MPB Classics
The Bill of Rights: An Overview
9/2/2021 | 14m 46sVideo has Closed Captions
What does the Bill of Rights do and why was it written in the first place?
The Bill of Rights was put place to grant specific protections and freedoms to all Americans, even if “all Americans” might hold beliefs others may disagree with.
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MPB Classics is a local public television program presented by mpb
MPB Classics
The Bill of Rights: An Overview
9/2/2021 | 14m 46sVideo has Closed Captions
The Bill of Rights was put place to grant specific protections and freedoms to all Americans, even if “all Americans” might hold beliefs others may disagree with.
Problems playing video? | Closed Captioning Feedback
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Learn Moreabout PBS online sponsorship(upbeat trumpet music and school bell ringing) (school bell ringing) ♪ Yo, I've got self-determination ♪ ♪ That's the heart and the soul of this nation ♪ ♪ Each American's got the right to be ♪ ♪ Though we live together, we all live free ♪ ♪ You got that right ♪ ♪ You got that right ♪ ♪ You got that right ♪ ♪ You got that right ♪ (school bell ringing) - Quiet down.
Quiet down please.
We're going to start looking at the Bill of Rights today which is a subject that affects all of your lives every day, so listen up.
We're gonna start with a short program on the Bill of Rights and then we'll have a discussion.
Yes John David, what's up?
- Yeah, I have a question about the Bill of Rights.
There's a right to free speech in there, right?
- Yeah, the First Amendment.
- Well, I don't understand how come we keep on hearing all this stuff about rappers getting arrested and art museums getting closed and all of that.
- That's a really good question and I think after we look at the program will be a good time.
Come on everybody, let's quiet down.
Be a good time for all of us to talk about.
Come on everybody, quiet down.
In fact, JD, since you shown such a strong interest in this subject, why don't you come on up here and sit so you won't miss anything.
(kids laughing) - That's okay, I can see just fine from here.
- Come on, John David, you took the lead when you asked an important question.
It's hard to lead from the back row, come on.
(children applauding and cheering) (children chatting and giggling) (button clicking on video machine) (upbeat trumpet music) - [Narrator] When the Founding Fathers gathered for the first Constitutional convention they had to address the problem of a weak and ineffective central government.
- Weren't the delegates in favor of including a Bill of Rights in the Constitution?
They must have seen the need for one since under British rule they didn't have any rights at all, especially with the writs of assistance and so forth.
- Not necessarily, James.
You see, a lot of the delegates felt that a Bill of Rights might actually limit their rights.
They didn't trust the idea - Constitution is just some piece of paper written - of writing down a list of rights because - by a bunch of old guys wearing weird looking hats - they didn't want the government to get the idea - And women's shoes.
- That those are the only rights that needed protection.
- It doesn't seem like there's much to understand here.
- You have to understand these were some very - And any other country, Bill of Rights or not.
- Independent people.
Excuse me.
- Huh?
- You wanna pay attention?
- You talking to me?
- Yes, I'm talking to you.
(glitching in video) I'm talking to all of you.
And whether you know it or not, or whether you care about it or not, you are protected by one of the most durable, far-reaching and important documents ever written, the United States Constitution and its Bill of Rights.
(relaxing upbeat guitar music) (relaxing humming to music) - [Narrator] Amendment 14, United States Constitution adopted, 1868, Section 1, Definition of Citizenship.
"All persons born or naturalized in the United States "and subject to the jurisdiction thereof, "are citizens of the United States "and of the state wherein they reside.
"No state shall make or enforce any law "which shall abridge the privileges or immunities "of citizens of the United States, "nor shall any state deprive any person of life, "liberty, or property without due process of law: "nor deny to any person "within its jurisdiction the equal protection of the laws."
- In a sense, the greatness of the Constitution can be found in the fact that ever since it was written the people of this country have had to struggle mightily to live up to its principles.
For example, the first words of the preamble to the Constitution which was adopted in 1788 are "We the People."
But at the time it would have been more accurate had it said we the white men, since they were the only ones allowed to hold elective office, to vote or to own property.
It took another 77 years and a Civil War in which 600,000 Americans died before the abolition of slavery was written into the Constitution in the form of the 13th Amendment.
And it took another three years after that before the 14th Amendment, which extended the right of due process and equal protection of the laws to all Americans was ratified.
Despite all that progress, it wasn't until 1920, 52 years later that women of any color were allowed to vote.
Finally, in 1971, the voting age was lowered to 18.
- Amendment number one.
- Adopted 1970, 1791.
- Congress shall not, yo, Congress shall make... - Congress shall make no law establishing.
- Congress shall make no law, oh-oh, no, not right, wait.
- Respecting any style, race or religion.
- Or prohibiting the free exercise thereof.
- Or abridging the freedom of speech.
- Of the press.
- Or the right of the people to peaceably assemble.
- And petition the government for a redress of grievances.
(upbeat drum music) - That was right?
- The men who wrote the Constitution and the Bill of Rights saw an urgent need to establish a system of government that they could depend on to guide this new and fragile country into the future.
They stretched their minds into the future trying to anticipate problems that their children might encounter, and they wrote a Constitution which they hoped would last through changing times.
They succeeded beyond their wildest dreams.
I wonder if the Founding Fathers ever thought that the first amendment right to free speech would be claimed by a group as diverse as this?
- White racist society.
- Breeding faster than you can... - I think it's a moral consideration.
(audience laughing) - Of speech.
- I doubt it, but that doesn't make their claims invalid.
See, the Bill of Rights wasn't written to protect citizens whose opinions were easy to like.
As former Supreme Court Justice, Harlan F. Stone said, - [Harlan Voiceover] I suppose there are limits beyond which personally offensive free speech cannot be pressed, but there would not be much necessity for free speech protection if it extended only to those things we would like to hear.
- You are given a wide variety of choices of how to conduct your daily life.
The First Amendment alone protects your right to choose and practice your own religion, or no religion.
It protects your right to express your opinion and to advocate your beliefs, publicly, even if those beliefs are unpopular.
It protects the right of the press to report the truth without fear of censorship.
And it protects the rights of all citizens to assemble peacefully and to criticize the government without fear of recrimination.
- [Narrator] Amendment Five, adopted 1791.
"No person shall be held to answer for a capital "or otherwise infamous crime, "unless on a presentment or indictment of a grand jury, "nor shall any person be subject for the same offense "to be twice put in jeopardy of life and 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."
(scraping) - You guys have heard of the Fifth Amendment, right?
- Uh-huh.
- Yeah.
- I refuse to answer that on the grounds I might incriminate myself.
- That's right, now that's an easy one.
You see it on the TV shows all the time but what does it mean?
- It means that if you're in court for a trial, you don't have to testify against yourself as a witness.
- And if the police arrest you for something, you don't have to answer their questions if they're trying to get you to admit that you did it.
- Yes, one of the reasons our Constitution protects that right is because in England, back before the American Revolution, it was perfectly legal for people to be arrested and brought before a judge without ever knowing what crime they were accused of.
And if they refused to answer any questions it was assumed that they were guilty.
What about the Fourth Amendment?
- That's one about search and seizure, right?
- Oh, here it is.
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 be issued but upon probable cause.
- [Group] Supported by oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.
- Hold it, don't all these rights make it difficult for the police to do their job?
I mean, there's a lot of bad stuff that goes on out there.
It seems like if you can get a good lawyer you can get away with it.
If the guys that wrote the Bill of Rights were so smart, how come they didn't think that?
- Yeah, I mean, they didn't have the same problems that we have today.
George Washington never heard of crack cocaine or junk bonds.
- True, yeah.
- That's a point.
- Maybe the Bill of Rights should be changed.
- Maybe.
- Well, it wouldn't be the first time that people felt that an amendment to the Constitution needed changing.
But let me tell you something, the guys that wrote these words were fed up.
They did not wanna live another day under laws that could be changed at the whim of leaders that felt like changing them.
They wanted their rights guaranteed in writing.
- So they established a nation of laws and not men.
- Yes.
- Yeah.
- They may not understand the problems that we have in this country today but they should understand being fed up and wanting to make changes.
- [Girl] Yeah, that's right.
- That's the great thing about the Constitution, it can take it.
The only thing you cannot take is neglect.
- Yeah, I figure if the Constitution had never been written it'd probably be a lot harder for the people who need it to get justice.
- Yes.
(group chuckling and chatting) - You know, you guys, I can only imagine what a confusing, scary place this country must seem like sometimes.
I mean, it's confusing to me and I'm supposed to be grown.
But it's very important for you to understand that as citizens you all have fundamental rights that are protected by the Constitution and the Bill of Rights.
And Americans throughout history have fought and struggled and insisted that those rights be available to all of us.
So it's important for you to know what your rights are so you can defend them, too.
(glitching in the video) (kids chatting) (Alfre laughing) (static on TV) (upbeat drum music) (funky trumpet music) ♪ Yo, I got self-determination ♪ ♪ That's the heart and the soul of this nation ♪ ♪ Each American's got the right to be ♪ ♪ Though we live together, we all live free ♪ ♪ You got that right ♪ ♪ You got that right ♪ ♪ You got that right ♪ ♪ You got that right ♪
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MPB Classics is a local public television program presented by mpb