Educating Young People about the Constitution

Being An American Lesson 3: The Bill of Rights

www.BillofRightsInstitute.org

The Bill of Rights

Critical Engagement Question
How does the Bill of Rights protect Freedom?

Which image(s) do you most closely associate with Freedom?

The Bill of Rights

Objectives
Identify fundamental liberties protected by the Bill of Rights.

Analyze the connections and interdependence among the protections in the Bill of Rights.
Evaluate situations in which rights may be violated. Appreciate the Bill of Rights and its protection of liberty.
George Washingtons letter to Congress informing them of the New Hampshire legislatures vote on the Constitution and Amendments.
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The Bill of Rights

Background/Homework
Translate each amendment into your own words. Discuss each protection and how it protects your rights. Complete Handout A: The Value of Rights.

The faade of the Newseum in Washington D.C. showing the first five freedoms protected by the Bill of Rights.
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The Bill of Rights

Warm-Up
Once you have shared your responses to Handout A, discuss: What are the common ideas among the rights you generally ranked as most important? Would your answers change based on: your age? Time period? Your parents occupations? Other factors? Why is it wrong for governments to infringe on these individual rights?

Senate revisions to the proposed House Bill of Rights Amendments

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The Bill of Rights

Activity

Pick one of the scenarios from Handout B: Bill of Rights Scenario Cards. Review the scenario and your copy of the Bill of Rights and answer the following questions: What right, if any is being violated? Which amendment, if any, offers protection against such violation? Switch scenario cards and repeat the process. Share your responses

Bill of Rights
Activity continued
A.
B.

Due Process
Freedom of Religion Free Assembly Free Press Right to an Attorney Limits on Search and Seizure No Quartering Troops

Choose the 1 right you think is the most important. Share your responses and defend your choice.

C. D. E. F. G.

H.
I. J.

Right to Bear Arms

Property Rights Freedom of Speech

Bill of Rights Scenarios

1. Gennie, an eighteen-year-old college student, is arrested for stealing a classmates designer sweater and selling it on eBay. When she appears before the judge, she asks for a lawyer. The judge tells her if she is smart enough to be in college, she knows enough to defend herself. Besides, she is not charged with a felony, so the stakes are not very high.

A. B. C. D. E.

No Violation Second Amendment Fourth Amendment Fifth Amendment Sixth Amendment

Original Writ of Certiorari filled out by Clarence Gideon

6th Amendment right to counsel; Gideon v. Wainwright, (1963)

2. Susette bought a house and spent years restoring it. She loves her home. One day, she gets a notice that the local government will take her property in order to turn her land over to a private company. The local government says it can do this because of the public benefit of new jobs and tax revenue.

A. B. C. D. E.

No Violation Fifth Amendment Sixth Amendment Seventh Amendment Eighth Amendment

Depends on the state. Kelo v. New London (2005) allowed for a similar taking under 5th Amendments public use/ eminent domain clause.

3. Carolyn is arrested for shoplifting a candy bar from a neighborhood convenience store. At trial, she is found guilty. The judge decides the appropriate punishment is to cut off Carolyns hands so that she will not be able to shoplift again.

A. B. C. D. E.

No Violation Third Amendment Fifth Amendment Seventh Amendment Eighth Amendment

8th Amendment protection against cruel and unusual punishment

4. Congress wants to find ways to cut costs because of the soaring budget deficit. Congress passes a law to require American citizens to house U.S. soldiers in their homes during peacetime.

A. B. C. D. E.

No Violation Third Amendment Fourth Amendment Fifth Amendment Sixth Amendment

3rd Amendment protection against forced quartering of troops in peacetime

5. Bretts science teacher asks the class to exchange papers to correct last nights homework. Brett refuses to do so and is sent to the principal.

A. B. C. D. E.

No Violation Fourth Amendment Fifth Amendment Sixth Amendment Ninth Amendment

No violation: Owasso Independent School District v. Falvo (2001)

6. Concerned about rising crime, lawmakers for the District of Columbia ban all handguns in the city, and require that shot-guns be kept unloaded and/or disassembled.

A. B. C. D. E.

No Violation Second Amendment Fifth Amendment Sixth Amendment Ninth Amendment

2nd Amendment right of the people to keep and bear arms; District of Columbia v. Heller (2008)

7. John, a fourteen-year old public school student, wears a shirt to school that says, Be happy, not gay. to express his belief that homosexuality is wrong. His dean tells him he must change his shirt or be suspended from school. John refuses, and is suspended for a week.

A. B. C. D. E.

No Violation First Amendment Fourth Amendment Fifth Amendment Sixth Amendment

1st free speech, or No Violation. Tinker v. Des Moines (1969): students may wear politically expressive clothing at school, as long as it does not disrupt school discipline.

8. Thirteen-year-old Marianne is a freshman in high school. She is an honor student and wants to sing in the choir. The teacher tells her she must take a drug test to participate. She refuses and is kicked out of choir.

A. B. C. D. E.

No Violation First Amendment Fourth Amendment Sixth Amendment Eighth Amendment

No violation. Board of Education of Pottawatomie County v. Earls (2002) drug test requirements are ok for all extracurricular activities.

9. A man suspected of a violent crime is brought in to the police station. The alleged victim picks him out of a lineup as the man who attacked her. Police inform him that he has the right to refuse to answer questions, but they do not offer to let him speak to a lawyer. After being questioned for two hours, the man admits the crime.

A. B. C. D. E.

No Violation First Amendment Fourth Amendment Sixth Amendment Eighth Amendment

5th Amendment freedom from self incrimination and 6th Amendment right to counsel; Miranda v. Arizona (1966)

10. Elizabeth is 12 years old. Her parents are very religious, but she is not. Once a week, her parents make her come with them to their place of worship. Elizabeth always says she does not want to go, but her parents make her come with them anyway.

A. B. C. D. E.

No Violation First Amendment Fourth Amendment Sixth Amendment Eighth Amendment

No violationThe Bill of Rights does not limit the action of individuals.

11. Members of Congress are unhappy with students standardized test scores. They pass a federal law that abolishes local school boards and requires a standardized national curriculum.

A. B. C. D. E.

No Violation First Amendment 10th Amendment power Fourth Amendment reserved to the states Ninth Amendment Tenth Amendment

12. A public school principal smells smoke in the hallway, and believes it is coming from the girls restroom. She walks in and finds Susan standing by the sink. She suspects Susan has been smoking, and demands to search her purse for cigarettes or other evidence of smoking.

A. B. C. D. E.

No Violation Second Amendment Third Amendment Fourth Amendment Fifth Amendment

No violation. Reasonable suspicionNew Jersey v. TLO (1985)

The Bill of Rights

Wrap-Up
Discuss the following questions: 1) Are the protections for individual rights that were added to the Constitution in 1791 out of date, or are they still important today? 2) What current issues (if any) highlight the importance of Bill of Rights protections?

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The Bill of Rights

Homework

Review Handout C: The Bill of Rights Today. Research current events that illustrate the rights and protections guaranteed in the Bill of Rights. Read Handout D: Life Without Rights for the Accused. Underline violations of rights you find in the story. Share your responses.

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The Bill of Rights

Extensions Research one topic from the Bill of Rights (criminal procedure, religious freedom, free expression, etc.) Write a script to present both sides of the issue and then state your own opinion about it.
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