Simone Lawson
The United States Constitution has been amended 27 times since its inception, with the first 10 amendments collectively known as the Bill of Rights. These amendments were proposed by James Madison, then a member of the U.S. House of Representatives, to limit government power and protect individual liberties. The first ten amendments were ratified on December 15, 1791, and they safeguard freedoms such as speech, religion, and the right to bear arms, while ensuring protections such as due process and trial by jury. The most recent amendment, the 27th Amendment, was ratified in 1992, 203 years after it was first proposed in 1789.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Ratified on December 15, 1791, also 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 | Right to bear arms |
| Fourth Amendment | Safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant |
| Fourteenth Amendment | All persons born or naturalized in the United States and subject to its jurisdiction are citizens and no state shall make or enforce any law that abridges the privileges or immunities of US citizens |
| Twenty-Seventh Amendment | Proposed on September 25, 1789, and ratified on May 7, 1992 |
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What You'll Learn
The first ten amendments
The amendments were written to address objections raised by Anti-Federalists during the 1787–88 debate over the ratification of the Constitution. They add specific guarantees of personal freedoms, such as freedom of speech, the right to assemble, and the right to bear arms. They also set out limitations on the government's power, including explicit declarations that powers not specifically granted to the federal government by the Constitution are reserved for the states or the people.
The First Amendment provides several protections, including the right to express ideas through speech and the press, the right to assemble, and the right to religious beliefs and practices. It also prevents the government from creating or favouring a religion.
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 be quartered in any house without the owner's consent, except as prescribed by law.
The Fourth Amendment guarantees the right to security of persons, houses, papers, and effects against unreasonable searches and seizures, and requires warrants to be supported by probable cause.
The Fifth Amendment includes a requirement for grand jury indictment in capital cases. The Tenth Amendment reinforces the principles of separation of powers and federalism, preserving the authority of state governments in matters not specifically granted to the federal government or prohibited to the states.
The remaining amendments (Sixth, Seventh, Eighth, and Ninth) cover a range of issues, including due process, trial by jury, and other natural and legal rights.
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The Bill of Rights
James Madison, a member of the US House of Representatives at the time, was responsible for drafting these amendments. Initially, Madison altered the text of the Constitution directly, but this approach was opposed by several representatives, including Roger Sherman, who argued that Congress lacked the authority to make such changes. As a compromise, Madison's edits were reframed as a list of amendments to follow Article VII of the Constitution.
The First Amendment is perhaps the most well-known and guarantees freedom of speech, freedom of religion, freedom of the press, and the right to peaceful assembly, among other liberties. The Fourth Amendment protects citizens' privacy and requires a warrant for searches and seizures. The Second Amendment, which has been the subject of much debate and Supreme Court interpretation, guarantees the right to bear arms.
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The right to free speech
The First Amendment to the US Constitution, ratified on December 15, 1791, is commonly recognized for its protection of freedom of speech, religion, the press, and the right to assemble and petition the government. The official text of the amendment states:
> "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 First Amendment also protects the freedom of the press, ensuring that the media can report and publish information without governmental restriction. This freedom is essential for a democratic society, fostering transparency, accountability, and an informed citizenry.
While the First Amendment guarantees freedom of speech, it is not absolute. Certain limitations exist, such as restrictions on speech that incites violence, defamation, obscenity, and interpersonal threats. Additionally, private organizations, such as businesses, colleges, and religious groups, are not bound by the same constitutional obligation to uphold freedom of speech.
The right to assemble and petition the government is closely linked to freedom of speech. By guaranteeing the right to assemble, the First Amendment protects individuals' ability to gather and collectively express their views. The right to petition allows individuals to address grievances and seek redress from the government, ensuring that elected officials remain responsive to the people they represent.
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The right to bear arms
The Second Amendment to the United States Constitution, also known as Amendment II, protects the right of Americans to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights, which make up the first ten amendments to the Constitution.
The Second 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." This amendment has been a topic of debate and interpretation over the years, with various court cases shaping its understanding.
In the landmark Supreme Court case District of Columbia v. Heller (2008), the Court affirmed that the Second Amendment protects an individual's right to keep a gun for self-defence in their home. This decision clarified that the right belongs to individuals and is not limited to a state-run militia. The Court also noted that the right is not unlimited and does not override certain prohibitions, such as those forbidding the possession of firearms by felons or the mentally ill.
The Second Amendment continues to be a subject of debate and interpretation, with ongoing political and social commentaries and court cases shaping its understanding in modern times.
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The 14th Amendment
Another important aspect of the 14th Amendment is the "Due Process Clause," which prohibits any state from depriving any person of life, liberty, or property without due process of law. This clause has been central to many landmark Supreme Court cases, including those involving racial discrimination, reproductive rights, and election law.
The amendment also includes provisions for representation in Congress, stating that representatives shall be apportioned among the states according to their respective numbers, counting all persons excluding untaxed Indigenous people. Additionally, it addresses the right to vote, stating that if male citizens over the age of 21 are denied the right to vote in elections for President, Vice-President, Representatives in Congress, or state officials, the basis of representation for that state shall be reduced proportionally.
While the primary purpose of the 14th Amendment was to guarantee equal rights for Black citizens, historians disagree on the extent to which this goal was shared and supported by Congress and the country at the time. For many years, the Supreme Court ruled that the amendment did not extend the Bill of Rights to the states, and it was not until the 20th century that the promise of the 14th Amendment began to be fully realized through the efforts of citizens, Congress, and the executive branch.
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Frequently asked questions
The first 10 amendments to the US Constitution are known as the Bill of Rights. These amendments were ratified on December 15, 1791. There have been 27 amendments to the Constitution in total.
The First Amendment protects freedom of religion, speech, and the press, as well as the right to assemble and petition the government.
The Second Amendment protects the right to bear arms.
The Fourteenth Amendment states that all persons born or naturalized in the US are US citizens and citizens of the state in which they reside. It also prohibits states from depriving any person of life, liberty, or property without due process.
