and the right to a fair trial
  • Locke spoke of the right to life, liberty, and
  • Government should protect these rights

Colonial American Experiences
  • Experiences before and during the American
  • English rights to life, liberty, and property
    brought to the American Colonies
  • Most Americans had more equality than the British
  • Plentiful land and economic opportunities

The Pilgrims landing
Colonial American Experiences Rights
Experiences before and during the American
  • Massachusetts Body of Liberties (1641) reflected
    broadening of rights granted to citizens
  • Rights not extended to majority of colonial
    population (women, slaves)

Seal of Massachusetts Bay Colony
Why a Bill of Rights?
  • Initially, the Constitution had no bill of rights
  • Federalists agreed to include a bill of rights in
    order to gain ratification
  • Drafted and approved by the first Congress in
  • Approved by the states in 1791 through the
    amendment process

James Madison
Discussion Questions
  1. What was the Roman concept of civic virtue and
    the common welfare?
  2. What were some of the rights granted by English
    law that are found in the U.S. Bill of Rights?
  3. How did Enlightenment-era humanists view the
    rights of man and the purpose of government?
  4. How were the rights of Englishmen different for
    Americans in the 13 colonies?
  5. Were these rights given to all Americans? Why or
    why not?
  6. Why was the Bill of Rights not included in the
    original Constitution, and only added later?

The First Amendment
  • 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 peaceably to assemble, and to petition the
    government for a redress of grievances.

First AmendmentFreedom of Religion
  • Congress shall make no law respecting an
    establishment of religion, or prohibiting the
    free exercise thereof

Two provisions
  • Establishment clause government cannot establish
    an official religion
  • Free-exercise clause government cannot prevent
    anyone from practicing a religion

First Amendment Origins of Religious Freedom
  • In many 17th-century European countries,
    Catholicism was the official religion
  • The Reformation challenged the relationship
    between church and state
  • Pilgrims from England fled to America to avoid
  • Established religious settlements with little
    tolerance for religious differences

First Amendment Religious Freedom in Colonial
  • Colonial America more tolerant of religious
    differences than Europe
  • The Great Awakening expanded religious
    tolerance and practices
  • Framers views on separation of church and state
  • Protected religion from government influence
  • Protected individuals right to worship as they

First Amendment Establishment and Free-Exercise
  • Two ways the courts view the establishment and
    free-exercise clauses
  • Broad view No public aid for any religion by
    either federal or state governments
  • Narrow view Government prohibited only from
    giving preference to one religion over another

First Amendment Establishment and Free-Exercise
  • Supreme Court interpretation of the establishment
  • Everson v. Board of Education (1947) denied the
    government from aiding or favoring any religion
  • Supreme Court interpretation of the free-exercise
  • Westside Community Schools v. Mergens (1990)
    required public schools to allow student
    religious groups to meet at school

Discussion Questions
  1. List and describe the two clauses in the First
    Amendments freedom of religion.
  2. Why do you think the Puritans became intolerant
    of other religious beliefs, even though they had
    been banished from England for their own beliefs?
  3. What factors led to an increase in religious
    tolerance in colonial America?
  4. What do you think was the Framers intent in
    writing the establishment and free-exercise
    clauses in the First Amendment?

First Amendment Freedom of Speech
  • or abridging the freedom of speech,

Freedom of speech is an essential part of
  • Promotes intellectual growth and human dignity
  • Allows for the communication of new and better
  • Essential to the operation of representative
  • Vital for bringing about peaceful change
  • Also safeguards individual rights

First Amendment Origins of Free Speech
  • First protected in the American colonies in the
    Massachusetts Body of Liberties (1641)
  • Not found in Magna Carta
  • Not found in the original U.S. Constitution
  • Incorporation a condition for ratification

First Amendment Government Limitations on Free
  • Sedition Act (1798)
  • Dissenters during Civil War (later deemed
  • World War I Espionage Act of 1917

First Amendment Government Limitations on Free
Speech (continued)
  • Schenk v. U.S.
  • Clear and present danger requirement
  • After WWI, many states passed laws that
    criminalized dissent

First Amendment Free-Speech Court Decisions
  • Expanded from political speech to include
    symbolic speech
  • Tinker v. Des Moines School District (1967) free
    speech in schools

First Amendment Free-Speech Court Decisions
  • Texas v. Johnson (1989) burning the U.S. flag
  • United States v. Eichman (1990) reaffirmed right
    to burn flag as free speech

First Amendment Origins of Press Freedom
  • or of the press,
  • Invention of the printing press
  • The John Peter Zenger trial
  • Pamphlets and papers during the Revolution
  • Not mentioned in the original Constitution

Minute sheet from the trial of John Peter Zenger
First Amendment Extent of Press Freedom
  • or of the press,
  • Original intent of Framers was to protect
    political speech
  • Results of Supreme Court decisions
  • Placed limitations on freedom of the press
  • Protections against clear and present danger and
  • Prior restraint
  • Near v. Minnesota

First Amendment Supreme Court Tests of Press
  • Libel or informing the public?
  • New York Times Co. v. Sullivan (1964)
  • Threat to national security or the publics right
    to know?
  • New York Times Co. v. United States (1971)the
    Pentagon Papers case

Discussion Questions
  1. Do you feel people should be allowed to make
    statements that call for an elimination of the
    Bill of Rights? Why or why not?
  2. Explain how freedom of speech and of the press
    helped bring about the American Revolution.
  3. During times of crisis such as war or natural
    disasters, should people be allowed to criticize
    the government and demand a change in leadership?
    When has such expression been restricted in U.S.
  4. What types of expression would constitute a
    clear and present danger to the nation and thus
    not receive free speech protections?
  5. Should other types of expression such as burning
    the flag be protected as free speech? Why or why
    not? Should the government pass laws that
    criminalize making disparaging or insulting
    remarks about a particular race, gender, or

First Amendment Freedoms of Assembly and Petition
  • or the right of the people peaceably to
    assemble, and to petition the Government for a
    redress of grievances.
  • Freedoms of assembly and petition linked to
    freedom of speech and press
  • These freedoms serve many diverse causes and

First Amendment Origins of Assembly and Petition
  • Magna Carta itself (1215)
  • English Petition of Right (1628)
  • American colonists notrepresented in Parliament
  • Initially not part of the Constitution later
    included in the Bill of Rights

The Engligh Petition of Right
First Amendment Historical Restrictions on
Assembly and Petition
  • Gag rule banning congressional discussion of
    anti-slavery petitions (1836)
  • Denying assembly and petition to homeless
  • Breaking up peaceful demonstrations during civil
    rights movement (1950s and 1960s)

1830s political cartoon about the congressional
gag rule
First Amendment Assembly and PetitionSupreme
Court Decisions
  • DeJonge v. Oregon (1937) Incorporating freedom
    of assembly to the states
  • Cox v. New Hampshire (1941) Time, place, and
    manner of assembly may be restricted but not
  • Lloyd Corporation v. Tanner (1972) Private
    property exempt from freedom of assembly
  • Feiner v. New York (1951) Limitations on the
    right to assembly

First Amendment Assembly and Petition vs.
Government Responsibility
  • Government has a responsibility to keep the peace
  • The right to assemble extends to meetings in
    public areas
  • Government has a right to impose restrictions
    based on time, place, and manner of assembly
  • Restrictions must not make it impossible to
    express ideas

Soldiers stand guard at a demonstration against
the Vietnam War
Discussion Questions
  1. Explain how the freedoms of assembly and petition
    are closely tied to the rights of free speech and
    a free press.
  2. Explain how the rights of assembly and petition
    facilitate the exercise of democracy and benefit
    both the government and the people.
  3. Review the three examples of government
    limitation or denial of the rights to assemble or
    petition (slide 30). Why do you think the
    government imposed these restrictions during
    these times?
  4. What obligations does the government have in
    imposing any restrictions on the rights of
    assembly and petition? Why does it have these
  5. Why do you think the Framers thought it important
    to include the rights of assembly and petition in
    the Bill of Rights to serve the needs of all
    classes of people?

The Second Amendment
  • A well regulated militia, being necessary to the
    security of a free state, the right of the people
    to keep and bear arms, shall not be infringed.

Second Amendment Two Problematic Clauses
  • A well regulated militia, being necessary to the
    security of a free state,

the right of the people to keep and bear arms,
shall not be infringed.
Second Amendment Origins
  • British army occupied the colonies to enforce
  • Americans resented a standing army of foreign
  • Colonial militia became known as minutemen

Minutemen at the battle of Lexington
Second AmendmentVarying Interpretations
  • A well regulated militia, being necessary to the
    security of a free state,
  • the right of the people to keep and bear arms,
    shall not be infringed.
  • Who has the right to bear arms?
  • Does the Second Amendment provide each individual
    with the right to own a gun, or merely allow each
    state to maintain a well-regulated militia?

Second AmendmentCourt Decisions
  • U.S. v. Miller (1939) The federal government has
    the right to require that firearms be registered
  • Quilici v. Morton Grove (1982) U.S. Court of
    Appeals ruled right to bear arms does not apply
    to individuals

A sawed-off shotgun, similar to the type under
question in U.S. v. Miller
Discussion Questions
  1. Why did colonial Americans resent a standing
    army of British soldiers?
  2. Explain how a gun-ownership advocate might
    interpret the Second Amendment.
  3. Explain how a gun-control advocate might
    interpret the Second Amendment.
  4. In U.S. v. Miller, what did the Supreme Court say
    about the Federal Firearms Act of 1934?
  5. What did the U.S. Court of Appeals say about
    Morton Groves law banning firearms? How do you
    think this case would be decided if the Supreme
    Court chose to rule on it? Explain your answer.

The Third Amendment
  • 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.

Third Amendment Origins
  • Protection against quartering dates back to 12th
  • Grievance in Parliaments Petition of Right
  • Established firmly in English law by English Bill
    of Rights (1689)

King James II
King Charles I
Third AmendmentColonial Experiences
  • Thousands of British troops came to North America
    during the French and Indian War
  • Troops stayed to enforce laws of taxation
  • Citizens confronted British soldiers in the
    Boston Massacre

The Boston Massacre, by Paul Revere (1770)
Third AmendmentEarly American Developments
  • Quartering of soldiers was one of the grievances
    stated in the Declaration of Independence
  • Prohibition on quartering of troops not mentioned
    during Constitutional Convention
  • Included in the Bill of Rights in 1791

Patrick Henry
Third Amendment Today
  • Troops can be quartered in private homes during
  • No Supreme Court decisions directly concerning
    quartering troops in peoples homes
  • Courts have cited the Third Amendment as a
    further protection of the right to privacy from
    government intrusion

Union troops were quartered in private homes
during the Civil War
The Fourth Amendment
  • 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 or affirmation,
    and particularly describing the place to be
    searched, and the persons or things to be seized.

Fourth Amendment Origins
  • Semaynes Case (1603) acknowledged need for
    balance between privacy and the duties of law
  • Writs of assistance allowed government officers
    wide latitude in searching private homes
  • James Otiss court challenge (1761)

James Otis
Fourth AmendmentLater Colonial Experiences
  • Purpose is to prevent arbitrary actions and
    protect persons from invasions of privacy
  • Violations by the Continental Congress during the
    Revolutionary War
  • Framers incorporated colonial experiences and
    English heritage into the Fourth Amendment
  • Amendments restrictions create tension between
    governments duty and citizens privacy

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

Fourth AmendmentTests and Trials
  • The original wording has fared well over time
  • Supreme Court cases have limited what searches
    may entail
  • Olmstead v. United States (1928) listening
  • Katz v. United States (1967) the reasonable
    expectation of privacy doctrine
  • California v. Greenwood (1988) garbage bags

Fourth Amendment Exclusionary Rule
  • Supreme Court cases have further clarified the
    meaning of unreasonable search or seizure
  • Weeks v. United States (1914) established the
    exclusionary rule
  • Silverthorne Lumber Co. v. United States (1920)
    fruit of the poisonous tree doctrine
  • Mapp v. Ohio (1961) extended exclusionary rule
    to states through the Fourteenth Amendment

Fourth Amendment Exceptions to the Exclusionary
  • United States v. Leon (1984) good faith
  • Nix v. Williams (1984) inevitable discovery
  • The exclusionary rule is not intended to let
    criminals go free, but to penalize police for

Fourth Amendment Other Exceptions to the
Exclusionary Rule
Border searches
Exigent circumstances
Fourth Amendment Other Exceptions to the
Exclusionary Rule (continued)
Plain view
Student searches
Stop and frisk
Discussion Questions
  • What types of things does the Fourth Amendment
    protect from unreasonable searches? How does the
    amendment limit the power of the government?
  • How were the Fourth Amendments protections
    extended to the states?
  • What are some advantages and disadvantages of the
    exclusionary rule?
  • Do you think exceptions to the exclusionary rule
    are justified? Why or why not?

The Fifth Amendment
  • 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 offence 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.

Fifth AmendmentCommon Legal Terms
  • Infamous crime a serious criminal offense
  • Double jeopardy being tried twice for the same
  • Taking the fifth invoking the right against
  • Due process of law
  • Substantive
  • Procedural
  • Just compensation for imposing eminent domain

Fifth AmendmentHistorical Origins
  • Greek and Roman law
  • Both established protections against double
  • Magna Carta
  • Protections of property and due process
  • The Star Chamber
  • Abuse of power in the English courts

Fifth Amendment Colonial Origins
  • Grand jury
  • Self-incrimination
  • Double jeopardy

Anne Hutchinson on trial
Fifth Amendment Colonial Origins (continued)
  • Due process
  • Just compensation

Dispossessed loyalists during the Revolution,
fleeing to Canada
Fifth Amendment Supreme Court Decisions
  • Campbell v. Louisiana (1999) indictment by a
    grand jury
  • Miranda v. Arizona (1966) right against
  • Green v. United States (1957) clarified double

Fifth Amendment Supreme Court Decisions
  • Goss v. Lopez (1975) juveniles right to due
  • Lucas v. South Carolina Coastal Council (1992)
    and Kelo v. City of New London (2005) right to
    just compensation

Students have a right to a hearing before being
suspended, and to have their parents at that
The Sixth Amendment
  • 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 his favor, and to have the Assistance of
    Counsel for his defense.

Sixth Amendment Due Process and Rights
  • Preserves procedural due process
  • The six provisions
  • Right to a speedy and public trial
  • Right to a jury trial in the same locale as the
  • Right to be informed of all charges
  • Right to confront accusers in court
  • Right to produce supporting evidence or witnesses
  • Right to legal counsel

Sixth Amendment Origins and Colonial Experiences
  • Magna Carta
  • Massachusetts Body of Liberties
  • Protections in state constitutions
  • Anti-Federalists concerned about protecting the
    jury system for civil trials

Sixth Amendment Speedy and Public Trial
  • In all criminal prosecutions, the accused shall
    enjoy the right to a speedy and public trial
  • A speedy trial still provides time to prepare a
    case, but doesnt unnecessarily punish the
  • A public trial helps ensure the government will
    abide by the rules
  • Today, all trials must be public, but certain
    restrictions may be imposed to ensure due process

Sixth Amendment Trial by Jury
  • 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,
  • Granted to nobles in Magna Carta
  • So valued that the Constitution and Bill of
    Rights mention it three times
  • Rare today due to plea bargaining
  • Individuals for an impartial jury selected
    through voir dire

Sixth Amendment Knowing the Charges
  • and to be informed of the nature and cause of
    the accusation
  • Defendants must be informed of the crimes they
    are accused of committing
  • Knowing the charges allows the accused to prepare
    their defense

Sixth Amendment Confrontation of Witnesses
  • to be confronted with the witnesses against
  • Facing opposing witnesses helps provide for
    honest testimony
  • Also enables the accused to challenge witnesses
  • In certain sensitive matters, testimony may be
    given through electronic means

Sixth Amendment Calling of Witnesses
  • have compulsory process for obtaining witnesses
    in his favor
  • Accused persons can call witnesses in their
  • Accused persons also hold subpoena power

Sixth Amendment Legal Counsel
  • and to have the assistance of counsel for his
  • Helps the accused receive competent counsel on
    legal matters
  • If the accused cannot afford counsel, one will be
    appointed for them at government expense

Sixth Amendment Supreme Court Decisions
  • Barker v. Wingo (1972) established guidelines
    for a speedy trial
  • Duncan v. Louisiana (1968) right to trial by
  • Miranda v. Arizona (1966) grants the accused the
    right to counsel (Miranda warning)
  • Powell v. Alabama (1932) and Gideon v. Wainwright
    (1963) counsel must be provided and paid for by
    the government

Gideons original handwritten petition
Discussion Questions
  1. List the five protections of the Fifth Amendment.
    Discuss which you think is the most important,
    and why.
  2. Define the two forms of due process substantive
    and procedural. How does the protection of due
    process limit the governments actions? Do you
    think the government should be limited in this
    way? Why or why not?
  3. Taken as a whole, what is the purpose of the
    rights enumerated in the Sixth Amendment?
  4. Which rights in the Fifth and Sixth Amendments
    appear to favor the accused over the duty of the
    government to convict them of a crime? Explain
    your answer.
  5. What problems may arise over this apparent
    favoritism toward defendants? How should these
    problems be addressed?

Seventh Amendment
  • In suits at common law, where the value in
    controversy shall exceed twenty dollars, the
    right of a 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.

Seventh Amendment Historical Precedent
  • Norman law
  • English common law
  • Admiralty courts and the Declaration of
  • Right not in the Constitution, but in the Bill of

The right to a jury trial dates back to the
Norman conquest
Seventh Amendment Jury Trial Alternatives in
the Past
  • The importance of a trial by jury in civil cases
  • Past methods of settling disputes
  • Acts of faith and trials by ordeal
  • Arbitrary decisions of all-powerful rulers
  • Brute force (might makes right)

A trial by ordeal
Seventh Amendment First Clause and
  • First clause guarantees a jury trial in civil
    cases exceeding 20
  • In Re Henderson Distilled Spirits (1872) right
    to waive a jury trial
  • Capitol Traction Co. v. Hoft (1899) right to a
    12-person jury
  • Colgrove v. Battin (1973) right to a six-person
  • Minneapolis and St. Louis R. Co. v. Bombolis
    (1916) Seventh Amendment only applies to federal

Seventh AmendmentSecond Clause
  • Second clause defines the supremacy of the jury
  • William Penn
  • Judges may not influence the jury
  • Baltimore Carolina Line v. Redman (1935)
    delineating the roles of judge and jury

William Penn
Seventh AmendmentJuries Abilities
  • Concerns about juries abilities
  • Technology has become too sophisticated
  • Juries alone cant determine all the facts
  • Markman v. Westview Instruments, Inc. (1996)
  • Judges have better skills of interpretation
  • Ruling could spread to other areas of the law

Seventh Amendment Tort Reform
  • Definition of tort reform
  • Arguments for and against

Civil suits against corporations David versus
Goliath, or a frivolous use of the legal system?
Seventh AmendmentTort Reform (continued)
  • Proposals for reform
  • Possible impact on jury system

Should punitive damages be limited in civil suits?
The Eighth Amendment
  • Excessive bail shall not be required, nor
    excessive fines imposed, nor cruel and unusual
    punishments inflicted.

Eighth AmendmentHistorical Precedent
  • Cruel and unusual punishment banned by the
    English Bill of Rights as a reaction to the Star
  • Colonial justice sometimes involved cruel and
    unusual punishments as a deterrent to crime
  • Provision against was rejected during
    Constitution ratification but accepted in Bill of
    Rights ratification

The pillory, a common punishment in colonial times
Eighth AmendmentRights and Freedoms
  • Benefits of the Eighth Amendment
  • The right to be free on bail prior to trial
  • Freedom from excessive fines
  • Freedom from cruel and unusual punishment

Eighth Amendment Changing Interpretations
  • Standards for cruel and unusual punishment have
  • In colonial times, mandatory capital punishment
  • Throughout 19th century, state courts considered
    other factors
  • Inconsistent application of capital punishment

The infamous ball and chainonce common, now
considered cruel and unusual punishment
Eighth Amendment Changing Interpretations
  • Capital punishment questioned in the 1960s
  • No evidence that capital punishment deters crime
  • Inconsistent and sometimes racist sentencing by
  • Cost of appeals and execution greater than of
    life in prison
  • Recent discoveries of innocence due to DNA

Eighth Amendment Supreme Court Decisions
  • Trop v. Dulles (1958) punishment standards
    evolve with society
  • Furman v. Georgia (1972) capital punishment as
    it then existed violated Eighth Amendment
  • Gregg vs. Georgia (1976) death penalty not
    necessarily unconstitutional, though automatic
    sentencing is

Does the death penalty qualify as cruel and
unusual punishment?
Eighth Amendment More Supreme Court Decisions
  • Coker v. Georgia (1977) death penalty only for
    murder convictions
  • Enmund v. Florida (1982), and Tison v. Arizona
    (1987) felony-murder rule
  • Stanford v. Kentucky (1989) permits executing
    16- and 17-year-old minors

Eighth Amendment More Supreme Court Decisions
  • Atkins v. Virginia (2002) bars executing the
    mentally challenged
  • Roper v. Simmons (2005) court reverses itself on
    executing minors

Discussion Questions
  1. In what ways does a civil trial differ from a
    criminal trial? In what ways are they similar?
  2. What are the benefits of a jury trial in a civil
    case? What are some of the drawbacks?
  3. How does releasing a defendant on bail benefit
    both the defendant and the prosecution?
  4. What does the phrase evolving standards of
    decency mean?
  5. How have the standards defining cruel and unusual
    punishment changed over the years? Why do you
    think this has happened?
  6. Why has capital punishment become so
    controversial since the 1960s?

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

Ninth Amendment Differing Views
  • Two views of the Ninth Amendment

The courts should protect peoples rights
The legislature should protect peoples rights
Ninth Amendment History
  • Debate at Convention of 1787 how to include all
    of the peoples rights in Constitution
  • Actual listing of rights rejected as impractical
  • Ratification conventions demanded peoples rights
    be protected in a bill of rights

Ninth Amendment Debate and Controversies
  • Enumerated rights religion, speech, due process
  • Unenumerated rights privacy, travel, voting
  • Protections for unenumerated rights implied by
    other parts of the Bill of Rights
  • Opponents state the Ninth Amendment doesnt
    create rights where they dont exist

Ninth Amendment Supreme Court Decisions
  • Kent v. Dulles (1958) right to travel
  • Griswold v. Connecticut (1965) right to privacy
    for consenting adults
  • Harper v. Virginia Board of Elections (1966)
    voting rights

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

Tenth Amendment Early American History
  • Articles of Confederation limited the power of
    federal government
  • Constitution expanded the power of federal
  • Delegates to the ratification conventions worried
    about the loss of state power

Federal government was limited and largely
ineffective under the Articles of Confederation
Tenth Amendment Early Federalism Debates
Early debates over federalism
  • Jefferson and Madisons nullification resolutions
  • Chief Justice Marshall and Chief Justice Taney
  • Andrew Jackson versus John C. Calhoun the
    Nullification Crisis of 1832

Chief Justice John Marshall
President Andrew Jackson
Tenth AmendmentSupreme Court Cases
  • Hammer v. Dagenhart (1918) child-labor law
    struck down
  • United States v. Butler (1936) federal
    regulation of agricultural production
  • United States v. Darby (1941) federal regulation
    of employment

Child laborer, 1918
Tenth Amendment Supreme Court Cases (continued)
  • Brown v. Board of Education (1954) desegregated
    public schools
  • United States v. Lopez (1995) power of state
    over federal government to regulate gun possession

Thurgood Marshall (center), chief lawyer for the
NAACP in the Brown case
Discussion Questions
  1. What is the purpose of the Ninth Amendment? Why
    do you think the Bill of Rights includes this
  2. Describe the two views of the Ninth Amendment
    regarding which branch of government is best
    suited to protect peoples rights.
  3. Explain and give examples of enumerated and
    unenumerated rights. Describe the controversy
    over the courts recognition of unenumerated
  4. Explain how the Tenth Amendment differs from the
    previous nine amendments in its protection of

Discussion Questions (continued)
  • 5. What is the relationship between the Tenth
    Amendment and federalism? How can federalism
    cause tension between the federal and state
  • 6. What were the doctrine of nullification and
    the Nullification Crisis of 1832? Do you think
    states should have the power to nullify an act of
    the federal government?
  • 7. Identify whether the Supreme Court during the
    following time periods supported states rights
    or federal supremacy the Marshall Court, the
    Taney Court, 1918 to 1936, 1941 to 1995, and the
    Rehnquist Court.

The Promise in the Bill of Rights
  • Written rights dont guarantee rights
  • The Bill of Rights continued the dialogue on
    liberty and freedom discussed at the Federal
  • 14th amendment Federal and state governments
    are held accountable to not violate peoples
  • Democracy is best practiced by people defending
    their rights
  • The Supreme Court serves as the forum for
    continued dialogue over
    peoples rights and freedoms