Transcript BILL OF RIGHTS 1

American Exceptionalism:
Why would people try so hard to get what
you already take for granted?
Cuban migrants try to reach the US coast in Florida in a
1951 Chevrolet truck, converted into a marine vessel with
air-filled drums for flotation and a propeller driven off the
driveshaft. Photo: Reuters
OPEN Borders
We Need To Be More Like John
Wayne!
BILL OF RIGHTS
1-10 amendments
Written by: James “Jimmy” Madison
Based upon George Mason’s Virginia’s Declaration of Rights
1791
2years, 2 months, 20 days
What were the Federalists Papers?
-85 essays written by Madison, Hamilton, and
Jay, under the pen name of Publius, to convince
the people of New York to vote in favor of the
Constitution.
******Just in Case you have forgotten*******
Remember the Founder’s View of
the Constitution
• Federalist #45
a. Publius states that MOST powers remain at
state level. (In their INDIVIDUAL constitutions)
b. People can easily go to their state
representative.
c. State government are the most important
during peace.
d. Federal government most important in war.
The Federalist Papers
Publius a.k.a. Hamilton
“Here, in strictness, the people surrender nothing, and as they retain every
thing, they have no need of particular reservations.”
“We the people of the United States…to secure the blessings of
liberty to ourselves and our posterity, do ordain and establish this constitution
for the United States of America."
“Here is a better recognition of popular rights than volumes of those
aphorisms which make the principal figure in several of our state bills of
rights, and which would sound much better in a treatise of ethics than in a
constitution of government.”
Federalists would say, “See you have nothing to fear.”
Anti-Federalists would say, “No way baby, I want to see it in writing!”
Mo’ Hamilton
• “I go further, and affirm that bills of rights, in the sense and in
the extent in which they are contended for, are not only
unnecessary in the proposed constitution, but would even be
dangerous.
They would contain various exceptions to powers which
are not granted; and on this very account, would afford a
colourable pretext to claim more than were granted. For why
declare that things shall not be done which there is no power
to do?
Why for instance, should it be said, that the liberty of the
press shall not be restrained, when no power is given by
which restrictions may be imposed?”
Hamilton said,
• A bill of rights is not needed. It just gives a list
of things the government can’t take but spells
out everything else they can.
• Besides, the rights of the people are “built in”
to the Constitution.
Whooo Whoooo T.J. !
• “A Bill of Rights is what the people are entitled
to against every government, and what no just
government should refuse, or rest on
inference.”
Thomas Jefferson
THE VIRGINIA DECLARATION OF RIGHTS 1
• [On May 15, 1776, the Virginia Convention "resolved
unanimously that the delegates appointed to represent this
colony in General Congress be instructed to propose to that
respectable body to declare the United Colonies free and
independent states . . . [and] that a committee be appointed
to prepare a DECLARATION OF RIGHTS and . . . plan of
government.“
• R. H. Lee's resolution of June 7, 1776, implemented the first of
these resolutions and precipitated the appointment of the
committee to draw up the Declaration of Independence; the
second proposal was carried out by the framing of Virginia's
first state constitution, of which this declaration was an
integral part.
BILL OF RIGHTS
• Oh yeah baby, we got them! Now, Let’s try
and keep them!
• 1791 (2years, 2 months, 20 days)
• In Your Face Hamilton!
https://www.youtube.com/watch?v=f2CRoVuBz3Q
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.
• Theme… “A limited government.”
Freedom of Speech?
Amendment II
• 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.
Theme… “A limited government.”
Does this make sense?
It gets better
But Remember this?
• WE need to be
protected!
Something must be
done!
Gun Control or Constitutional
Right? (1977clip)
https://www.youtube.com/watch?v=-lDb0Dn8OXE
Armed Pilots a bad idea?
Until 1963, commercial pilots were REQUIRED
to carry a pistol on flights to protect the mail…
not the passengers!
Until 1987, pilots COULD carry their own
firearm on any flight they were piloting…that
was until the U.S. government began to
regulate it.
But Durka Durka!
• 2001…uumm?
In 2003, the U.S. government began to allow
pilots to once again carry…hey, thanks.
Amendment III
• Amendment III
• 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.
• Theme… “A limited government.”
Property!
• Founders remembered that the king
(government) owned all property…
• This means it was on “LOAN” to you until the
government wanted it back.
• This amendment has everything to do with
“PRIVATE OWNERSHIP” of PROPERTY!
Amendment IV
• 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.
• Theme… “A limited government.”
Illegal Search?
Hey, it’s the po’leese
What about the cops?
Humphrey Bogart
More 4th Amendment
https://www.youtube.com/watch?v=b9Nu2CI-16w
Could it happen? Is it Happening
now?
https://www.youtube.com/watch?v=44S3f3s4e24
Probable cause to search?
Amendment V
• 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.
More T.J.! The roof…the roof… the
roof is on FIRE!
• “Enlighten the people generally, and tyranny
and oppressions of body and mind will vanish
like evil spirits at the dawn of day.”
Thomas Jefferson
Amendment VI
• 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.
• Amendment VII
• 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.
7th Amendment
• More about Property!
• Who’s is it and how can it be RIGHTFULLY
dealt with.
https://www.youtube.com/watch?v=pHiJ8--GmZ4
Amendment VIII
• Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.
This is cruel and unusual
punishment.
https://www.youtub
e.com/watch?v=NP
VzWAcCyl8
Amendment IX
• The enumeration in the Constitution, of
certain rights, shall not be construed to deny
or disparage others retained by the people.
https://www.youtube.com/watc
h?v=KFwUcEwD4l4
Amendment X
• 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.
The Bill of Rights!
• Maybe it’s the end of our rights?
• Maybe you’ll be the one in the future to
defend them?
• Either way we have to fight for them and keep
them every step of the way!
• It’s something to truly dance about!
The End
Or are there more?