The Bill of Rights
How does the U.S. Constitution and Bill of Rights protect the rights of people living in America?
Inequality in a New Nation
Think back to the time period of the Declaration of Independence, was everyone treated equal? Did everyone have unalienable rights? While the United States Constitution and the Bill of Rights emphasized the importance for citizens to be actively involved in their government, these documents only protected the rights of white, male property owners, and not those of slaves, women, and Native Americans. Ideals of equality were described in the Declaration of Independence, including that “All men are created equal, that they are endowed by their Creator with certain unalienable rights that among these are life, liberty, and the pursuit of happiness.” Despite the fact that the “men” referred to in the Declaration of Independence actually meant all mankind, white, male property owners were the only group of people whose rights were actually protected. In fact, neither the words “slave” nor “woman” were used in the writing of the Constitution. However, the Constitution specifically referred to Native Americans by giving “Congress the power to regulate commerce with the Indian tribes.” Native Americans were treated like a separate country at that time. They were not considered American citizens and their rights were not protected. On the other hand, historians are unsure why women were missing from the Constitution. They believe that women were either a forgotten part of society, or because they were presumed to be a part of society that the government protects. Regardless, women’s rights as equal citizens were not enforced until 19th amendment was passed in 1920, which gave women the right to vote.
Think back to the time period of the Declaration of Independence, was everyone treated equal? Did everyone have unalienable rights? While the United States Constitution and the Bill of Rights emphasized the importance for citizens to be actively involved in their government, these documents only protected the rights of white, male property owners, and not those of slaves, women, and Native Americans. Ideals of equality were described in the Declaration of Independence, including that “All men are created equal, that they are endowed by their Creator with certain unalienable rights that among these are life, liberty, and the pursuit of happiness.” Despite the fact that the “men” referred to in the Declaration of Independence actually meant all mankind, white, male property owners were the only group of people whose rights were actually protected. In fact, neither the words “slave” nor “woman” were used in the writing of the Constitution. However, the Constitution specifically referred to Native Americans by giving “Congress the power to regulate commerce with the Indian tribes.” Native Americans were treated like a separate country at that time. They were not considered American citizens and their rights were not protected. On the other hand, historians are unsure why women were missing from the Constitution. They believe that women were either a forgotten part of society, or because they were presumed to be a part of society that the government protects. Regardless, women’s rights as equal citizens were not enforced until 19th amendment was passed in 1920, which gave women the right to vote.
Slavery in a New Nation
The existence of slavery was present and implied in the Constitution. In the Constitution, slaves were mentioned as “other persons” in one context and “fugitive laborers” in another. Slavery was a major source of debate between the supporters of the United States who were trying to create a government that would satisfy all regions of the new nation. The people in the north wanted to abolish slavery, while the people in the south wanted to continue the practice of slavery. Slavery would be a major issue in the new nation for several years. The Constitution stated that the international slave trade would not stop for at least two decades. It also said that the federal government was directed to help in the return of runaway slaves throughout the country. While Northern states slowly began emancipating their slaves because they were not economically dependent on slave labor, African Americans were still discriminated against in the Northern states. Often they were the last hired and the first fired from a job. They were denied access to some schools and lived in segregated African American communities. In the South, although some slave owners freed their slaves by choice, many southern states did not allow emancipation and slavery became even more established.
The existence of slavery was present and implied in the Constitution. In the Constitution, slaves were mentioned as “other persons” in one context and “fugitive laborers” in another. Slavery was a major source of debate between the supporters of the United States who were trying to create a government that would satisfy all regions of the new nation. The people in the north wanted to abolish slavery, while the people in the south wanted to continue the practice of slavery. Slavery would be a major issue in the new nation for several years. The Constitution stated that the international slave trade would not stop for at least two decades. It also said that the federal government was directed to help in the return of runaway slaves throughout the country. While Northern states slowly began emancipating their slaves because they were not economically dependent on slave labor, African Americans were still discriminated against in the Northern states. Often they were the last hired and the first fired from a job. They were denied access to some schools and lived in segregated African American communities. In the South, although some slave owners freed their slaves by choice, many southern states did not allow emancipation and slavery became even more established.
The Three-Fifths Compromise
A new question arose when the Constitution determined that representation in the House of Representatives would be based on population. Would slaves be counted as part of the population for the purposes of representation (as people) and taxation (as property)? The people in the south wanted all slaves to be counted as people because they had many slaves and knew it would increase their population and therefore they would have more representation in the House of Representatives. The north did not want all slaves to be counted as people because they had less slaves and knew it would give the southern slave states more representation in the House of Representatives. To resolve this issue and in attempt to satisfy northerners and southerners, the Three-Fifths Compromise was created. The Three-Fifths Compromise stated that slaves were to be counted as 3/5 of a person for the purposes of representation and taxation. For example, if a state’s population had 5,000 slaves, 3,000 of them counted as people in the state’s population for the purposes of representation and taxation.
A new question arose when the Constitution determined that representation in the House of Representatives would be based on population. Would slaves be counted as part of the population for the purposes of representation (as people) and taxation (as property)? The people in the south wanted all slaves to be counted as people because they had many slaves and knew it would increase their population and therefore they would have more representation in the House of Representatives. The north did not want all slaves to be counted as people because they had less slaves and knew it would give the southern slave states more representation in the House of Representatives. To resolve this issue and in attempt to satisfy northerners and southerners, the Three-Fifths Compromise was created. The Three-Fifths Compromise stated that slaves were to be counted as 3/5 of a person for the purposes of representation and taxation. For example, if a state’s population had 5,000 slaves, 3,000 of them counted as people in the state’s population for the purposes of representation and taxation.
The Bill of Rights
The Bill of Rights is the name given for the first ten amendments of the Constitution. An amendment is a change or improvement added to the Constitution. The Bill of Rights was added to protect individual rights and freedoms that were not addressed in the original Constitution. When the Constitution was in the process of being ratified (signed and becoming officially valid) some Americans were concerned that the Constitution gave the national government too much power. These people became known as the Anti-Federalists. Anti-Federalists would not approve the Constitution until the amendments protecting the rights of individuals against a powerful national government were promised and added to the Constitution. Amendments were proposed during the first Congress and sent to the states for ratification, or approval. Ten of these amendments were ratified and added to the Constitution, known as the Bill of Rights. These amendments continue to guarantee the rights of individuals and limit the power of the national government. The Bill of Rights amendments guaranteed several rights of individuals, including: (These are not the 10 amendments, just some of what they did.)
The Bill of Rights is the name given for the first ten amendments of the Constitution. An amendment is a change or improvement added to the Constitution. The Bill of Rights was added to protect individual rights and freedoms that were not addressed in the original Constitution. When the Constitution was in the process of being ratified (signed and becoming officially valid) some Americans were concerned that the Constitution gave the national government too much power. These people became known as the Anti-Federalists. Anti-Federalists would not approve the Constitution until the amendments protecting the rights of individuals against a powerful national government were promised and added to the Constitution. Amendments were proposed during the first Congress and sent to the states for ratification, or approval. Ten of these amendments were ratified and added to the Constitution, known as the Bill of Rights. These amendments continue to guarantee the rights of individuals and limit the power of the national government. The Bill of Rights amendments guaranteed several rights of individuals, including: (These are not the 10 amendments, just some of what they did.)
- Freedom of religion, speech, press and assembly
- The right for citizens to bear arms
- Protection against troops being quartered in private homes
- Safeguards against unreasonable searches
- Requirement for indictment by a grand jury for major crimes
- Guarantees a speedy public trial and a trial by jury
- Prohibits excessive bail (the punishment must fit the crime)
- Recognizes that people have more rights other than those mentioned in the Bill of Rights
- Powers not delegated to the federal government belong to the states or the people
Citizen Responsibilities
Besides the rights stated in the first 10 amendments, the American government places important responsibilities on its citizens. Some of these responsibilities include, but are not limited to:
Besides the rights stated in the first 10 amendments, the American government places important responsibilities on its citizens. Some of these responsibilities include, but are not limited to:
- Following rules and laws established by local, state, and federal governments
- Voting in elections
- Paying income taxes to support local, state, and federal projects
- Serving on a jury to ensure the right of a fair trial to all individuals
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Documents
4-4.3_bill_of_rights_notes.pdf |
4-4.3_bill_of_rights_notes.docx |
Sources
Text: ed.sc.gov
Image 1: https://pixabay.com/p-1486010/?no_redirect
Image 2: https://upload.wikimedia.org/wikipedia/commons/2/26/Cotton_field.jpg
Image 3: http://imagine-mexico.com/wp-content/uploads/2016/10/Three-Fifths-Compromise-chart.jpg
Image 4: http://www.legendsofamerica.com/photos-americanhistory/bill%20of%20rights.jpg
Image 5: http://imamsonline.com/blog/wp-content/uploads/2015/05/voting.jpg
Text: ed.sc.gov
Image 1: https://pixabay.com/p-1486010/?no_redirect
Image 2: https://upload.wikimedia.org/wikipedia/commons/2/26/Cotton_field.jpg
Image 3: http://imagine-mexico.com/wp-content/uploads/2016/10/Three-Fifths-Compromise-chart.jpg
Image 4: http://www.legendsofamerica.com/photos-americanhistory/bill%20of%20rights.jpg
Image 5: http://imamsonline.com/blog/wp-content/uploads/2015/05/voting.jpg