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state .C.2.4: * Close Read Each Amendment
SS.7 l of * Critical Thinking Questions
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How to Use
With this Bill of Rights Annotated Close Reads for Civics and American
History, students close read and think critically about the first ten
amendments to the United States Constitution. Questions in the margins
and beneath the text guide students towards a deeper understanding of
the language, intent, and impact of our Bill of Rights freedoms and
protections. A review worksheet at the end of the activity gives a few
overview questions to ensure comprehension, as well as a chance to
exercise a little creativity as students illustrate a protest sign defending
one of their Constitutional rights.
• You can use these amendment close reads one at a time, or all
together as a beginning overview for your Bill of Rights Unit!
Answer Keys are included at the end of the PDF, as well as the Terms of
Use and more links to Happy Teacher products you might enjoy!
I hope this activity helps your students really understand the language
and intent of the Bill of Rights. If you use any of my products and love
them, tag me on Instagram @happyteacherTPT!
freedom of speech, or of the press; or the 6. What are the five freedoms this
3. Define “abridge”: Amendment is listing?
right of the people peaceably to assemble,
4. What can’t Congress do to our
freedom of speech? and to petition the Government for a
redress of grievances.”
consi
der
7. Congress passes a law declaring that churches can only be open on Sundays from 8 am to 12 pm. After that,
no one is allowed to go to church and should stay home. Would this violate the First Amendment? Why or why not?
8. The First Amendment doesn’t explicitly give us a right to protest, which is when people gather together to speak their minds about
an issue — usually a problem they want the government to solve. Three freedoms in the First Amendment combined give us an implied
right to protest, however. Can you name these three freedoms? (Read the definition of “protest” again to help you find them!)
9. The Constitution specifically says we have the right to peaceably assemble. Why do you think that distinction is important?
10. What would happen if we lost our First Amendment rights? Think about each of the freedoms and consider what might happen if
the government could interfere in each of them.
3. What does it mean to ”infringe” people to keep and bear Arms, shall not be
on a right?
infringed.”
5. In District of Columbia v. Heller, the Supreme Court ruled that a law banning handguns and requiring that weapons kept in the home
for self-defense be stored unloaded and disassembled was unconstitutional. Why do you think this law violated the Second Amendment?
10. What Act from the Colonial Rebellion was this Amendment most likely responding to? Identify the act, describe it, and explain why
you think the Founding Fathers wanted to make sure it would never happen again.
be violated, and no Warrants shall issue, but 6. Whose actions does the Fourth
3. What two-word phrase is Amendment limit?
required for a warrant to be
issued? upon probable cause, supported by Oath or
things to be seized.”
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der
7. A warrant is a court order issued by a judge. It allows the police to either ”search” a stated piece of property
(such as a house, car, or boat), or to “seize” a person or their property (by arresting them, impounding their car, and so forth.)
According to the 4th Amendment, what does the warrant need to include?
8. What does ”probable cause” mean, and why is it necessary if a police officer wants to search you or your home?
9. A police officer sees a woman walking out of a shop and follows her into the parking lot. The officer doesn’t observe the woman
doing anything against the law, but when she gets to her vehicle, the officer demands the woman show him the contents of her purse
and let him search her car. Is this a violation of her Fourth Amendment rights? Why or why not?
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 2. Underline the phrase referring to
our protection against “double
offence to be twice put in jeopardy of life or limb; nor shall be compelled in jeopardy”, or being charged twice
for the same crime.
any criminal case to be a witness against himself, nor be deprived of life,
3. Self-incrimination means to admit
to something that will get you into
liberty, or property, without due process of law; nor shall private property be trouble. To “plead the fifth” in a court
or criminal proceeding means to
taken for public use, without just compensation.” refuse to answer a question that will
incriminate you. Circle the line in the
text that refers to this protection.
o n s ider 4. According to the law of eminent domain, the government can seize your property and repurpose it for
c public use – for instance, if they need to bulldoze a house to make room for a highway. According to the Fifth
Amendment, however, if the government does this, what is it your constitutional right to receive?
5. Due process is when a person accused of a crime is given rights, treated fairly according to written laws, and allowed a trial to
determine their guilt or innocence. What would happen to our criminal justice system if this protection was taken away?
6. In Miranda v. Arizona, Ernesto Miranda, convicted of the kidnapping and assault of a young woman, sued the state of Arizona for not
informing him of his Constitutional rights prior to his arrest. Miranda wasn’t told he had a right to an attorney while being questioned
by the police, nor that he had the right to remain silent. During the interrogation, he ended up confessing to his crimes. The Supreme
Court sided with Miranda, and now everyone is read their “Miranda Rights” upon arrest. During that police interrogation, which of
Miranda’s Fifth Amendment rights were violated? How so?
trial, by an impartial jury of the State and district wherein the crime shall have been
2. What type of jury does the committed, which district shall have been previously ascertained by law, and to be
accused have a right to?
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
3. Where will the trial take place?
favor, and to have the Assistance of Counsel for his defense.”
4. When accused of a crime, what does a person have a right to be informed of?
5. Habeas Corpus, or “bring the body”, means when you’re arrested, you cannot be thrown into a cell without being told why. People
accused of crimes have a constitutional right to be brought in front of a judge who explains the accusations against them. According to the
Sixth Amendment, they then have a right to gather witnesses that will testify in their favor, and to have access to Counsel (a lawyer) to
help them argue their case. Why is it important to give people accused of crimes this due process of law?
8. Some people worried that listing specific citizens’ rights in the Constitution would imply that these were the only rights people had
in America. How does the Ninth Amendment address this concern?
3. Are the rights and protections in the Bill of Rights our only protections as
American citizens? Which Amendment answers this question?
shorten; curtail; reduce right of the people peaceably to assemble, Religion, Speech, Press,
4. What can’t Congress do to our Assembly, Petition
freedom of speech? and to petition the Government for a
Congress cannot censor
our freedom of speech redress of grievances.”
consi
der
7. Congress passes a law declaring that churches can only be open on Sundays from 8 am to 12 pm. After that,
no one is allowed to go to church and should stay home. Would this violate the First Amendment? Why or why not?
This would violate our First Amendment right to freely exercise our religion. Congress cannot tell us
when and where we’re allowed to worship.
8. The First Amendment doesn’t explicitly give us a right to protest, which is when people gather together to speak their minds about
an issue — usually a problem they want the government to solve. Three freedoms in the First Amendment combined give us an implied
right to protest, however. Can you name these three freedoms? (Read the definition of “protest” again to help you find them!)
The Freedoms of Assembly, Speech, and Petition. (gathering together to speak our minds about problems)
9. The Constitution specifically says we have the right to peaceably assemble. Why do you think that distinction is important?
The quartering Act of of 1765 (or 1774) requiring colonies to house British troops. The Founding Fathers would
have felt violated and threatened by this and would want to make sure this intrusion didn’t happen again.
consi
der
7. A warrant is a court order issued by a judge. It allows the police to either ”search” a stated piece of property
(such as a house, car, or boat), or to “seize” a person or their property (by arresting them, impounding their car, and so forth.)
According to the 4th Amendment, what does the warrant need to include?
A warrant needs to describe the place to be searched and the person or things to be searched.
8. What does ”probable cause” mean, and why is it necessary if a police officer wants to search you or your home?
Probable cause means ”likely reason”. A police officer cannot violate your privacy without reason.
9. A police officer sees a woman walking out of a shop and follows her into the parking lot. The officer doesn’t observe the woman
doing anything against the law, but when she gets to her vehicle, the officer demands the woman show him the contents of her purse
and let him search her car. Is this a violation of her Fourth Amendment rights? Why or why not?
No. He had no probable cause to search her property, nor a warrant allowing him to do it.
arising in the land or naval forces, or in the Militia, when in actual service in A Grand Jury
time of War or public danger; nor shall any person be subject for the same 2. Underline the phrase referring to
our protection against “double
offence to be twice put in jeopardy of life or limb; nor shall be compelled in jeopardy”, or being charged twice
for the same crime.
any criminal case to be a witness against himself, nor be deprived of life,
3. Self-incrimination means to admit
to something that will get you into
liberty, or property, without due process of law; nor shall private property be trouble. To “plead the fifth” in a court
or criminal proceeding means to
taken for public use, without just compensation.” refuse to answer a question that will
incriminate you. Circle the line in the
text that refers to this protection.
o n s ider 4. According to the law of eminent domain, the government can seize your property and repurpose it for
c public use – for instance, if they need to bulldoze a house to make room for a highway. According to the Fifth
Amendment, however, if the government does this, what is it your constitutional right to receive?
Just compensation
5. Due process is when a person accused of a crime is given rights, treated fairly according to written laws, and allowed a trial to
determine their guilt or innocence. What would happen to our criminal justice system if this protection was taken away?
Answers will vary. Examples: People could be held in jail without trial indefinitely; they could be denied
lawyers and trials, denied their life, liberty, or property arbitrarily rather than by set laws, etc.
6. In Miranda v. Arizona, Ernesto Miranda, convicted of the kidnapping and assault of a young woman, sued the state of Arizona for not
informing him of his Constitutional rights prior to his arrest. Miranda wasn’t told he had a right to an attorney while being questioned
by the police, nor that he had the right to remain silent. During the interrogation, he ended up confessing to his crimes. The Supreme
Court sided with Miranda, and now everyone is read their “Miranda Rights” upon arrest. During that police interrogation, which of
Miranda’s Fifth Amendment rights were violated? How so?
His right to due process (not told he could have counsel) and his right against self-incrimination were
both violated during his arrest and police interrogation.
© 2020 Happy Teacher Resources
Key t he
Name: Class:
2. What type of jury does the committed, which district shall have been previously ascertained by law, and to be
accused have a right to?
An impartial jury 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
3. Where will the trial take place?
In the district where the favor, and to have the Assistance of Counsel for his defense.”
crime was committed
4. When accused of a crime, what does a person have a right to be informed of?
They have a right to be informed of the nature and cause of the accusation.
5. Habeas Corpus, or “bring the body”, means when you’re arrested, you cannot be thrown into a cell without being told why. People
accused of crimes have a constitutional right to be brought in front of a judge who explains the accusations against them. According to the
Sixth Amendment, they then have a right to gather witnesses that will testify in their favor, and to have access to Counsel (a lawyer) to
help them argue their case. Why is it important to give people accused of crimes this due process of law?
Answers will vary. Example: people have a right to defend themselves against accusations, and it’s
dangerous to allow the government to lock people up without needing to give a reason or a fair trial.
Answers will vary. Example: The Ninth Amendment clearly states that the rights listed in the Constitution
are not the ONLY rights reserved by the people, clearing up this potential ambiguity.
An s w et
Key Answer the following questions in complete sentences.
1. Which Amendments address the rights of people accused of crimes? Identify
each Amendment and summarize how it applies to the accused.
Fourth Amendment: no unlawful search & seizure without probable cause
Sixth Amendment: Speedy & public trial with with witnesses & counsel
government not quartering soldiers in your home; Fourth Amendment search &
the Constitution.
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