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From Seventeen to Ten: The Bill of Rights and the Court

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From Seventeen to Ten: The Bill of Rights and the Court

Use a graph and a table of cases to see how rights are written down and interpreted.

Writing the rights down

Read the passage and study the graph. Then answer the questions.

Ten Amendments and the Court That Reads Them

1When the Constitution went to the states in 1787, many Antifederalists objected that it had no bill of rights. Several states ratified it while asking for amendments to protect individual rights. In June 1789, James Madison, a member of the new House of Representatives from Virginia, proposed a list of amendments.

2Congress narrowed the list. In August 1789 the House approved 17 amendments. The Senate combined and cut some of them, and in September Congress sent 12 to the states. An amendment becomes part of the Constitution when three-fourths of the states ratify it. By December 15, 1791, ten had been ratified; they are known as the Bill of Rights. One of the two left behind, about pay for members of Congress, was finally ratified in 1992 as the Twenty-seventh Amendment.

3The First Amendment protects freedom of religion, speech, the press, assembly and petition. The Fourth bans unreasonable searches and seizures and requires warrants based on probable cause. The Fifth says no person may be forced to be a witness against himself or lose life, liberty or property without due process of law. The Sixth promises a speedy, public trial by jury and the help of a lawyer. The Eighth bans excessive bail and cruel and unusual punishments.

4Words on paper still have to be interpreted. In Marbury v. Madison (1803), Chief Justice John Marshall wrote, "It is emphatically the province and duty of the judicial department to say what the law is." The Court struck down part of a law passed by Congress because it conflicted with the Constitution. The courts' power to decide whether a law or government action follows the Constitution is called judicial review.

5At first, the Court read the Bill of Rights narrowly. In Barron v. Baltimore (1833), a wharf owner said city work had ruined his wharf, and he asked to be paid under the Fifth Amendment. The Court ruled that the Bill of Rights limited the national government, not the states or their cities.

6That changed after the Civil War. The Fourteenth Amendment, ratified in 1868, says no state may "deprive any person of life, liberty, or property, without due process of law." In the 1900s, the Court used these words to apply most of the Bill of Rights to the states, one case at a time.

Proposed Amendments, 1789–1791024681012141618House approvedSent to statesRatified by 1791StepAmendments
1.
Use the graph. Write the number.

Of the amendments the House approved, did not reach the states.

2.
What does the drop from one bar to the next best show?
Question 2 options
3.
Draw a line from each situation to the amendment that most directly protects the person.
4.
Which of these is an example of judicial review?
Question 4 options

Landmark cases

Use the table and paragraphs 4–6.

Five Landmark Supreme Court Cases
CaseYearPart involvedWhat the Court ruled
Marbury v. Madison1803Article IIICourt may void an unconstitutional law
Barron v. Baltimore1833Fifth AmendmentRights limit the nation, not states
Mapp v. Ohio1961Fourth AmendmentState courts bar illegal-search evidence
Gideon v. Wainwright1963Sixth AmendmentStates must provide lawyers to the poor
Miranda v. Arizona1966Fifth AmendmentPolice in all states must warn suspects
5.
Circle each case in which the Court applied a Bill of Rights protection to state or local officials.

6.
Imagine that in 1840 a state punished newspapers that criticized its governor, and an editor went to the Supreme Court. Based on the passage and table, what would the Court of that time most likely decide?
Question 6 options
7.
Why could Gideon win his case in 1963 when Barron lost his in 1833?
Question 7 options
8.
Use paragraphs 2 and 6. Write the number of years.

The Fourteenth Amendment was ratified years after the Bill of Rights.

9.
Claim to judge: "The Bill of Rights protects people only as well as the courts interpret it." Do you agree? Use Barron v. Baltimore and at least one other case from the table as evidence, and explain your reasoning.