La charte des droits (document en anglais)

1-THE BILL OF RIGHTS – HISTORY

13 colonies became states. Debated on the doctrine of the Constitution. Some thought that a Federal was better protecting itself against foreign powers. (England).

The Bill of Rights: the collective name for the first ten amendments to the United States Constitution. 

1789: bill of rights written.

1789: after Constitution ratified, 12 amendments were proposed

The people who said strong federal government ‘Madison’ ‘Washington’  federalist founding fathers. We need a strong government. Check and balances – each branch have the same weigh.

The people: keep a certain doze of sovereignty: anti federalist

Washington/ Hamilton/ Madison and Adams advocated a strong central government

Franklin defended the cause of a liberal government

1781: ratified

 formed the bill of rights.

Declaration of rights and grievances

Congress could not write laws. ‘Due process of law’

After bill of rights was passed 26 amendments the last one 1971

The text changes but the text itself historical written can be interpreted from different ways

The first big change was after the Civil war. 1861 1865.

Slavery and between north and south

1865 slavery was over

1868 4 and 5 amendment

FIRST AMENDMENT:

‘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’

Freedom of speech, press, religion, etc…

SECOND AMENDMENT:

‘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’. Around the frontier in the US. Enemies: Indians + the Spanish + the French.

Right for the people to keep and bear arms

THIRD AMENDMENT:

‘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’

Protection from quartering troops

FOURTH AMENDMENT:

‘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’

Protection from unreasonable search and seizure

FIFTH AMENDMENT:

‘No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment

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