ws lesson 10 (intro, 1 and 2)

• The creation of the Constitution was seen as a "miracle."
• By 1788, another miracle was needed to get it adopted.
• Adoption depended on approval by 9 of the 13 states.
• Ratification started well, but opposition was strong in Massachusetts.
• Opponents wanted rights for the people included in the Constitution.
• Supporters looked to John Hancock, governor of Massachusetts, for support.
• Hancock was waiting to join the winning side.
• Federalists used Hancock's vanity to convince him to attend the convention.
• Hancock urged delegates to approve the Constitution, promising a bill of rights would be added.
• Massachusetts ratified the Constitution.
• The strategy of "Ratify now, amend later" worked in other states.
• By the end of 1788, the Constitution became the law.

Creating the Bill of Rights

• John Hancock never became president.
• George Washington became the first president in 1789.
• John Adams became the vice president.
• James Madison remembered the promise to amend the Constitution.
• Originally opposed to a bill of rights, Thomas Jefferson convinced Madison it was necessary.
• Jefferson argued that a bill of rights is what the people are entitled to against every government on Earth.
• Madison sifted through nearly 100 proposed amendments.
• He chose the least controversial amendments to present to Congress on June 8, 1789.
• Critics called Madison's proposals meaningless.
• Months of debate ensued, but Madison persevered.
• Congress approved 12 amendments.
• Three-quarters of the states must ratify an amendment to become law.
• The states rejected the first two amendments, dealing with congressional districts and pay raises.
• By 1791, the required number of states approved the other ten amendments, forming the Bill of Rights.
• Some saw the Bill of Rights as useless, but it has proven strong for over 200 years.

First Amendment Rights

• James Madison combined five basic freedoms into the First Amendment.
• These freedoms include:
  • Religion
  • Speech
  • The press
  • Assembly
  • The right to petition the government
• These are considered the most important part of the Bill of Rights.

Protecting First Amendment Rights

• Individuals can challenge government actions in court if they violate their rights.
• Cases can reach the Supreme Court, where justices interpret the Constitution.
• Justices vote on the case after hearing both sides.
• The majority side writes a majority opinion explaining their reasoning.
• Dissenting justices can write minority opinions explaining their reasoning.

The Right to Worship Freely

• The First Amendment guarantees religious freedom in two ways.
  • Congress cannot establish an official religion.
  • Congress cannot favor one religion over another.
• Thomas Jefferson described this as "a wall of separation between church and state."
• The height of this wall was debated by the founders.
• In Lemon v. Kurtzman (1971), the Supreme Court sided with Madison's view of separation.
• The Court ruled against a Pennsylvania law using public money for religious schools.
• The First Amendment also protects the "free exercise" of religion.
• People can hold any religious beliefs without punishment.
• However, actions based on religious beliefs are not unlimited.
• The Supreme Court has ruled against denying children medical treatment due to religious beliefs.

The Right to Free Speech and Press

• The First Amendment protects freedom of speech and freedom of the press.
• The Supreme Court often treats these rights together as the right of free expression.
• Freedom of the press acts as a watchdog on the government.
• It allows for the free flow of ideas, which is necessary for an informed public.
• Without a free press, democratic self-government is impossible.
• In 1735, John Peter Zenger was arrested for printing reports that the governor of New York had taken bribes.
• Zenger's lawyer argued that one should not be jailed for "exposing and opposing arbitrary power by speaking and writing truth.”
• The jury agreed, and Zenger was freed, setting a precedent for freedom of the press.
• Freedom of the press brings responsibilities like avoiding false accusations and protecting wartime secrets helpful to an enemy.
• Freedom of speech brings responsibilities as well.
• The right to speak freely in public places is not unlimited.
• The Supreme Court has allowed limits on speech that endangers public safety.
• Speech includes symbolic speech, or actions people take to express their opinions.
• In Texas v. Johnson (1989), the Supreme Court overturned the conviction of a man who burned an American flag.
• The Court held that no form of expression can be banned just because it is offensive.

The Right to Assemble and Petition

• The First Amendment protects the right to assemble and to petition the government.
• The right to assembly allows individuals to use public property for meetings and demonstrations.
• Parades, protest marches, and political rallies are all forms of peaceful assembly.
• The First Amendment does not allow people to close streets or buildings or to protest violently.
• Police can arrest a speaker who urges listeners to riot or break the law.
• In Gregory v. Chicago (1969), comedian Dick Gregory led a protest march to the mayor's home.
• When residents began throwing eggs and shouting insults, police asked the marchers to leave.
• The marchers were arrested, but the Supreme Court agreed that the marchers had assembled peacefully.

Explore the challenging path to ratifying the U.S. Constitution, highlighting key debates and compromises. Learn how the promise of a Bill of Rights secured its adoption. Discover the pivotal roles of John Hancock, George Washington and James Madison.