Unit
The Bill of Rights and Due Process
Guiding question
Covers search and seizure, rights of the accused, due process of law, jury trials, and protection from cruel and unusual punishment guaranteed in the Fourth, Fifth, Sixth, and Eighth Amendments.
- 3 Lessons
- 12 Activities
Lessons
The Founders paid close attention to the rights of the accused because they realized that the government had the power both to prosecute and convict. Protections were needed to guard against the government's abuse of these powers. Understanding how the Fourth, Fifth, Sixth and Eighth Amendments operate to guarantee such protection and how they work to ensure both individual liberty and limit government is vital to maintaining free citizenship. This lesson explores these amendments and the protections they provide.
The Constitutional principle of due process, which holds that government must interact with citizens according to duly-enacted laws, balances the rights of suspects with public safety. This lesson explores the protections provided by the Fourth Amendment and how the Supreme Court has interpreted it over time.
The effects of incorporation have been far-reaching and the role of the federal government has been significantly transformed. The basic responsibility of the Federal government to protect fundamental rights has not changed. However, citizens and the courts are still working to determine exactly what those rights are and who should protect them. This lesson examines that question and the debate concerning "Who should protect our fundamental freedoms?".