8.1 Introduction to the Bill of Rights

Introduction to the Bill of

Rights
Unit 8-1

Lesson Overview

• Students Will Be Able To:
oIdentify historical influences on the Bill of Rights.
oInfer how the content of the Bill of Rights
addressed the Federalists' concerns
about adding a bill of rights to the Constitution.
oDiscuss why some Bill of Rights protections have
not been incorporated at the state level.
• Vocabulary:
oIncorporation

Open Ended

From the following items, which would you list as your TOP 3 MOST IMPORTANT? Rights to bear arms, freedom of religion, freedom of speech, right to trial by jury, freedom from being required to house troops, right to trial by jury

Historical Influences on the Bill of Rights

• A list of fundamental rights of the people that a
government is prohibited from restricting
• The Founding Fathers used ideas from the political and philosophical world to form their new
government
• Examples-

oMagna Carta- King John of England signed this in 1215, it
put limits on the monarch's power

oEnglish Bill of Rights- passed in 1689 by the English
Parliament, gave freedoms to English citizens like the BOR
does for America

oJohn Locke- English Philosopher of the Enlightenment,
who wrote about Natural Rights and influenced the
phrase, "Life, Liberty and the Pursuit of Happiness."

Debate Over the Bill of Rights

• Remember that the Bill of Rights was not part of the original draft of the Constitution.
• So, the Federalists and the Anti-Federalists argued/debated on this issue and whether to include the BOR
o Federalists- Wanted a strong central government and
did not think a BOR was needed
o Anti-Federalist- Wanted a weaker central government
and wanted a BOR included for protection

​• Alexander Hamilton, James Madison and John Jay "Federalist Dream Team"

Ratifying the Bill of Rights Video

Multiple Choice

Which line from the Bill of Rights addresses the Federalists' concerns with adding a bill of rights?

• 9th Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

• 8th Amendment: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

• 6th Amendment: "In all criminal prosecutions, the accused shall be informed of the nature and cause of the accusation."

The Bill of Rights and Ratification (Hint- nothing to do with rats...

• Nine of the thirteen newly formed states needed to ratify the new Constitution.
• This is the same # of states that needed to vote to amend the Constitution (The Bill of Rights would amend the original
document)
• Federalists and Anti-Federalists had to
compromise to ratify this

• Point to Ponder- Why do you think
that the same people that worked
together to beat Great Britain (England), now opposed one another?

Multiple Choice

Which argument SUPPORTS the inclusion of a bill of rights?

• A bill of rights will ensure that government represents the people.

• A bill of rights will suggest that the people only have the rights it names.

• A bill of rights will clarify the limits of the government's power in people's lives.

The First 10
Amendments

• These were drafted by James Madison called the, "Father of the Constitution."

• They are a combination of suggestions and historical influences throughout history that Madison put together in a list

• Congress sent these amendments to
the states for ratification (originally there were 12 and not the 10 we know today)

• These 10 Amendments became what
we know of as the "Bill of Rights."

• Hint- think of these like a shield for
the people to use against the power
of the government

The Bill of Rights and the States

• Originally the BOR only pertained to the federal
government and state governments had their
own BOR
• The 14th Amendment allowed the Supreme
Court to include the protection of these rights
from state governments as well
• States cannot make a law that violates the
"Privileges and Immunities," which are
protected by the Constitution

• Point to Ponder- Why would it not make sense
to have or "Incorporate" the protections from
the federal governemnt to the state
governemnt as well?

Multiple Choice

Which statement describes incorporation's effects today?

• Many, but not all of the protections in the federal Bill of Rights apply at the state level.

• The Bill of Rights only applies to federal, not state governments.

• Each state decides whether the federal Bill of Rights applies to them.

Essential Question- Why does the Constitution have the Bill of Rights?

• Influences such as the Magna Carta, the English Bill of Rights, and the Enlightenment shaped the U.S. Bill of Rights.
• Some people worried that without a bill of rights, the federal government would be too powerful.
• The Supreme Court has applied most of the Bill of Rights protections to the states, a process called incorporation.

• What's Coming Up- Learning about the 1st Amendment