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BILL OF RIGHTS

Teacher Guidelines ▶ pages 1 – 2

4-6
Instructional Pages ▶ pages 3 – 6
Activity Page ▶ pages 7 – 8
Practice Page ▶ page 9
GRADE

Homework Page
Answer Key


page 10
pages 11 – 12
Classroom Procedure: Approximate Grade Level: 4 – 6
Objectives: The students will be able to
1. Ask: What are some of the rights you have in America?
define the Bill of Rights, list and summarize
2. Allow for responses and discussion. What gives people the first ten amendments, and apply them to
their use in America.
in America their rights? Why do we have these rights?
State Educational Standards*
3. Allow for responses and discussion. Introduce the Bill of LB.ELA-Literacy.RI.4.3
Rights. LB.ELA-Literacy.RI.4.5
LB.ELA-Literacy.W.4.3
4. Distribute Bill of Rights content pages. Read and review LB.ELA-Literacy.W.4.7
the information with the students. During a review of each LB.ELA-Literacy.RI.5.3
amendment, ask students to share examples of when it LB.ELA-Literacy.W.5.2
could be violated or when it is followed in everyday life. LB.ELA-Literacy.W.5.3
Save the final question for the lesson closing. Use the LB.ELA-Literacy.W.5.7
additional resources to enhance understanding. LB.ELA-Literacy.SL.6.2
LB.ELA-Literacy.RH.6.4
5. Distribute Activity page. Read and review the instructions. LB.ELA-Literacy.RH.6.10
Pair students. Encourage students spend several minutes Class Sessions (45 minutes):
on each amendment part. The activity may be completed At least 2 class sessions.
as a class discussion or debate. Circulate through the
Teaching Materials/Worksheets:
room to ensure students remain on task. Bill of Rights content pages (3), Activity
6. Once completed, student pairs share their responses. Class pages (2), Practice page, Homework page
members may agree or disagree with the implications, but Student Supplies: handouts
must logically support opinions. At the end of the activity
Prepare Ahead of Time:
discussion, ask students what might have happened if the Pair students for activity.
Bill of Rights never existed. Copy handouts.
7. Distribute Practice page. Check and review the students’ Options for Lesson: Students may work
responses. alone or in groups for the activity. Students
create a list of activities in the country, other
8. Distribute the Homework page. The next day, check and students match the event to the correct
review the students’ responses. amendment. Invite an attorney familiar
with the Bill of Rights to speak to the class,
9. In closing, ask students: What are the rights you do not students prepare questions ahead of time to
have, or have limits, because you are not yet an adult? ask the attorney. Students compare the Bill
of Rights to similar documents from other
10. Allow for responses and discussion. countries- assign another country to each
student to research information about rights
11. Further ask: Do you believe people under 18 should have and present it to the class.
limits on some rights? Why or why not?
*Lessons are aligned to meet the education objectives and goals of
12. Allow for responses and a student debate on the issue if most states. For more information on your state objectives, contact
your local Board of Education or Department of Education in your state.
applicable.

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Teacher Notes
The lesson summarizes and analyzes the Bill of Rights, specifically addressing each of the first ten amendments
from the United States Constitution. Examples of their use in America, and some of the controversy surrounding
the amendments are also discussed. Prior to the lesson, the students should have a basic understanding of
the U.S. Constitution, and this lesson may be used in conjunction with a lesson related to the Constitution.
In addition, many students will have a strong opinion on one or more of the amendments which can lend
itself to a classroom debate.
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Rules, Laws, and Policies
On the first day of school, many teachers will explain the rules you must
follow as a student. Sometimes the teacher and the class will create the
rules together, and other times the rules have already been established
by the teacher and/or the school.
In society, there are also rules and laws that people must follow. In businesses, sometimes rules are called
policies. The rules, laws, and policies help a classroom, town, city, state, or business run smoothly. If the
rules are clear and fair, there are usually less problems. However, sometimes rules or laws can be unfair
and unclear and they are challenged or changed.
When the United States first became a country in 1776, it too needed a set of rules for the citizens and the
government to follow. The United States Constitution was written in 1787, agreed upon in 1788 by the
states, and it is the central law of the United States. When it was first written, the constitution did not include
rights for American citizens. It did not seem fair. It was more about how the country should be governed.
The states were not happy with it.
In 1791, when the Constitution was two years old, 10 new amendments were added. These 10 amendments
were called the Bill of Rights. They insured certain freedoms and rights for the citizens of America. They
were based on several other historical documents including the Magna Carta, Articles of Confederation, the
Virginia Declaration of Rights, and the English Bill of Rights. They are summarized below:

Written in 1215, it stated that King John of England was not above the law and it
protected the rights of the people. Some of the rights were related to religion, justice,
Magna Carta
taxes, illegal imprisonment and more. Considered to be one of the most important
documents in the history of democracy.

Before the Constitution was written, it was the law of the land between March 1, 1781
Articles of and March 4, 1789 written during the Revolutionary War. It was basically the agree-
Confederation ment between the states and the government of how the government would function
in America.

Written in 1776, it later became a part of the Virginia State Constitution. It stated that
Virginia
all men are equal, may enjoy life and liberty, government is for the common benefit of
Declaration of
the people, rules related to voting, people may not be forced to give evidence against
Rights
themselves in court, freedom of the press, freedom of religion, and more.

Passed in 1689 by the Parliament of England. It created separation of powers; limit


English Bill of
powers of the king and queen; included freedom of speech; limits on taxes; right for all
Rights
people to bear arms; no excessive bail, fines, or cruel punishment; and others.

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The four historical documents were the foundation for some parts of the Constitution, but especially for the
Bill of Rights. The Articles of Confederation was replaced by the U.S. Constitution, which includes the Bill
of Rights, (10 amendments), and was officially approved on December 15, 1791.

Your Rights as an American


James Madison first introduced the Bill of Rights to the United States Congress
as a group of legislative articles. Originally, there were twelve amendments
passed by Congress, but the states only agreed to ten of them. Out of two other
amendments, one has been passed, and one is pending.
One of the amendments was not passed until May 5, 1992. It is now the 27th
amendment, and prohibits any law that increases or decreases the salary of
members of Congress from taking effect until the start of the next term. The other
amendment, that is still pending, is related to the formula for determining the size
of the House of Representatives following each 10-year census.
Instead of twelve amendments making up the Bill of Rights, there are only ten.
They are shown in their original language and then explained to you using
common language.

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.

I
Freedom to practice your religion and the government cannot establish a religion (often referred to as separation
of church and state); Freedom of the press- they government cannot censor the press or impose taxes on it;
Freedom of speech- you can speak out against things you do not agree with, sign petitions, and use other types of
protests.

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.
II
The right for individuals to have guns; however, there are restrictions due to a person’s age, criminal background,
and other limits. It is often argued if it is for individuals or just for armies.

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.
III It is illegal during peace time for soldiers to use a person’s private home without permission, though during a war,
they may live in a private home without permission, though must follow the law. This amendment was made
because of the Revolutionary War.

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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.
IV
Another amendment added due to the Revolution. There must be a search warrant signed by
a judge for law enforcement officials to search or seize a person’s property such as their home,
car, cell phone, or computer. The police cannot simply walk into a person’s house with a reason,
unless someone’s safety is in jeopardy.

No person shall be held to answer for a 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
V be taken for public use, without just compensation.

A person cannot be charged with a serious crime without a jury meeting to decide there is
enough evidence. If you are found innocent you cannot be tried again for the same crime.
While on trial, you may remain silent and say nothing against yourself. The government cannot
take property from you unless you are reimbursed.

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 wherein 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 con-
fronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor,
VI and to have the Assistance of Counsel for his defense.

If a person is arrested, he/she has a right to a trial quickly; the government cannot keep a person
in jail without a court hearing. Trials must be public. A person has a right to know the charges,
pick a jury from their area, have witness, and a lawyer.

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
VII United States, then according to the rules of the common law.

In a civil case, like a lawsuit, a person has a right to have a jury make a final decision.

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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted.
VIII
When arrested a person must have reasonable bail set and reasonable fines. If a person is
guilty and convicted of a crime, they cannot have cruel or unusual punishments like torture.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others
retained by the people.
IX
There might be other rights a person has that are not listed in the Constitution, and because it is
not written, it does not mean it is not a right.

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.
X
If it is not in the constitution, Congress cannot do it and it is up to individuals and the states.

The Constitution of the United Sates, and specifically the Bill of Rights, are often referred to and discussed
during government legislation and throughout the country during court hearings and trials.
For example, currently most adults have a right to carry a gun, but some believe the 2nd amendment only meant
a gun was only for armies or militias. The death penalty is legal in the U.S., but many people believe it is a
form of cruel and unusual punishment and believe it violates the 8th amendment. At one time, before there
were Social Security payments for older Americans, some people believed it was against the 10th amendment
since there is nothing in the Constitution about it, so the states should have made the decision, not the
federal government.
There are many, many other examples of laws in the United Sates that some people
believe are against the Constitution and the Bill of Rights. Sometimes, the decision
for the law makes it the Supreme Court, the highest court in America, and
the nine Justices then decide on its legality.
Overall, the Bill of Rights are needed for the United States of America.
They are the rules and laws that help the citizens of America be treated
fairly and with justice, and insure certain freedoms and rights for everyone.

What are the rights you do not have, or have limits,


because you are not yet an adult?

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Activity Name __________________________ Date _________

With your partner, review each of the following parts of the amendments from the Bill of Rights.
Explain the changes in America if the amendment did not exist. Who would be affected? How?
Why? What would be the implications or consequences?
For example, imagine if soldiers were permitted to stay in private homes during peace time. If the armed
forces ran out of housing for those in the military, maybe they would begin using private homes.
Everyone must practice the same religion or no one may practice a religion:

The government takes over the press:

People can no longer protest publicly or speak out:

Guns are not permitted:

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Activity Name __________________________ Date _________

The police can search anyone’s house, computer cell phone, or other property without a warrant:

Before or during a trial someone charged with a crime is forced to speak:

Torture is permitted against a person who is arrested:

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Practice Name __________________________ Date _________

Match the fact with the correct historical document.


1 Agreement between the states and government before the Constitution. A Magna Carta
2 Written in 1776, stated that all men are equal, may enjoy life and liberty.
3 Stated that King John of England was not above the law. B Articles of Confed-
4 Passed in 1689 by the Parliament of England. eration

5 Law of the land for 9 years, written during the Revolutionary War. C Virginia Declaration
6 It created separation of powers; limit powers of the king and queen. of Rights

7 One of the most important documents in the history of democracy. D English Bill of
8 Freedom of the press, freedom of religion, rules related to voting. Rights
Match the Bill of Rights to the correct amendment number.
9 Right to a jury during civil cases I
10 Freedom to own a gun II
11 Right to a speedy trial, trials must be public, right to a lawyer III
12 If something is not in the Constitution, it will be decided by the states IV
13 Freedom of religion, speech, press, and the right to protest V
14 No unreasonable bail or fines, no cruel or unusual punishment VI
15 Freedom against unlawful searches, must have probable cause VII
16 There are other rights that may not be in the Constitution VIII
17 Soldiers may not use private homes during peace time IX
18 Freedom of trial by jury, right to remain silent X
Explain the other two amendments that were considered with the 10 Amendments.
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Homework Name __________________________ Date _________

Fill in the blanks using the word bank.


Unusual Madison Warrant Trial
Jury Constitution Freedom Rights
Bill of Rights Justice Revolutionary Supreme
The United States _____________ was written in 1787, agreed upon in 1788 by the states.
1. The 10 Amendments to the Constitution are called the _____________.
2. The Articles of Confederation were written during the _____________ War.
3. James _____________ first introduced the Bill of Rights to the United States Congress.
4. The 1st amendment allows for the _____________ of speech, press, and assembly.
5. The 4th amendment states that a search ___________ must be signed by a judge to conduct a search.
6. A person cannot be charged with a serious crime without a _____________ making the decision.
7. If a person is arrested they have a right to a speedy _____________.
8. I f a person is guilty or of a crime, they cannot face cruel or _____________ punishments.
9. If there is a dispute with one of the Bill of Rights, the _____________ Court will hold a hearing.
10. The Bill of Rights are the rules and laws to help citizens be treated fairly and with _____________.
11. When the Constitution was first written, it did not give _____________ to American citizens.
Choose ONE of the Amendments of the Bill of Rights. In one or two paragraphs, clearly explain why
you would want it changed, added to, eliminated, or kept the same.
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Practice Answer Key
Name __________________________ Date _________

Match the fact with the correct historical document.


1 B Agreement between the states and government before the Constitution. A Magna Carta
2 C Written in 1776, stated that all men are equal, may enjoy life and liberty.
3 A Stated that King John of England was not above the law. B Articles of Confed-
4 D Passed in 1689 by the Parliament of England. eration
5 B Law of the land for 9 years, written during the Revolutionary War. C Virginia Declaration
6 D It created separation of powers; limit powers of the king and queen. of Rights
7 A One of the most important documents in the history of democracy. D English Bill of
8 C Freedom of the press, freedom of religion, rules related to voting. Rights
Match the Bill of Rights to the correct amendment number.
9 VII Right to a jury during civil cases I
10 II Freedom to own a gun II
11 VI Right to a speedy trial, trials must be public, right to a lawyer III
12 X If something is not in the Constitution, it will be decided by the states IV
13 I Freedom of religion, speech, press, and the right to protest V
14 VIII No unreasonable bail or fines, no cruel or unusual punishment VI
15 IV Freedom against unlawful searches, must have probable cause VII
16 IX There are other rights that may not be in the Constitution VIII
17 III Soldiers may not use private homes during peace time IX
18 V Freedom of trial by jury, right to remain silent X
Explain the other two amendments that were considered with the 10 Amendments.
One, passed in 1992, is now the 27th, prohibits salary changes during a current term for members of
Congress; the other is a pending amendment related to the formula for determining the size of the House of
Representatives following each 10-year census.

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Homework Answer Key
Name __________________________ Date _________

Fill in the blanks using the word bank.


Unusual Madison Warrant Trial
Jury Constitution Freedom Rights
Bill of Rights Justice Revolutionary Supreme
The United States Constitution was written in 1787, agreed upon in 1788 by the states.
12. The 10 Amendments to the Constitution are called the Bill of Rights.
13. The Articles of Confederation were written during the Revolutionary War.
14. James Madison first introduced the Bill of Rights to the United States Congress.
15. The 1st amendment allows for the freedom of speech, press, and assembly.
16. The 4th amendment states that a search warrant must be signed by a judge to conduct a search.
17. A person cannot be charged with a serious crime without a jury making the decision.
18. If a person is arrested they have a right to a speedy trial.
19. I f a person is guilty or of a crime, they cannot face cruel or unusual punishments.
20. If there is a dispute with one of the Bill of Rights, the Supreme Court will hold a hearing.
21. The Bill of Rights are the rules and laws to help citizens be treated fairly and with justice.
22. When the Constitution was first written, it did not give rights to American citizens.
Choose ONE of the Amendments of the Bill of Rights. In one or two paragraphs, clearly explain why
you would want it changed, added to, eliminated, or kept the same.
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