LESSON 7
Determine the rights and liberties outlined in the Bill of Rights. Investigate how laws are interpreted by courts through adversarial process
You've learned a little about the purpose and function of the Constitution, but what about the Bill of Rights? Well if you remember back to when we talked about the some of the founding fathers trying to convince the different states to ratify (sign) the Constitution? Remember Alexander Hamilton, John Jay, and James Madison all wrote The Federalist Papers ? And these papers told New Yorkers about how awesome the Constitution was?
Well the Anti-Federalist (those who opposed the Constitution) didn't support the new Constitution for these reasons:
-It didn't mention God
-It didn't give States the right to print their own money
-It gave a lot more power than the old Articles of Confederation did to the central (federal) government
-It didn't have a Bill of Rights
Well the Anti-Federalist (those who opposed the Constitution) didn't support the new Constitution for these reasons:
-It didn't mention God
-It didn't give States the right to print their own money
-It gave a lot more power than the old Articles of Confederation did to the central (federal) government
-It didn't have a Bill of Rights
Remember all those philosophers you learned about in Lesson 1? Many of them talked about how 'man has certain natural rights'. These Anti-Federalists were drawing on the ideas of John Locke and Thomas Hobbes and other philosophers who had said a hundred years earlier that man was 'endowed with certain rights'.
Some people argued that the Constitution didn't need a Bill of Rights, because it was obvious that men (and sometimes women) had those rights.
A Bill of Rights was added in the form of amendments to the end of the Constitution in December of 1791. The Amendments come at the very end of the Constitution. Amendments are things that are ADDED or CHANGED in the Constitution. When you want to change something in the Constitution, you go through the process of adding another amendment at the end. So when our founding fathers decided that people's basic human rights needed to be added to the Constitution, they put it at the end in the form of amendments. The first 10 amendments of the Constitution are known as the Bill of Rights. Take a look at what rights of yours they protect:
A Bill of Rights was added in the form of amendments to the end of the Constitution in December of 1791. The Amendments come at the very end of the Constitution. Amendments are things that are ADDED or CHANGED in the Constitution. When you want to change something in the Constitution, you go through the process of adding another amendment at the end. So when our founding fathers decided that people's basic human rights needed to be added to the Constitution, they put it at the end in the form of amendments. The first 10 amendments of the Constitution are known as the Bill of Rights. Take a look at what rights of yours they protect:
Some of the rights guaranteed in the Bill of Rights have to do with protecting those who break the law. Even if you break the law, you're still a person and are still entitled to your natural rights.
If you break the law and then are taken to court you have the right to an attorney. This right isn't guaranteed in the Bill of Rights, but it came as the result of a court case: Miranda v. Arizona which you'll learn about in Lesson 10.
So if an individual is accused of breaking the law, and the police take the matter up with the court, then a person is put on trial for the crime they allegedly committed. That is where the person's right to an attorney comes in. If someone is being accused they are sent to a CRIMINAL COURT. Read about the process at this website: https://www.lawyers.com/legal-info/criminal/criminal-law-basics/steps-in-a-criminal-case/
(you'll use this website to answer some of the assignment questions)
The other type of court you'll need to know is a CIVIL COURT. The civil court is for cases where one person is against another. Like one person suing another, or divorce court is a type of civil court. In a CIVIL court it is a PLAINTIFF against a DEFENDANT. A plaintiff is the one who brings the charges to court, and the defendant, defends his/herself against the charges the plaintiff has made.
If you break the law and then are taken to court you have the right to an attorney. This right isn't guaranteed in the Bill of Rights, but it came as the result of a court case: Miranda v. Arizona which you'll learn about in Lesson 10.
So if an individual is accused of breaking the law, and the police take the matter up with the court, then a person is put on trial for the crime they allegedly committed. That is where the person's right to an attorney comes in. If someone is being accused they are sent to a CRIMINAL COURT. Read about the process at this website: https://www.lawyers.com/legal-info/criminal/criminal-law-basics/steps-in-a-criminal-case/
(you'll use this website to answer some of the assignment questions)
The other type of court you'll need to know is a CIVIL COURT. The civil court is for cases where one person is against another. Like one person suing another, or divorce court is a type of civil court. In a CIVIL court it is a PLAINTIFF against a DEFENDANT. A plaintiff is the one who brings the charges to court, and the defendant, defends his/herself against the charges the plaintiff has made.
ASSIGNMENT 7
answer these questions in a word processing document and submit it below:
1. Is it necessary for our Constitution to have a Bill of Rights? Why?
2. Name which rights each amendment guarantees... (example: the First Amendment guarantees your freedom of religion, speech, press, assembly, petition)
3. What happens if the Miranda rights are not read?
4. What happens at a preliminary hearing for a Criminal Case?
5. What is the difference between a bench (just the judge) trial and a jury trial? Which one do you think is better?
6. In a case where Mr. Green sues his optometrist, Dr. I, for ruining his eyesight: who is the plaintiff and who is the defendant?
answer these questions in a word processing document and submit it below:
1. Is it necessary for our Constitution to have a Bill of Rights? Why?
2. Name which rights each amendment guarantees... (example: the First Amendment guarantees your freedom of religion, speech, press, assembly, petition)
3. What happens if the Miranda rights are not read?
4. What happens at a preliminary hearing for a Criminal Case?
5. What is the difference between a bench (just the judge) trial and a jury trial? Which one do you think is better?
6. In a case where Mr. Green sues his optometrist, Dr. I, for ruining his eyesight: who is the plaintiff and who is the defendant?