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FAIR TRIAL
OUR FREEDOMS SERIES
BY CHESTER WILLIAMS
SPECIALIST IN CONFERENCE PLANNING UNITED STATES OFFICE OF EDUCATION
EDITOR SERIES - JOHN W. STUDEBAKER
UNITED STATES COMMISSIONER OF EDUCATION
ILLUSTRATED BY WILLIAM THOMPSON
COPYRIGHT 1941, 1967
PUBLISHED BY ROW, PETERSON AND CO.
EVANSTON ILLINOIS (il), NEW YORK (ny), SAN FRANCISCO CALIFORNIA (ca)
EDUCATIONAL MATERIAL
PREVIOUS LIBRARY COPY
72 PAGE HARDCOVER BOOK
CHILDRENS GOVERNMENT / LAW CONCEPTS
FULL OF COLOR LITHOGRAPH IMAGES.
TEXT IS REFERENCED. BINDING IS GOOD.
+++PLUS+++
RIGHT OF FREE SPEECH
OUR FREEDOMS SERIES
BY CHESTER WILLIAMS
SPECIALIST IN CONFERENCE PLANNING UNITED STATES OFFICE OF EDUCATION
EDITOR SERIES - JOHN W. STUDEBAKER
UNITED STATES COMMISSIONER OF EDUCATION
ILLUSTRATED BY WILLIAM THOMPSON
COPYRIGHT 1941, 1967
PUBLISHED BY ROW, PETERSON AND CO.
EVANSTON ILLINOIS (il), NEW YORK (ny),
SAN FRANCISCO CALIFORNIA (ca)
EDUCATIONAL MATERIAL
PREVIOUS LIBRARY COPY
84 PAGE HARDCOVER BOOK
CHILDRENS GOVERNMENT / LAW CONCEPTS
FULL OF COLOR LITHOGRAPH IMAGES.
BINDING IS GOOD.
---------------------------
FYI
The Bill of Rights is the name by which the first ten amendments to the United States Constitution are known. They were introduced by James Madison to the First United States Congress in 1789 as a series of articles, and came into effect on December 15, 1791, when they had been ratified by three-fourths of the States. An agreement to create the Bill of Rights helped to secure ratification of the Constitution itself. Thomas Jefferson was a supporter of the Bill of Rights.
The Bill of Rights prohibits Congress from making any law respecting an establishment of religion or prohibiting the free exercise thereof, guarantees free speech, free press, free assembly and association and the right to petition government for redress, forbids infringement of "...the right of the people to keep and bear Arms...", and prohibits the federal government from depriving any person of life, liberty, or property, without due process of law. In federal criminal cases, it requires indictment by a grand jury for any capital or "infamous crime", guarantees a speedy, public trial with an impartial jury composed of members of the state or judicial district in which the crime occurred, and prohibits double jeopardy. In addition, the Bill of Rights states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," and reserves all powers not specifically granted to the federal government to the people or the States. Most of these restrictions were later applied to the states by a series of decisions applying the due process clause of the Fourteenth Amendment, which was ratified in 1868, after the American Civil War.
The question of including a Bill of Rights in the body of the Constitution was discussed at the Philadelphia Convention on September 12, 1787. George Mason "wished the plan [the Constitution] had been prefaced with a Bill of Rights. Elbridge Gerry of Massachusetts "concurred in the idea & moved for a Committee to prepare a Bill of Rights." Mr Sherman argued against a Bill of Rights stating that the "State Declarations of Rights are not repealed by this Constitution." Mason then stated "The Laws of the U. S. are to be paramount to State Bills of Rights." The motion was defeated with 10-Nays, 1-Absent, and No-Yeas.
Madison proposed the Bill of Rights while ideological conflict between Federalists and anti-Federalists, dating from the 1787 Philadelphia Convention, threatened the final ratification of the new national Constitution. It largely responded to the Constitution's influential opponents, including prominent Founding Fathers, who argued that the Constitution should not be ratified because it failed to protect the fundamental principles of human liberty. The Bill was influenced by George Mason's 1776 Virginia Declaration of Rights, the 1689 English Bill of Rights, works of the Age of Enlightenment pertaining to natural rights, and earlier English political documents such as Magna Carta (1215).
Two other articles were proposed to the States; only the last ten articles were ratified contemporaneously. They correspond to the First through Tenth Amendments to the Constitution. The proposed first Article, dealing with the number and apportionment of U.S. Representatives, never became part of the Constitution. The second Article, limiting the power of Congress to increase the salaries of its members, was ratified two centuries later as the 27th Amendment. Though they are incorporated into Madison's document known as the "Bill of Rights", neither article establishes a right as that term is used today. For that reason, and also because the term had been applied to the first ten amendments long before the 27th Amendment was ratified, the term "Bill of Rights" in modern U.S. usage means only the ten amendments ratified in 1791.
The Bill of Rights plays a key role in American law and government, and remains a vital symbol of the freedoms and culture of the nation. One of the first fourteen copies of the Bill of Rights is on public display at the National Archives in Washington, D.C.
Amendments
First Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition
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.
Second Amendment – Militia (United States), Sovereign state, Right to keep and bear arms.
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.
Third Amendment – Protection from quartering of troops.
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.
Fourth Amendment – Protection from unreasonable search and seizure.
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.
Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.
No person shall be held to answer for any 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.
Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel
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 where in 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.
Seventh Amendment – Civil trial by jury.
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 re-examined in any court of the United States, than according to the rules of the common law.
Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Ninth Amendment – Protection of rights not specifically enumerated in the Constitution.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Tenth Amendment – Powers of States and people.
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.
(PICTURE FOR DISPLAY ONLY)
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