Isabella Carter
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. The amendments were proposed by James Madison, then a member of the U.S. House of Representatives, to address the objections raised by Anti-Federalists who wanted power to remain with state and local governments. The Bill of Rights was proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. It includes guarantees of personal freedoms, such as freedom of speech, freedom of religion, and freedom of the press, as well as limitations on the government's power.
| Characteristics | Values |
|---|---|
| Number of Amendments | 10 |
| First Proposed | 25 September 1789 |
| Ratified | 15 December 1791 |
| Author | James Madison |
| Purpose | To limit government power and protect individual liberties |
| Powers of the Federal Government | Only those delegated in the Constitution |
| Rights | Freedom of speech, freedom of religion, freedom of the press, freedom of assembly, right to bear arms, right to due process, right to a trial by jury, right to be free from unreasonable government intrusion, right to vote, right against self-incrimination |
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What You'll Learn
The first ten amendments
The First Amendment provides several rights protections, including freedom of speech, freedom of the press, freedom of religion, and the right to assemble. It also prevents the government from creating or favoring a religion. The Second Amendment states that the right of the people to keep and bear arms shall not be infringed. The Third Amendment states that no soldier shall be quartered in a house in peacetime without the owner's consent or in wartime without consent and law.
The Fourth Amendment protects citizens' right to be free from unreasonable government intrusion in their homes and requires a warrant for searches and seizures. The Fifth Amendment provides several protections for people accused of crimes, including the right against self-incrimination, protection from double jeopardy, and the right to just compensation for property. It also states that serious criminal charges must be started by a grand jury and that no one can be imprisoned without due process of law.
The Sixth Amendment provides additional protections for those accused of crimes, including the right to a speedy and public trial, an impartial jury, and the right to be informed of criminal charges. It also guarantees the right to confront witnesses and to have one's own witnesses and a lawyer. The Seventh Amendment extends the right to a jury trial in Federal civil cases, while the Eighth Amendment bars excessive bail and fines and cruel and unusual punishment.
The Ninth Amendment states that the listing of specific rights in the Constitution does not deny other rights retained by the people. Finally, the Tenth Amendment states that the Federal Government only has the powers delegated to it by the Constitution, and all other powers are reserved to the states or the people.
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Freedom of speech
The First Amendment to the US Constitution, part of the Bill of Rights, protects freedom of speech. It states that "Congress shall make no law...abridging freedom of speech".
The First Amendment was ratified on December 15, 1791, and is the most well-known amendment for its protection of freedom of speech, religion, the press, and the right to assemble and petition the government. The right to assemble and petition has been interpreted as an expansion of the core freedom of expression, extending freedom of speech to groups rather than just individuals. The freedom to exercise religion is also protected by the First Amendment, which states that Congress can neither establish a religion nor prohibit its free exercise.
The US Supreme Court has struggled to determine what constitutes protected speech. The First Amendment has been interpreted to mean that no branch of federal, state, or local government can infringe upon American speech. However, private organisations such as businesses, colleges, and religious groups are not bound by this obligation. The First Amendment also does not apply to commercial advertising, defamation, obscenity, or interpersonal threats.
Examples of speech that the Supreme Court has decided are protected under the First Amendment include the right not to salute the flag, the right of students to wear black armbands to school to protest a war, and the right to use certain offensive words and phrases to convey political messages. The First Amendment has also been interpreted to protect symbolic speech, such as burning the flag in protest, and the right of students to print articles in a school newspaper over the objections of the school administration.
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Right to bear arms
The Second Amendment to the U.S. Constitution is the "right to bear arms." Enacted in 1789, it states: "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."
The Second Amendment is one of the most contentious topics in the United States. It has been the subject of intense debate, with some arguing that it provides an absolute right to own weapons, while others contend that it only applies to those involved with a state militia. The amendment's single sentence allows for considerable interpretation, and the Supreme Court has issued very few groundbreaking opinions on the matter until 2008.
The Founding Fathers included the Second Amendment to prevent the need for a professional standing army and to ensure citizens could protect themselves against the government or any other threat to their freedom and wellbeing. It grants citizens the ability to defend themselves and their property. In the Court's opinion, the Second Amendment extends to "all instruments that constitute bearable arms," even those that did not exist when the country was founded.
The Supreme Court affirmed in 2008 that the Second Amendment guarantees individuals the right to keep and bear arms for lawful uses, such as self-defense within the home. This decision was a breakthrough, as it meant that the Founding Fathers' intention to grant that individual right could not be misinterpreted by those seeking to pass unconstitutional gun control legislation. The Court also clarified that the right to "'keep arms' is unrelated to militia service," meaning it applies to everyone and not just militia members.
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Due process
The Bill of Rights, comprising the first ten amendments to the US Constitution, was added to address the lack of limits on government power in the original Constitution. James Madison wrote these amendments to limit government power and protect individual liberties.
The Fifth Amendment provides several protections for people accused of crimes, including the right against self-incrimination and the right not to be imprisoned without due process of law (fair procedures and trials). The text of the Fifth Amendment Due Process Clause is as follows:
> No person shall ... be deprived of life, liberty, or property, without due process of law.
The Fourteenth Amendment's Due Process Clause has been interpreted by the Supreme Court to impose on the states many of the Bill of Rights' limitations. This is known as the doctrine of incorporation against the states through the Due Process Clause. The Due Process Clause of the Fourteenth Amendment guarantees procedural due process, meaning that government actors must follow certain procedures before depriving a person of life, liberty, or property. The Fourteenth Amendment's Due Process Clause also guarantees substantive due process, which refers to certain fundamental rights that the government may not infringe upon even if it provides procedural protections.
The Supreme Court has held that the Fifth Amendment's Due Process Clause means substantially the same as the Fourteenth Amendment's Due Process Clause. The Due Process Clause of the Fourteenth Amendment has been interpreted to guarantee an array of constitutional rights, including procedural protections, individual rights listed in the Bill of Rights, and fundamental rights not specifically enumerated elsewhere in the Constitution.
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Individual liberties
The Bill of Rights was added to the US Constitution to address the lack of limits on government power and to safeguard individual liberty. James Madison, then a member of the US House of Representatives, drafted the amendments, which were approved by Congress on September 25, 1789. The first ten amendments to the Constitution, proposed by Madison, make up the Bill of Rights. These amendments were ratified on December 15, 1791, and form what is known as the Bill of Rights.
The Bill of Rights includes specific guarantees of individual liberties and personal freedoms, such as freedom of speech, the right to publish, practice and exercise religion, possess firearms, and assemble. The First Amendment also covers the right to speak and worship freely, and prohibits Congress from making laws establishing a religion or abridging freedom of speech. The Fourth Amendment protects citizens' right to privacy and freedom from unreasonable government intrusion into their homes by requiring a warrant.
The Fifth Amendment provides several protections for people accused of crimes, including the right against self-incrimination and the right to due process of law. It also states that a person cannot be tried twice for the same offence (double jeopardy) and cannot have property taken away without just compensation. The Sixth Amendment provides additional protections for the accused, such as the right to a speedy and public trial, trial by an impartial jury, and the right to counsel. The Eighth Amendment prohibits excessive bail and fines and cruel and unusual punishment.
The Ninth Amendment states that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people. Similarly, the Tenth Amendment affirms that powers not delegated to the United States by the Constitution are reserved for the states or the people. These amendments reinforce the concept that individuals possess natural rights that extend beyond those explicitly enumerated in the Constitution.
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Frequently asked questions
The Bill of Rights is a founding document written by James Madison, comprising the first ten amendments to the US Constitution.
The Bill of Rights was added to the Constitution because the Constitution lacked limits on government power. Federalists advocated for a strong national government, while Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty.
The Bill of Rights includes specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble. It also includes protections for people accused of crimes, such as the right to a speedy and public trial, protection against double jeopardy, and the right to an attorney.
The Constitution has had numerous amendments. The first ten amendments, comprising the Bill of Rights, were ratified in 1791. The 27th Amendment was ratified in 1992, and there have been various other amendments throughout the 20th and 21st centuries.
The process for amending the Constitution is outlined in Article V. It requires a proposal by Congress, which must be approved by a two-thirds majority in both the House of Representatives and the Senate, followed by ratification by three-fourths of the state legislatures or state ratifying conventions.
