The Bill of Rights (1791)

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The Bill of Rights(1791)

• The first 10 Amendments
• to the U. S. Constitution

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the only purpose for which power can be
rightfully exercised over any member of a
civilized community, against his will, is to
prevent harm to others. John Stuart
Mill On Liberty (1859)
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Why was a Bill of Rights NOT added in
Philadelphia?

• Framers created a limited government
• Many states had own Bill of Rights
• Fear of forgotten rights
• Some rights were included in the Constitution

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Antifederalists Demand a Bill of Rights
George Mason, Edmund Randolph, and Elbridge Gerry
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Amendment I 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.
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Congress shall make no law.
Before the Civil War, the Bill of Rights did NOT
apply to the states.
Barron v. Baltimore (1833)
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14th AmendmentDue Process Clauseand the Equal
Protection Clause
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14th Amendment-Section 1. All persons born or
naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the
United States and of the State wherein they
reside. No State shall make or enforce any law
which shall abridge the privileges or immunities
of citizens of the United States nor shall any
State deprive any person of life, liberty, or
property, without due process of law nor deny to
any person within its jurisdiction the equal
protection of the laws.
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Due Process Clause (due process of law) is the
principle that the government must respect all of
a person's legal rights, instead of just some or
most of those legal rights, when the government
deprives a person of life, liberty, or property.
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Due Process
4th- Search and Seizure and Search and Arrest
Warrant 5th- Against Self-Incrimination and
Double Jeopardy 6th- Right to an Attorney, Speedy
Trial, Hear Witnesses against you, Change of
Venue 8th- Against Excessive Bail and Fine and
Cruel and Unusual Punishment
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14th Amendment Due Process Clause
Mapp v. Ohio (1961) Gideon v. Wainwright
(1963) Miranda v. Arizona (1966)
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Gideon v. Wainwright (1963)
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The Equal Protection Clause provides that "no
state shall deny to any person within its
jurisdiction the equal protection of the laws."
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14th Amendment Equal Protection Clause
Brown v. B.O.E. (1954) Baker v. Carr
(1962) Regents of the University of California v.
Bakke (1978)
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Brown v. B.O.E. (1954)
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Civil Liberties

• Freedoms guaranteed to the individual
• Restraints on the government
• Declares what government cannot do
• and what the government must prevent others from
  taking from you

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Civil Rights

• What the government must do or provide
• Basic right to be free from unequal treatment
• Free from prejudice based on characteristics such
  as race, gender, disability, etc