HANOI NATIONAL UNIVERSITY OF EDUCATION FACULTY OF ENGLISH AMERICAN STUDIES Portfolio Supervisor: …………………… Student: ………………………. Class: ………………………. Hanoi 2015 I. Introduction 1. What is the Bill of Rights? 2. What is in the Bill of Rights? II. History of the Bill of Rights III. Importance of the Bill of Rights. IV. Conclusion I. Introduction American citizens enjoy many basic rights (freedoms and privileges). In the United States, you have the right to worship as you choose. You have the right to speak freely and to read the books you want to read. If you disagree with government polices, you have the right to protest against them. Why? Because in America, these important rights are protected by the Bill of Rights. 1. What is the Bill of Rights? The Bill of Rights is the name of the first ten amendments to the Constitution of the United States. They were introduced by James Madison to the First United States Congess in 1789 as a series of articles. The Constitution is the document that lays out the basic rules of American government. The states approved the Bill of Rights in 1791, four years after the Constitution was written. James Madison, the fourth president of the United States, was a strong supporter of the Bill of Rights. He read his proposed Bill of Rights in the First Congress. Today, many democratic nations around the world have the bill of rights that protect the basic freedoms and privileges of their citizens. 2. What is in the Bill of Rights? The Bill of Rights protects a wide range of rights. Many of these rights are designed to defend a citizen’s personal freedoms. These rights include freedom of speech, freedom of the press, freedom of religion, and freedom to protest against government policies. Other rights are designed to make sure that citizens who are accused of wrongdoing are treated fairly. These include the right to a trial by jury and the right to a lawyer’s help. THE FIRST 10 AMENDMENTS TO THE CONSTITUTION AS RATIFIED BY THE STATES ("The Bill of Rights") Amendment I 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. Amendment II 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. Amendment III 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. Amendment IV 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.
Trang 1HANOI NATIONAL UNIVERSITY OF EDUCATION
FACULTY OF ENGLISH
AMERICAN STUDIES
Portfolio
Supervisor: ………
Student: ……….
Class: ……….
Hanoi 2015
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Trang 2I. Introduction
1.What is the Bill of Rights?
2.What is in the Bill of Rights?
II. History of the Bill of Rights III. Importance of the Bill of Rights.
IV. Conclusion
Trang 4I Introduction
American citizens enjoy many basic rights (freedoms and privileges) In the
United States, you have the right to worship as you choose You have the right to speak freely and to read the books you want to read If you disagree with
government polices, you have the right to protest against them Why? Because in America, these important rights are protected by the Bill of Rights
1 What is the Bill of Rights?
The Bill of Rights is the name of the first ten amendments to the Constitution
of the United States They were introduced by James Madison to the First United States Congess in 1789 as a series of articles The Constitution is the document that lays out the basic rules of American government The states approved the Bill of Rights in 1791, four years after the Constitution was written
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James Madison, the fourth president of the United States, was a strong supporter
of the Bill of Rights He read his proposed Bill of Rights in the First Congress.
Today, many democratic nations around the world have the bill of rights that protect the basic freedoms and privileges of their citizens
2 What is in the Bill of Rights?
The Bill of Rights protects a wide range of rights Many of these rights are designed to defend a citizen’s personal freedoms These rights include freedom of speech, freedom of the press, freedom of religion, and freedom to protest against government policies
Other rights are designed to make sure that citizens who are accused of
wrongdoing are treated fairly These include the right to a trial by jury and the right
to a lawyer’s help
THE FIRST 10 AMENDMENTS TO THE CONSTITUTION AS RATIFIED
BY THE STATES ("The Bill of Rights") Amendment I
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
Amendment II
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Trang 6A 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
Amendment III
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
Amendment IV
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
Amendment V
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 be taken for public use, without just compensation
Amendment VI
Trang 7In 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 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 defence
Amendment VII
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 reexamined in any Court of the United States, than according to the rules of the common law
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
Amendment X
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
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Trang 8Provisions of the Bill of Rights
First Amendment: addresses the rights of freedom of religion (prohibiting Congress from establishing a religion and protecting the right to free
exercise of religion), freedom of speech, freedom of the press, freedom of assembly, and freedom of petition
Second Amendment: guarantees the right of individuals to possess firearms The most recent decision interpreting the Second Amendment is District of Columbia v Heller
Third Amendment: prohibits the government from using private homes as quarters for soldiers during peacetime without the consent of the owners
Fourth Amendment: guards against searches, arrests, and seizures of
property without a specific warrant or a "probable cause" to believe a crime has been committed Some rights to privacy have been inferred from this amendment and others by the Supreme Court
Fifth Amendment: forbids trial for a major crime except after indictment by
a grand jury; prohibits double jeopardy (repeated trials), except in certain very limited circumstances; forbids punishment without due process of law
Sixth Amendment: guarantees a speedy public trial for criminal offenses It requires trial by a jury, guarantees the right to legal counsel for the accused, and guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused
Seventh Amendment: assures trial by jury in civil cases
Trang 9 Eighth Amendment: forbids excessive bail or fines, and cruel and unusual punishment
Ninth Amendment: declares that the listing of individual rights in the
Constitution and Bill of Rights is not meant to be comprehensive; and that the other rights not specifically mentioned are retained by the people
Tenth Amendment: reserves to the states respectively, or to the people, any powers the Constitution did not delegate to the United States, nor prohibit the states from exercising
With the Tenth Amendments, Madison placed the state governments in
a position of defending people's rights as well by stating that those rights not delegated to the national government nor prohibited to the states remained with the states and people He also hoped to use the states as an important line of defense against a too-powerful national government
II History of the Bill of Rights
In 1783, after the American Revolution, the 13 American colonies won their independence from Great Britain For years, the colonists had complained bitterly that Great Britain ignored their rights as English citizens These rights were part of British law for centuries
With independence, the colonies became states in a brand-new nation, the United States of America Now, the states would write their own laws to determine the rights of citizens
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Trang 10In 1787, many state leaders called for a new plan that would create a stronger national government Representatives from the 13 states met in Philadelphia, Pennsylvania, and hotly debated each point of the proposed plan Many delegates feared a stronger government would threaten the rights of American citizens
Scene at the Signing of the Constitution of the United States Amendments in
Philadelphia, Pennsylvania
After much debate, the convention agreed on a new plan of government They wrote their plan down in the document known as the United States Constitution But many states still opposed the Constitution Finally, the Constitution was
approved after winning the support of 9 out of 13 states
Why was there so much argument and debate? The Constitution protected few individual rights Many Americans demanded these protections from the new
Trang 11national government The U.S Congress responded to these concerns and wrote a Bill of Rights, and the states approved them in 1791 The Bill of Rights became the first 10 amendments to the U.S Constitution
III Importance of the Bill of Rights
Why is the Bill of Rights important today?
The Bill of Rights was a pretty controversial idea when it was proposed in
1789, because a majority of the founding fathers had already entertained and
rejected the idea of including a Bill of Rights in the original 1787 Constitution For most people living today, this decision might seem a little strange Why would it
be controversial to protect free speech, or the freedom from warrantless searches,
or the freedom from cruel and unusual punishment? Why weren't these protections included in the 1787 Constitution to begin with? Why did they have to be added later as amendments?
The Bill of Rights plays a central role in the protection of civil liberties and civil rights When enacted, the ten amendments applied only to the actions of the federal government In a long series of decisions, however, the U.S Supreme Court has ruled that almost all the provisions in the Bill of Rights also apply to the states Therefore, the Bill of Rights safeguards the basic rights of individuals from encroachment by all levels of government
The Bill of Rights also plays a key role in American law and government, and remains a vital symbol of the freedoms and culture of the nation
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Trang 12IV Conclusion
The Bill of Rights is more than words on paper They are rights that are enforced by courts in the United States During the 20th century, the courts
gradually expanded the rights of American citizens The Bill of Rights is one of the most important and meaningful documents for the United States
The Bill of Rights is the same Decralation of Independence of Vietnam (1945) about the rights of people Ho Chi Minh based on the Bill of Rights to draft Declaration of Independence to accuse and expose crime of French colonists over the world These Declaration of Independence became important historic document to Vietnam The first sentence of Declaration of Independence was quoted from American Declaration In a broader sense, this means: All the
peoples on the earth are equal from birth, all the peoples have a right to live, to be happy and free
However, the Bill of Rights sets legal limits on the power of government
to prevent public officials from denying liberties and rights to individuals, which they possess on the basis of their humanity
The absence of the Bill of Rights was the most compelling criticism by opponents of the Constitution Therefore , the Bill of Rights only protected
citizens from the national government’s power Today, the Bill of Rights protects citizens from state governments, too Neither the U.S Congress nor state
legislatures may pass laws that overrule the Bill of Rights
Trang 13References
1 http://www.archives.gov/press/press-releases/2007/nr07-33.html
2 http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
3 http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/
billofrightsintro.html
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