The Bill of Rights 2.3 & 3.5 - Benchmark Civics EOC Benchmark 2024 (Everything You Need to Know)

hi and welcome back to Mr Raymond's Civic EOC Academy where today we are going to be checking out the Bill of Rights so in a previous video we learned about the Federalist and the Anti-Federalist the two parties that formed at the founding of America to debate the new federal government created by the US Constitution and for those of you who watched it you remember that the Anti-Federalists thought that the new national government was too powerful they were in favor of strong state governments and a weak federal government and they wanted protection from this new national government and demanded that a Bill of Rights be added to the new Constitution and as you recall they were successful the Federalists agreed to add a Bill of Rights and so today we're going to be learning about that Bill of Rights and this brings us to our Benchmark which states that you need to be able to evaluate or judge the rights in the Bill of Rights and determine how the Bill of Rights both protects and possibly limits individual rights so for your exam you really need to know pretty much all of them and just a reminder teachers that this PowerPoint and a variety of activities and lesson plans are available at Teachers Pay Teachers just search for Mr Raymond Civics EOC Academy so the Bill of Rights is made up of 10 amendments to the Constitution and was ratified in 1791 just two years after George Washington became the first president of the United States and the new congress with the House of Representatives and a senate went into effect so what are rights in an earlier video we learned that John Lock and Thomas Jefferson spoke of natural rights that every human being should have and they were given to them by God or nature as we see in this definition rights are things that people are allowed to do because of nature or law and this person defines individual rights as a personal Liberty and privilege guaranteed to us CTI by the Bill of Rights and that's a pretty good definition but another good way to remember rights are things that people are entitled to do without government interference so really they're just protections from the government these are the rights and the Bill of Rights the First Amendment says that you have free speech and that means that you have the right to voice your opinions without the government punishing you for what you say and that illustrates our definition of a right it's something that you can do which is protected from the government we see the first amendment gives us freedom of speech religion press assembly and petition the second amendment protects the right to bear arms or own guns the third amendment protects from the Army wanting to quarter soldiers or forcing soldiers to live in your house the fourth amendment is about how the police are able to search your house or property the fifth amendment is about the way the government will treat you if you you are accused of committing a crime the sixth amendment is about what happens during your trial such as getting a lawyer and a fair jury the seventh amendment gives you a jury during what is known as a Civil Trial the eighth amendment protects you from cruel and unusual punishments if youve been convicted of a crime the Ninth Amendment says that you still have rights even if they weren't listed in the first eight amendments and the 10th Amendment says that powers not listed in the constitution for the national government are reserved for the states or the people so again let's look at these amendments in more detail starting with the First Amendment this is the amendment that people are most familiar with this is the one that lists our five big freedoms let's read the text and you try to pick out the rights 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 of the right of the people to peaceably assemble and to petition the government for a redress of grievances so again the first amendment gives us freedom of speech press religion assembly and petition now we could spend an entire video looking just at this amendment but students usually grasp this one best after all people really connect to the idea that we should be able to say whatever we want to gather in groups to protest the Press should be able able to write whatever they want and we should be able to sign petitions if we are upset about something but let's look briefly at these one by one these incredible freedoms we have a strong and long tradition of free speech in this country after all it was the People speaking out against the British that led to our declaring ourselves to be an independent country being able to say whatever we want even if it is unpopular is the foundation of a Democratic Society it's so ingrained in America that we should be able to say whatever we want that we take this right for granted and forget that this is not the case in every other country there are many nations around the world in which people can get into big trouble with the government for the things that they say now later this year we're going to learn about a Supreme Court case called Tinker versus De Moine in which the Supreme Court declared that free speech is more than just words and that this right includes freedom to express yourself whether by the clothes that you wear or the music that you make or artwork that you create so really covered in this freedom is the right to express your ideas without worrying about the government controlling what you say however there are some limits to this right after all you know from going to school that you can't always go around saying whatever you want for instance you can't make up lies about someone that hurt their reputation spoken lies are known as slander and written lies are known as liable and someone can sue someone else for spreading lies about them if they can prove that it has hurt their reputation or taken away their own rights you also can't share top secret government information or use words that will cause Panic such as shouting bomb on an airplane or fire in a crowded theater with all of your rights you really have the right to do whatever you want until you start taking away someone else is right to feel safe and secure for instance you can't threaten someone because by doing that you're causing harm with your words you're taking away their right to feel safe America also has a strong tradition of freedom of religion after all the original settlers to this country came here seeking to practice religion the way they wanted to now the first part of this right states that the government cannot quote establish a religion in many countries in the old days and some even today the government and the church are tied together in America we have what is known as separation of church and state this means that America's government should not be favoring one church over another the Supreme Court has been enlisted to enforce this amendment in cases like angle versus vital which ruled that schools could not have organized prayer now does that mean that there's no reference to religion in our government at all no in fact you know that In God We Trust appears on our money and during the Pledge of Allegiance we say one nation under God but for the most part as Thomas Jefferson said a wall exists between religion and government in another one of our videos on media and politics which you should definitely check out we discussed America's tradition of freedom of the press the Press refers to our news organizations on television and in the newspapers and on the internet who can print whatever stories they want after all we talked about how the media has a role which is called the Watchdog role and that role is to tell us when the government is doing something wrong and they can't do that if the government controlled what they say we also discussed how the media is often controlled in many countries around the world now again there are limits on freedom of the press such as liel again those printed lies but freedom of the press allows us to get our news without government interference so you're probably familiar with a petition this is where you sign your name to some document and it shows your support for fixing some problem now this right says specifically to petition the government for a redress of grievances and grievances as you hopefully remember from our video on the Declaration of Independence are formal complaints so your right to petition is your right to send written complaints to the government and by getting lots of signatures on your complaint you are showing the government that you are not alone now to assemble is to gather in a group you probably have assemblies at your school where a large group of students gather in a room and very often groups will gather in this country to protest some problem they are having with the government however as this amendment States these assemblies must be peaceful so there are limits the right to ass assemble in the form of a group protest really sends a strong message to the government that the people are not happy about something and their right to do this is constitutionally protected the Second Amendment is one that has been especially controversial with the rise of mass shootings in this country the Second Amendment goes back to the Revolutionary War in which citizen milicias fought against the British Army and that explains the wording of this right where where it states that quote 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 now some people would say that the security of our free state no longer requires a well-regulated militia made up of regular citizens we already have one of those and it's called the Army but people have strong opinions about this right especially the right to protect yourself so I'll leave it at that the third amendment is another one that dates back to the Revolutionary War as you hopefully remember from our previous video the British forced the colonists to quote unquote quarter or provide housing to British soldiers well despite the fact that this is not really an issue anymore we don't want to get rid of any of the rights from the original Bill of Rights so you just need to remember the third protect your rights not to have to open your house to any soldiers so they can move in the fourth amendment is AE important today because it is the closest thing we have to a right to privacy the Fourth Amendment states that the right of the people to be secure in their persons houses papers and effects against unreasonable search and seizure shall not be violated and no warrants shall issue but upon probable cause so think of this amendment as protection from unreasonable search and seizure and this is a protection from the police police or governmental agencies such as the FBI searching your house or yourself unless they believe AKA have probable cause to suspect that you're doing something illegal you've probably Seen On TV shows or movies where the police will storm into someone's home looking for someone or for some evidence of a crime and they will yell out search warrant as they break down the doors the warrant is a court order signed by a judge to search a home or someone's private property and in order to get a warrant signed the police will have to describe to the judge the probable cause or evidence that they have to suspect a crime is being committed now because of the wording of this amendment the people and lawyers and judges have interpreted this amendment to mean that the people are entitled to the right to privacy even though it doesn't actually use the word privacy and I think most Americans would agree that we should enjoy a constitutional right to privacy now the Supreme Court and lower courts have ruled that this amendment does in fact provide privacy and this is especially important in our internet age in which privacy is something that is quickly evaporated here are the current Supreme Court Justices who will be ruling on our right to privacy and here we see a police officer joking about Uncle Sam having a copy of the Fourth Amendment on his phone as he inspects the contents the fourth amendment is going to continue to play a crucial role in balancing our Internet connected world and our sense of privacy but for your test you need to remember that the fourth amendment protects from unreasonable search and seizure okay so the Fifth Amendment is a long one with five rights or protections crammed into one Amendment so let's read the text and see if you can pick up any of these keywords that you don't know but think might be connected so it says that no person shall be held to answer for a capital or otherwise Infamous crime unless on a presentment or indictment of a grand jury nor shall any person be subject for the same offense to be twice put in Jeopardy of life or limb nor shall be compelled in a 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 com compensation okay so yes that is a long one let's clear these up so the main goal of the Fifth Amendment is to protect you if you have officially been accused of a crime it's like a step forward from the fourth which protects suspects to now protecting those who are officially being charged with that crime so you can break down this amendment into five parts the right to a grand jury protection from Double Jeopardy the right to not incriminate yourself the right to do process and the establishment of eminent domain okay and let's start with a grand jury now hopefully you know what a jury is we discussed juries in previous videos and this is a group of peers that decides the verdict in a court case rather than having the government decide a grand jury is not like the ones that you're probably familiar with a grand jury does not decide guilt or innocence but they decide if there is enough evidence to go to trial we'll go over grand juries again when we get to our court systems but just just think of this type of protection in line with protecting those who are accused of a crime from going through the whole process of a trial if there wasn't even enough evidence to have one and if there is they offer what is known as an indictment so next we see all of the due process rights and this encompasses a lot of other rights including grand juries when you've been arrested there are all types of rules that the government needs to follow for instance if you're being questioned and you ask to speak to a lawyer the police have to stop questioning you the word process implies the steps of a procedure that must be followed and this is the way to look at due process all of the steps that the police and the district attorney must follow with people who have been charged with a crime one of these is what's known as Double Jeopardy which means that you cannot be charged with the same crime twice for example if you've been charged with stealing money from someone you were arrested they held a trial and you were found innocent they can't just say okay let's find some more evidence and charge them again the state only has one shot to prove someone is guilty and this is why trials sometimes take a long time the state needs to prove Beyond a reasonable doubt that someone is guilty our next part of the Fifth Amendment is the part where you can't be forced to be a witness against yourself and this is known as self-incrimination which as we see means that you can't be forced to testify against yourself and this is where your right to remain silent comes in you don't have to say anything it's the state's job to prove that you are guilty and not your job to prove that you are innocent in our country we have what is known as a presumption of innocence and this means that you are innocent until proven guilty now here we see a little kid asking a lawyer if the fifth amendment applies to report cards unfortunately the Bill of Rights does not give you protection from your parents and there is a phrase is that goes with the Fifth Amendment which is I plead the fifth if a prosecutor who is the lawyer trying to prove that you are guilty ask you a question about whether you've done something wrong you say I plead the fifth and this means that you are using your Fifth Amendment right to remain silent from you're watching police shows and movies you probably recognize the right to remain silent which is the first thing they will say when they arrest somebody and this comes from what is known as Mur Miranda rights and we're going to learn about these when we study the case of Ernesto Miranda versus the State of Arizona but these are rights the police have to say to someone when they're arrested and the first part comes back to the Fifth Amendment okay so the last part of the Fifth Amendment is kind of weird and I don't know maybe James Madison was kind of tired and just wanted to cram this one in but this one is what's known as eminent domain it says quote nor shall private property be taken for public use without just compensation okay so your domain is your home and eminent is power so eminent domain basically means the power to take your home now sometimes when the government is building highways or a railroad station they will pay the owner for their home at what is considered quote fair market value and force you to sell it to them now this is kind of rare but it does happen again it's called eminent domain and it's the right of the government to take away your house okay so the sixth amendment are the rights that are given to someone when they are in court now let's read the text and look closely so try to pick out the rights as I read it in a CRI in all criminal prosecution the accused shall enjoy the right to a speedy and public trial by an impartial jury and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have the process to have witnesses in his favor and to have assistance of counsel in his favor for defense okay so hopefully one of the things you picked up was a speedy and public trial now why Speedy despite the fact that we have a presumption of innocence people have been arrested for certain crimes that they have not done but they have to sit in jail waiting for their court date if they're not offered or can't afford what is known as bail and bail is like a down payment that you will come back for your court so even with the right to speedy trial defendants can spend up to months and even years waiting to get into court and often trials will take up to another year so if you were waiting in jail and happen to be innocent this would seem incredibly unfair you're being punished for something you haven't done so that's why we have this right to speedy trial next you might have seen in their impartial jury and this is the real jury that you're familiar with impartial means that you should be fair and that you shouldn't have a reason to favor one side over the other and a jury trial is incredibly important to have people who are just like you your peers decide the outcome of your trial next we see the right to confront Witnesses who are against you and to call your own to support you and you do all of this with the help of council which means lawyer so remember the six Amendment speedy trial good jury a lawyer and the ability to confront Witnesses these are all the protections that people have the due process rights for people who have been accused of a crime okay so the seventh amendment is super short and super easy I think James Madison should have dumped that eminent domain into this one seven simply says that in a Civil Trial you have the right to a jury as well another thing that you will learn later this year is the difference between criminal and civil trials Criminal criminal like it sounds is a trial for people who have broken the law the defendant is the person accused of committing the crime and the prosecutor works for the government trying to prove the defendant is guilty in a Civil Trial people are suing other people or companies and honestly they're usually suing over money a jury in this case doesn't declare innocence or guilt but who is right or wrong and what the outcome should be and again it's usually money but plenty of other things think Judge Judy when we were talking about civil trials except in her court it's not a jury it's a judge deciding so for civil trials you don't need a jury but that protection is there thanks to the Seventh Amendment okay so the Fourth Amendment we talk about protections if you're a suspect of a crime the Fifth Amendment if you're officially accused of a crime the sixth amendment what happens to you while you're in court well the eighth amendment protects you when you are found guilty except for the excessive bail part excessive bail would be something like setting bail a million dollar for a kid who stole a candy bar and an excessive fine would be if that kid had to pay the store back a million dollar and of course these are extreme examples but you get the idea but the main thing that you should remember from the eth amendment is that it protects from cruel and unusual punishment and punishments are meant to work as a deterrent for other people to not consider committing a crime you don't want to end up like that guy and it's also to get the person off the street where they're doing bad things and the main job is to rehabilitate people before they come back into society now at the time of the Enlightenment it was not all that far separated from the days where someone might be burned at the stake or tortured for crimes committed the enlightenment was a period where governments were expected to be more civilized so we see that in our eth Amendment now some people debate the death penalty in our country and whether or not this should be considered cruel and unusual punishment but the eighth amendment is what really protects you from cruel and unusual punishment and that's what you need to remember so amendments 1-8 are really the meat of the Bill of Rights protections amendment 9 and 10 go back to our debates between the Federalists and the Anti-Federalists and the Federalists again they argued that creating a Bill of Rights wasn't necessary if we started listing rights we're certainly going to leave some out and then what happens with those rights well that's where the Ninth Amendment comes comes in it says that the enumeration of certain rights shall not be construed to deny or disparage others retained by the people in other words just because rights are listed in the Constitution doesn't mean that people don't have other ones remember the ninth as rights not listed still go to the people and just as the ninth amendment was a shout out to the Federalists the 10th Amendment was for the Anti-Federalists who remember did not want this strong National government to have too much power the 10th Amendment says that the powers not given to the national government are reserved for the states and we call these State powers reserved powers Anti-Federalists and today's Republican party would state that this amendment makes it clear that the national government should only have those Powers listed in the Constitution which as you remember from our previous video is called enumerated powers okay all other powers are reserved for the states according to the 10th Amendment and that's it next time we're going to be looking at other specific amendments that came after the Bill of Rights such as the 13th which abolished slavery of the 19th which gave women the right to vote but before we do let's be sure to review okay so who demanded that the Bill of Rights be added to the Constitution yes the Anti-Federalist that is a definite state exam question which me protects from quartering soldiers it's a weird one but it's Amendment Three okay what are the five freedoms from the First Amendment you're going to have to know these five freedoms they are free speech freedom of the press freedom of religion freedom of assembly and freedom to petition which amendment protects from cruel and unusual punishment do you remember that one comes towards the end that is amendment number eight which amendment ensures a speedy trial a lawyer and an impartial jury speedy trial sixth amendment speedy trial six amendments remember that one what do you call the government what do you call when the government takes away someone's property for public use remember your home is your domain the power to take it is eminent domain which amendment protects from unreasonable search or seizure amendment number four the police knocking at your door which Amendment states that rights not listed belong to the people remember the last one says powers reserved for the states the one before that the ninth says rights not listed belong to the people what is it called that you cannot be charged with the same crime twice remember you're putting yourself in Jeopardy that's called double jeopardy what is it called when you do not have to testify against yourself you have your right to remain silent that is called self-incrimination which amendment protects the right to own firearms AKA guns that's the Second Amendment which amendment protects due process rights to Grand Jury no Double Jeopardy self-incrimination this is the long one this is halfway through it's amendment number five okay well thanks for watching guys spend some more time with these you really have to memorize them and if you get you know all 10 memorized well that might be a couple of questions on your state exam be sure to subscribe people and just remind your teachers that this PowerPoint and lesson plans are available at teachers paid teachers just two bucks search for Mr Raymond Civic EOC Academy again keep up the good work out there you're going to ace your test

Channel: Mr. Raymond's Social Studies Academy

Views: 153,813

Keywords: Civics (Field Of Study), Bill of Rights, Amendments to the US Constitution, Teaching the Bill of Rights, Mr. Raymond's Civics, Mr. Raymond's Civics EOC Academy, Civics EOC, Civics State Exam, First Amendment To The United States Constitution (Constitutional Amendment), Fourth Amendment To The United States Constitution (Constitutional Amendment), United States Bill Of Rights (Constitutional Amendment), Social Studies, teaching the Bill of Rights, The Bill of Rights Explained

Id: BawRxfK0zDg

Length: 27min 27sec (1647 seconds)

Published: Sat Nov 28 2015