Simone Lawson
The first ten amendments to the US Constitution are called the Bill of Rights. Written by James Madison, the Bill of Rights was proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. The amendments spell out the rights of Americans in relation to their government, guaranteeing civil rights and liberties, such as freedom of speech, freedom of the press, and freedom of religion.
| Characteristics | Values |
|---|---|
| Name | The Bill of Rights |
| Number of Amendments | 10 |
| Date Proposed | September 25, 1789 |
| Date Ratified | December 15, 1791 |
| Proposer | First Congress of the United States |
| Ratified By | Three-fourths of the state legislatures |
| Rights | Freedom of speech, freedom of religion, freedom of assembly, freedom of the press, right to bear arms, due process, trial by jury, etc. |
| Author | James Madison |
Explore related products
What You'll Learn
The 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."
The opening clause, regarding religion, establishes a separation between church and state, thus preventing the establishment of an official religion by the government, and it also protects the free exercise of religion, ensuring that individuals can practice their faith without interference from the state.
The freedom of speech and of the press are cornerstone rights in a democratic society. These freedoms are safeguarded from government interference, allowing individuals to express themselves freely and fostering a vibrant marketplace of ideas. This includes various forms of expression, such as political speech, artistic expression, and the freedom to seek and impart information.
The right to peaceably assemble and petition the government forms the latter part of the amendment. This guarantees individuals the right to gather peacefully for protests, rallies, or other forms of collective expression, and it also ensures that citizens can petition their government to address grievances or seek change, without fear of retribution.
Amending the Constitution: A Guide to the Process
You may want to see also
Freedom of speech
The first ten amendments to the US Constitution are collectively known as the Bill of Rights. The Bill of Rights was proposed to address Anti-Federalist opposition to the ratification of the Constitution. It was written by James Madison, who initially proposed twenty amendments, of which ten were approved (or ratified).
The First Amendment, which pertains to freedom of speech, prevents Congress from making laws that establish a religion or prohibit its free exercise, or that abridge the freedom of speech, freedom of the press, freedom of assembly, or the right to petition the government for redress of grievances.
The First Amendment was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied the third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first.
The First Amendment was adopted to curtail the power of Congress to interfere with the individual's freedom to believe, worship, and express themselves according to the dictates of their conscience. The Supreme Court has affirmed that the First Amendment protects the right to receive information and ideas, regardless of their social worth, and to be generally free from governmental intrusions into one's privacy and control of one's own thoughts.
The right to free speech and a free press have been characterised by the Supreme Court as fundamental personal rights and liberties, noting that their exercise lies at the foundation of free government.
The Evolution of Constitutional Amendments: A Historical Perspective
You may want to see also
Freedom of religion
The first ten amendments to the US Constitution are collectively known as the Bill of Rights. The Bill of Rights was written by James Madison and safeguards individual freedoms and limits government power.
The First Amendment provides protections for the right to religious beliefs and practices. It prevents the government from creating or favouring a religion, or prohibiting the free exercise of religion.
The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from "establishing" a religion. Historically, this meant prohibiting state-sponsored churches, such as the Church of England. Today, what constitutes an "establishment of religion" is often governed under the three-part test set forth by the U.S. Supreme Court in Lemon v. Kurtzman (1971).
The Free Exercise Clause protects the right to religious beliefs and practices, and prevents the government from prohibiting the free exercise of religion.
The First Amendment also provides protections for the right to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems.
Amending the Constitution: What's Next?
You may want to see also
Explore related products
Right to bear arms
The first ten amendments to the US Constitution are collectively known as the Bill of Rights. The Second Amendment, also known as "the right to bear arms", is part of these ten amendments.
The Second Amendment protects "the right of the people to keep and bear Arms". The full text of the amendment is as follows: "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." This amendment was passed by Congress on September 25, 1789, and ratified on December 15, 1791, along with the rest of the Bill of Rights.
The inclusion of the Second Amendment in the Constitution was influenced by concerns about the shift of military authority from the states to the federal government, and the potential for government usurpation of individual rights. Anti-Federalists, in particular, feared that oppressive regimes could use their large armies to oppress their people. To counter this hypothetical threat, some argued for the creation of state-run militias composed of average citizens who would have the right to gather and possess their own weapons. This right to bear arms was seen as a natural-born right and a bulwark against foreign invasion, federal overreach, and a guarantee of general safety and protection of life, liberty, and property.
The Second Amendment has been the subject of much debate and interpretation over the years. Initially, it was applied only to the federal government, but arguments have been made that the Fourteenth Amendment extends those rights to individuals against state governments as well. In the 19th century, there were major changes in the United States' military structure, which impacted the future of the Second Amendment. In the 20th and early 21st centuries, there was a significant increase in political and social commentaries on this amendment, with gun rights advocates claiming that it protects the right to keep arms that are part of "ordinary military equipment".
The Second Amendment has been interpreted by the Supreme Court in landmark cases such as United States v. Cruikshank in 1876 and District of Columbia v. Heller in 2008. The former struck down arguments that the Fourteenth Amendment extended the Second Amendment rights to individuals against state governments, while the latter asserted that the Second Amendment protected the right of all individual citizens to keep and bear arms for self-defence, rather than solely for a state-run militia.
Understanding Amendment: Trial by Jury Rights
You may want to see also
Due process
The first ten amendments to the US Constitution are collectively known as the Bill of Rights. The Bill of Rights guarantees civil rights and liberties to individuals, including freedom of speech, press, and religion, and sets rules for due process of law.
At its core, due process protects individuals from arbitrary judgment and unlawful actions by the government. It ensures that all legal rights owed to a person are respected and that the government operates within the law, providing fair procedures.
The concept of due process has evolved over time, with its origins traced back to Clause 39 of the Magna Carta in England, which was later renumbered as Clause 29. The phrase "due process of law" first appeared in a statutory rendition of the Magna Carta in 1354 during the reign of Edward III.
Amendments to the Oregon Constitution: A Dynamic History
You may want to see also
Frequently asked questions
The first ten amendments to the US Constitution are called the Bill of Rights.
The First Amendment protects several rights, including freedom of speech, freedom of the press, freedom of religion, and the right to assemble.
The Second Amendment states that "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 Third Amendment states that "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."
