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the making of the constitution involved
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many compromises considering the vast
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differences in culture religion and
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businesses it's understandable that not
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everyone in the 13 original states was
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completely happy with the finished
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product the balancing act became making
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enough states satisfied with the
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constitution in order to ratify the
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document and one of these major
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compromises was on adding a bill of
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rights to the constitution as you may
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know the federalists were confident the
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new federal government would not take
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away the rights of the people because
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you know separation of powers checks and
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balances and the fact that there is
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nothing in the constitution that states
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the government can take rights from the
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people you're worrying about nothing now
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the anti-federalists weren't so sure
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this was enough they wanted guaranteed
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rights or states like massachusetts
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maryland south carolina new hampshire
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would not ratify the document on the
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other hand delaware did not care about
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guaranteed rights they ratified the
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document immediately once they pinky
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promised the constitution was ratified
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and everyone was happy except they
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weren't done they had to add guaranteed
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rights for all in a bill of rights and
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before we go any further i want to thank
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pete goldman and pamela benham for
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suggesting this video on the bill of
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rights if you have any suggestions for a
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civics review video leave me a comment
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below
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okie dokie let's get to the bill of
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rights which are the first 10 changes to
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the constitution and we're gonna start
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with amendment one the first amendment
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guarantees five rights which almost
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certainly appear on your end of course
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test off the top of your head you could
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probably list some or all of them go
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ahead and try right now
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[Music]
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[Applause]
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[Music]
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did you get them in order to ensure we
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remember them all we use the acronym
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wraps and that's r-a-p-p-s
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acronyms are super helpful for
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remembering what these letters stand for
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observe the acronym nasa stands for
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national astronauts space i
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that
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it didn't work
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not even close
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i've tried every available combination
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of letters to spell something cooler
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than raps but it doesn't exist
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prasp
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see it doesn't work anyways
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r-a-p-p-s stands for religion assembly
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petition press and speech now when we
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say religion we're talking about two
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things the government will not establish
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any religion meaning you can't have a
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religion forced upon you by law and
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secondly you are free to have any
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religion or no religion assembly refers
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to our right to gather in groups usually
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to protest and sometimes we assemble
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together in a flash mob
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because we just want to dance
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petition gives us the right to appeal or
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complain to the government press refers
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to media of any form newspapers news
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channels social media and it gives us
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the right to report on stories and news
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that's happening and of course we have
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the freedom of speech meaning we have
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the right to our opinions and to express
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ourselves whether people agree with us
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or not disclaimer these rights and
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freedoms are not unlimited an excellent
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rule of thumb is if you're breaking a
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law if you're doing something that will
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endanger others you may not have the
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right to do these things
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so let's take a closer look at
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limitations to our rights by going over
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the freedom to assemble which is found
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in the first amendment this guarantees
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our right to assemble in groups in a
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public place when thinking about
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somewhere private like say your room it
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is no longer acceptable to say i have
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the right to assemble with my friends
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inside of your home this is trespassing
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and trespassing is a crime for a full
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explanation of why you have limitations
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to your constitutional rights you can
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click here and check this video out now
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in 1791 as they are writing the bill of
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rights the revolutionary war is fresh in
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the back of everyone's brain and under
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british rule the colonists lost many
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rights and wanted to make sure that
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they'd never lose them again so after
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the american dance dance revolution
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which by the way we won with our mad
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skills it was time to make sure a
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government would never attempt to take
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away these rights from the people so the
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first few amendments in the bill of
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rights are responses to british rule in
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the past so the second amendment
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guarantees us the right to bear arms and
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this of course means to own a firearm or
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gun right i knew you knew what that
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meant and probably not the other thing
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that you might have been thinking of now
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this is a pretty big deal because the
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british try to take the colonists
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weapons away most notably in the raids
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at lexington and concord while this can
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be a contentious issue in today's time
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right do we have the right to own a gun
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or should we have the right to own some
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kind of firearm the supreme court has
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been pretty clear on its interpretation
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of the second amendment the people do
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have the right to bear arms the third
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amendment is the odd one out it reads no
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soldier shall and time of peace be
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quartered in any house without the
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consent of the owner to the modern
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citizen it is the most useless of the 10
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amendments in the bill of rights i mean
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really how often does a soldier come
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knocking on your door saying i need a
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place to stay please let me in this
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doesn't really happen but back in the
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time of the colonies where we were under
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british rule this was a law we had to
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allow soldiers into our house feed them
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and give them a place to stay the next
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couple of amendments are called the
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rights of the accused and those include
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amendments four five six and eight
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amendment four prohibits unreasonable
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search and seizures and you're gonna
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need to know this term for your test
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seizure of course referring to the
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action to seize which means to take or
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repossess and so basically the police
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cannot go through your stuff or your
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house unless they have a warrant to do
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so that is issued by a judge or if they
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have probable cause the fifth amendment
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has a lot of goodies for those accused
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of a crime and it's going to establish
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the due process of law so if you are
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being accused by someone for some kind
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of crime that might put you behind bars
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we are owed the fairness of law and
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that's known as due process this
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includes a number of things and first on
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the docket is the right to a grand jury
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in a federal crime meaning if someone's
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going to put you behind bars they better
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make sure that they're doing things the
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right way by having an impartial jury of
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your peers listen to your story and make
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sure you're really guilty of the crime
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another right of the accused given in
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the fifth amendment is what we call
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double jeopardy and this is the right to
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not be tried for the same crime twice
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this one's a little confusing but if a
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courtroom finds that you are innocent of
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a crime they can't come back and say
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we're going to have a second trial
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because we found more information we're
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going to try and make sure you're guilty
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this time they can't do it a third time
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and so on and so forth and this is
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confusing for students because they say
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okay great if i'm innocent of stealing
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now i can steal whatever i want because
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i have the right of double jeopardy well
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that's not quite how it works if you are
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found innocent of a crime on a
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particular date in a particular event
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then you cannot be tried for that same
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crime but if you steal something the
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next day well then you can be tried for
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that crime because it is a separate
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instance another right in the fifth
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amendment is your right to remain silent
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these are included in your miranda
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rights you have the right to not testify
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against yourself
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[Music]
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it's up to the prosecution who has the
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burden of proof to find evidence that
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proves you are guilty of the crime the
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final rite in amendment 5 is called
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eminent domain and this means if the
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government needs to take your property
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or your things then they must compensate
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you for it fairly so if the government
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needs to take your home or the land that
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your home is on then they need to give
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you more than 10 bucks for that land and
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home they have to give you a fair value
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and this might surprise a bunch of you
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you did not know that the government
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could take your stuff and give you money
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for it but they can especially if they
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need it for some kind of greater public
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good like building a road through a
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property you own or a bridge or some
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kind of infrastructure moving on we have
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amendment six which gives you a couple
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of things if you're accused of a crime
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and the first is a speedy and public
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trial remember if someone's accusing you
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of a crime you're innocent until proven
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guilty but if you are arrested on
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january of 2022 and your trial is set
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for december 2025 this is considered to
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be too long to defend your good name and
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while you're defending your good name
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you need to have a public trial meaning
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people can be there and see what's
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happening and know there's nothing
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corrupt going on like you paying off the
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judge or the prosecution not presenting
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any kind of evidence and still being
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called guilty for the crime you also
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have the right under the sixth amendment
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to an impartial jury and that's a word
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that we're gonna need to know impartial
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means fair and balanced not leaning
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towards any side now the jury is the
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group that's going to determine your
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innocence or guilt by listening to the
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facts and the story and it would be very
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unfair if the people that were judging
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you were your buddy or your classmate or
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your best friend on the other hand it
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would be equally unfair if the jury was
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full of people like your ex-boyfriend
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your angry neighbor or that one science
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teacher that just really did not like
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you what's up with science teachers
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anyways now it is your sixth amendment
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rights that allows you to know what are
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you accusing me of and who exactly is
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accusing me the people who are accusing
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you cannot be anonymous they must appear
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before you so you can see them and see
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their face and say aha it was you
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finally the sixth amendment gives us the
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right to legal defense even if we cannot
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afford a lawyer so if you're incredibly
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poor you are gonna be given an attorney
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with amazing anime hair and they're
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gonna defend you in a court of law and
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do a goofy dance after they win okay so
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the eighth amendment is the right to not
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be cruel and unusually punished now
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obviously all of the old forms of
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punishment that involve public
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humiliation fall into cruel and unusual
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punishment but it includes other things
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like excessive fines and excessive bail
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any form of torture violates the eighth
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amendment because that is incredibly
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cruel and of course the punishment must
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fit the crime if you steal fruit stripe
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gum which i don't even know why you
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would bother with you're not gonna get
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30 years in prison for that crime that
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would be excessive and cruel and unusual
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and now we're gonna go back a ways to
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the seventh amendment which does not
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really fall under the rights of the
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accused you see we're not talking about
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criminal law where you're stealing
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something or you could be guilty and go
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to jail we're talking about civil law
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which is just generally disagreements
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between people like when the tattoo
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parlor messes up your tattoo this is not
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a crime but you might want to sue them
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over this disagreement so the seventh
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amendment guarantees a trial by jury in
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a civil lawsuit so that you and the
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tattoo parlor can go to court and have a
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jury of your peers listen to your
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horrific tale now the ninth amendment
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seems tricky but it's not it reads the
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enumeration in the constitution of
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certain rights shall not be construed to
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deny or disparage others retained by the
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people confusing but essentially it
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means just because some rights are
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written down does not mean other rights
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that aren't written down can be denied
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for instance there's nothing in the bill
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of rights that says you have the right
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to wear tall socks or do bad cosplay but
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just because it's not written down
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doesn't mean that these rights can be
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denied unless congress writes a new law
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that specifically states you cannot do
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something we should assume we have the
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rights to do things even though they're
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not specifically listed in the bill of
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rights the tenth and final amendment in
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the bill of rights states the powers not
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delegated to the united states by the
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constitution nor prohibited by it to the
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states are reserved to the states
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respectively or to the people basically
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meaning if it's not in the u.s
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constitution that the federal government
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should be doing this thing then it's
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saved for the states they can handle it
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however they want things like education
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are left up to the states the federal
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government makes no mention of education
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within the constitution they say hey man
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we're going to leave that to you florida
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it's up to you same thing goes for the
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driver's license that's why every state
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has a different driving age or different
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requirements for operating a motor
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vehicle it's because the federal
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government does not want to do this and
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so they leave it up to the states that's
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the 10th amendment when we can tell the
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government we have the right to privacy
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you cannot search and seize my home
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without a warrant then it reduces the
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power of the government and it gives
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power to the people same thing with
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getting a lawyer or having a speedy
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trial or putting the government on the
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clock and telling them hey you don't
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have unlimited power we have rights and
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that's a very cool thing okay that's it
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for now thanks so much for sticking to
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the end of my video i hope you enjoyed
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it i hope you learned something we'll
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make more videos soon
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[Music]
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you
