Eleanor Finch
The United States Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments, ratified on December 15, 1791, are known as the Bill of Rights, which was written by James Madison. The Bill of Rights was influenced by the Virginia Declaration of Rights, the Magna Carta, and the English Bill of Rights, among other documents. The amendments in the Bill of Rights include protections for freedom of speech, freedom of religion, the right to keep and bear arms, and due process of law. For example, the Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury and against self-incrimination.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| First Amendment | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances |
| Second Amendment | 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 |
| Third Amendment | No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law |
| Fourth Amendment | 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 without probable cause |
| Fifth Amendment | 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 or 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; nor shall private property be taken for public use, without just compensation |
| Sixth Amendment | Provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges; witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer |
| Seventh Amendment | In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be re-examined in any United States court |
| Eighth Amendment | Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted |
| Ninth Amendment | The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people |
| Tenth Amendment | The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people |
| Fourteenth Amendment | 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 |
| Fourteenth Amendment | No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof |
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What You'll Learn
Freedom of speech and freedom of the press
The First Amendment's protection of free speech and press freedoms is not absolute, however. While it prevents Congress from enacting laws that restrict these freedoms, it does not prohibit private entities or individuals from imposing certain limitations. Additionally, the Supreme Court has ruled that the protection of speech is not unlimited, and there are certain categories of speech that are not protected, such as false testimony under oath.
The Free Press Clause, as interpreted by the Supreme Court, safeguards the publication of information and opinions across various media formats. This clause has been invoked in landmark cases such as Near v. Minnesota (1931) and New York Times Co. v. United States (1971), where the Court affirmed that the First Amendment safeguards against pre-publication censorship. The amendment also implicitly protects freedom of association, as ruled by the Court.
The First Amendment's guarantee of freedom of speech and the press are essential for a democratic society, fostering open dialogue, diverse viewpoints, and a well-informed citizenry. These rights enable individuals to express themselves without fear of government retribution and hold those in power accountable. Throughout American history, these freedoms have been central to social movements, political debates, and the ongoing pursuit of liberty and justice.
The Founding Fathers and the First Amendment
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Right to keep and bear arms
The Second Amendment to the United States Constitution, which was passed by Congress on September 25, 1789, and ratified on December 15, 1791, protects the right of Americans to keep and bear arms. The amendment 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 has been the subject of considerable debate and has been interpreted in various ways. Some argue that it creates an individual constitutional right to possess firearms, while others point to the reference to a "well-regulated Militia" to argue that it only restricts Congress from legislating away a state's right to self-defence.
The amendment was a response to concerns that the power of Congress to disarm state militias and create a national standing army posed a threat to the sovereignty of the states. The Anti-Federalists were concerned about the shift of military authority from the states to the federal government and the potential for government usurpation of individual rights. The Federalists dismissed these concerns, clarifying that the federal government would have the power to run a standing army and navy, but the militias would still function.
The right to keep and bear arms predates the Second Amendment. The English Bill of Rights of 1689 allowed Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law." The notion of the right to keep and bear arms was also present in early state constitutions and legal documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution.
The interpretation and application of the Second Amendment have evolved over time. In the 19th century, the focus shifted from a bulwark against foreign invasion and federal overreach to general safety and the protection of life, liberty, and property. In the 20th and 21st centuries, there has been a significant increase in political and social commentaries on the Second Amendment, with the Supreme Court playing a key role in interpreting and applying the amendment in various cases.
Amendments: Your Vote's Impact Explained
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Protection from unreasonable searches and seizures
The Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures by the government. It states that:
> [t]he 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 issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fourth Amendment does not guarantee protection from all searches and seizures, but only those deemed unreasonable under the law. The determination of whether a search or seizure is reasonable depends on balancing the individual's Fourth Amendment rights against legitimate government interests, such as public safety. For example, searches and seizures inside a home without a warrant are generally considered unreasonable.
To obtain a search warrant, law enforcement must demonstrate probable cause and provide a particularized description of what is to be searched or seized. However, there are exceptions to the warrant requirement, such as when objects are in plain view or when there are exigent circumstances.
The Fourth Amendment also applies to arrests and the collection of evidence. For example, in Arizona v. Gant, the Supreme Court held that an officer may lawfully search any area of a vehicle where evidence of a criminal activity might be found if there is probable cause to believe that the vehicle contains such evidence.
The Fourth Amendment's scope has been interpreted to include not only US citizens but also non-citizens who have a sufficient connection to the United States. However, it does not apply to searches and seizures of property owned by nonresident aliens located in a foreign country.
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Protection against self-incrimination
The Fifth Amendment to the United States Constitution contains provisions protecting individuals from self-incrimination. This amendment states that "no person shall [...] be compelled in any criminal case to be a witness against himself". This protection applies to both criminal defendants and witnesses, who may "plead the Fifth" and refuse to answer questions if they believe their testimony may be self-incriminatory.
The Fifth Amendment's protection against self-incrimination is not absolute, however. For example, it does not prevent a public employer from firing an employee who refuses to cooperate with an investigation into their official duties on the grounds of self-incrimination. Additionally, the amendment does not protect an individual from suspension by a non-governmental, self-regulatory organisation (SRO) such as the New York Stock Exchange (NYSE) if they refuse to answer questions posed by the SRO.
The Fifth Amendment's protection against self-incrimination also does not extend to an individual's voluntarily prepared business papers, as the element of compulsion is lacking. Furthermore, while a person may be compelled to produce specific documents even if they contain incriminating information, if the act of producing those documents informs the government of their existence, custody, or authenticity, then the privilege against self-incrimination is implicated.
The Fifth Amendment's protection against self-incrimination has been interpreted by the Supreme Court of the United States to serve two interrelated interests: the preservation of an accusatorial system of criminal justice, which goes to the integrity of the judicial system, and the preservation of personal privacy from unwarranted governmental intrusion.
Women's Suffrage: The Constitution's Original Stance
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Right to a trial by jury
The Sixth Amendment to the United States Constitution guarantees the right to a trial by an impartial jury in criminal cases. This amendment was ratified in 1791 as part of the Bill of Rights and applies to both federal and state courts. The right to a trial by jury means that in criminal prosecutions, the accused has the right to a speedy and public trial by an impartial jury from the state and district where the crime was allegedly committed. This jury must be a representative cross-section of the community and the verdict must be unanimous. The accused also has the right to confront and cross-examine witnesses, as well as the right to call witnesses in their favour.
The Seventh Amendment, ratified on December 15, 1791, also addresses the right to a jury trial but in the context of civil cases. This amendment protects the right of citizens to have a jury trial in federal courts for civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury. The Seventh Amendment's provisions for a civil jury trial are based on traditional English common law, which was also the inspiration for the American legal system. During the Middle Ages, English courts used juries composed of people inexperienced in legal affairs to make decisions.
The Sixth Amendment right to a jury trial has been interpreted by the Supreme Court to include all the essential elements as they were recognised in England and the United States at the time the Constitution was adopted. This includes the requirement of a jury of twelve persons and unanimous verdicts. However, the Court has also held that a jury of six would be sufficient to satisfy the right to a trial by jury.
The right to a trial by jury is a fundamental aspect of the American legal system and is designed to protect the accused's rights and ensure a fair trial. It is one of the many rights guaranteed by the Constitution and has been the subject of numerous Supreme Court cases and interpretations over the years.
Emancipation's Legacy: The 13th Amendment's Impact
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Frequently asked questions
The First Amendment is related to freedom of religion, speech, and the press, as well as the right to assemble and petition the government.
The Fourth Amendment is related to the right to security of persons, houses, papers, and effects against unreasonable searches and seizures.
The Fourteenth Amendment is related to equal protection under the law and due process, as well as citizenship rights and representation.
The Fifth Amendment outlines protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, and the right to just compensation for property taken.
