Isabella Carter
The US Constitution, approved in 1789, was amended in 1791 with the Bill of Rights, which guarantees individual liberties. The first ten amendments make up the Bill of Rights, which was influenced by the Virginia Declaration of Rights. James Madison wrote these amendments to limit government power and protect individual liberties. The Ninth Amendment states that citizens have rights beyond those listed in the Constitution, while the Tenth Amendment limits federal power to only those powers delegated in the Constitution. The Bill of Rights includes some of the most basic freedoms and rights, such as freedom of religion, speech, and assembly, the right to keep and bear arms, and protection from unreasonable search and seizure. The Fourteenth Amendment, added later, forbids states from denying citizens life, liberty, or property, without due process of law and guarantees equal protection under the law. These amendments have been interpreted and applied by the Supreme Court in landmark cases, such as Brown v. Board of Education of Topeka, which ruled racial segregation in public schools unconstitutional.
| Characteristics | Values |
|---|---|
| Freedom of religion | The freedom to practice any religion without government interference |
| Freedom of speech | The right to express thoughts and opinions freely |
| Freedom of the press | The right to publish content without censorship or restriction |
| Freedom of assembly | The right to gather peacefully for social or political purposes |
| Right to keep and bear arms | The right for the people to possess and carry weapons |
| No housing soldiers in private homes | Restriction on the quartering of soldiers during peacetime |
| Protection against unreasonable search and seizure | The right to privacy and security from unreasonable searches |
| Protection against self-incrimination | The right to remain silent and not provide testimony that could incriminate oneself |
| Protection against double jeopardy | The right not to be tried twice for the same crime |
| Protection against seizure of property under eminent domain | The right to just compensation if private property is seized for public use |
| States' rights | Powers not granted to the Federal Government are reserved for states or individual people |
| Individual rights | The recognition that individuals possess inherent rights not explicitly listed in the Constitution |
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What You'll Learn
Freedom of religion
The unamended US Constitution, approved in 1789, was criticised for not adequately protecting basic rights. This led to the addition of the first ten amendments, collectively known as the Bill of Rights, in 1791. The First Amendment includes freedom of religion as one of several individual liberties.
The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This language explicitly prohibits the government from infringing on religious freedom. The Supreme Court has interpreted this amendment to mean that the government must allow for the free exercise of religion without promoting or burdening it. This interpretation has been developed through various court cases, including Engel v. Vitale and Everson v. The Separation of Church and State.
The First Amendment's Free Exercise Clause limits the government's involvement in religious matters and protects the freedom to practice any religion or no religion at all. This clause upholds the right to hold any religious beliefs, regardless of whether they adhere to the principles of a particular faith. The Court has clarified that constitutional protections extend only to sincerely held religious beliefs and activities, excluding those motivated by political, philosophical, or sociological ideologies.
The Establishment Clause, another component of the First Amendment, further emphasises the separation of church and state by prohibiting the government from establishing an official religion. Together, the Establishment Clause and the Free Exercise Clause safeguard religious freedom in the United States. These clauses illustrate the dual intention of protecting individual liberties and limiting governmental power.
While the First Amendment provides strong protections for religious freedom, the Supreme Court has also established permissible restrictions on these freedoms. Governmental restrictions must be consistent with the First Amendment to be upheld. Strict scrutiny is one standard applied, requiring restrictions to advance a compelling state interest while being minimally restrictive. These legal standards help ensure that individual liberties are respected while also allowing for necessary regulations.
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Freedom of speech
The interpretation of freedom of speech has evolved to include symbolic expression, such as displaying or burning flags, wearing armbands, or engaging in certain forms of protest. The Supreme Court has consistently upheld the principle that the government cannot restrict speech based on its content or target the speaker's message, as this would violate the First Amendment. This protection extends to speech that may be considered offensive, immoral, or hateful, as the Court recognises the importance of encouraging robust debate and protecting the expression of unpopular opinions.
However, the right to freedom of speech is not absolute. The Supreme Court has identified three situations in which the government can constitutionally restrict speech under a less demanding standard. Additionally, certain types of speech, such as defamation, genuine threats, harassment, or speech intended to provoke unlawful action, may fall outside the protection of the First Amendment.
The First Amendment's protection of freedom of speech played a significant role in the Civil Rights movement. The Supreme Court rulings in cases like NAACP v. Alabama (1958), Garner v. Louisiana (1961), and Edwards v. South Carolina (1963) strengthened these freedoms and protected the right to peaceful protest and association.
The interpretation and application of freedom of speech continue to evolve through legal challenges and Supreme Court rulings. While the First Amendment provides a strong foundation for this liberty, the complexity of modern society and the impact of technology present new challenges and considerations for defining and protecting freedom of speech.
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Freedom of the press
The First Amendment to the US Constitution guarantees freedom of the press. This freedom is deeply rooted in the country's commitment to democracy and acts as a check on government power. The text of the First Amendment states that "Congress shall make no law...abridging the freedom of speech, or of the press". This amendment was adopted in 1791, eleven years after the Constitution came into effect, and seven years after its ratification.
The freedom of the press is not just confined to newspapers and periodicals. In Lovell v. City of Griffin (1938), Chief Justice Charles Evans Hughes defined the press as "every sort of publication which affords a vehicle of information and opinion". This right has been extended to books, plays, movies, and video games. The Supreme Court has also ruled that the freedom of the press includes the freedom to publish false or libelous statements about public officials. The Court explained that open discourse about the government and public affairs is critical to First Amendment protections, and that spirited criticism and even errors are some of the prices paid for freedom in a democracy.
The freedom of the press also functions as a limitation on government regulation. This means that it not only protects press entities but also the public's right to receive information, especially regarding government affairs and other matters of public concern. The Court has ruled that generally applicable laws do not violate the First Amendment simply because their enforcement against the press has incidental effects. However, laws that specifically target the press or treat different media outlets differently may violate the First Amendment.
Despite the strong protections afforded to the freedom of the press, there have been some notable attempts to restrict it. The Espionage Act of 1917 and the Sedition Act of 1918, for example, imposed heavy fines and imprisonment for those publishing "disloyal, profane, scurrilous, or abusive language" about the US government, constitution, military, or flag. In more recent times, the Supreme Court has ruled that the First Amendment does not grant the media the privilege of special access to prisons or the power to compel the government to furnish information.
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Right to keep and bear arms
The Second Amendment to the US Constitution, also known as "the right to keep and bear arms," was ratified on December 15, 1791. It protects the right of Americans to possess weapons for self-defence, the defence of their rights, and the defence of their property. 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 concept of average citizens possessing weapons predates the Constitution. The English Bill of Rights of 1689, for example, allowed all Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law." This right was described by Sir William Blackstone in his Commentaries on the Laws of England as an "auxiliary right" that supported core rights such as self-defence and resistance to oppression.
During the colonial and revolutionary periods, legal documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution also asserted the right of citizens to arm themselves as fundamental. After the American Revolution, there were concerns that oppressive regimes could use their large armies to oppress their people. In response, some argued that the best deterrent would be to have each state raise its own militia, composed of average citizens who would be granted the right to gather and possess their own weapons.
Over time, the purpose of the Second Amendment shifted from being primarily a defence against foreign invasion and federal overreach to focusing on the general safety and protection of life, liberty, and property. In 2008, the landmark Supreme Court decision in District of Columbia v. Heller affirmed that the Second Amendment protected the right of all individual citizens to keep and bear arms for self-defence, not just for a state-run militia. This decision was further reinforced by the Supreme Court's ruling in McDonald v. City of Chicago in 2010, which held that the Second Amendment's provisions were protected at the state level by the Fourteenth Amendment's Due Process Clause.
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Freedom of assembly
The unamended Constitution of the United States, approved in 1789, did not initially include a Bill of Rights to protect certain basic rights, including freedom of assembly. However, on December 15, 1791, the first ten amendments, known as the Bill of Rights, were added to the Constitution to guarantee specific freedoms and rights.
The First Amendment includes the right to freedom of assembly, stating that ""Congress shall make no law [...] abridging the [...] right of the people peaceably to assemble". Freedom of assembly is often used in the context of the right to protest, while freedom of association is used in the context of labor rights. The two terms may be used interchangeably, but they refer to distinct freedoms: the freedom to assemble in public places and the freedom to join an association, respectively.
The right to freedom of assembly is recognized as a human right, a political right, and a civil liberty. It is included in several human rights instruments, such as the Universal Declaration of Human Rights (Article 20), the International Covenant on Civil and Political Rights (Article 21), and the American Convention on Human Rights (Article 15).
National constitutions that explicitly guarantee the freedom of assembly include those of Russia (Articles 30 and 31), Taiwan (Article 14), Turkey (Articles 33 and 34), and Bangladesh (Articles 37 and 38). These constitutional provisions ensure that individuals have the right to peaceably assemble and collectively express, promote, and defend their ideas.
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Frequently asked questions
The Bill of Rights is made up of the first ten amendments to the US Constitution. These amendments were added to limit government power and protect individual liberties.
The First Amendment guarantees freedom of religion, speech, and the press, as well as the right to peaceful assembly and petition. The Fourth Amendment protects citizens from unreasonable government intrusion in their homes without a warrant. The Fifth Amendment protects citizens from self-incrimination, double jeopardy, and the seizure of property without just compensation.
The unamended Constitution, approved in 1789, guaranteed civil liberties such as the writ of habeas corpus and trial by jury in criminal cases. It also forbade bills of attainder and ex post facto laws.
After the American Civil War, three new amendments were added: the Thirteenth Amendment (1865) abolished slavery; the Fourteenth Amendment (1868) granted citizenship to those who had been enslaved; and the Fifteenth Amendment (1870) guaranteed formerly enslaved men the right to vote.
The Ninth Amendment states that citizens have other rights beyond those explicitly mentioned in the Constitution. The Tenth Amendment limits the Federal Government to only the powers delegated to it in the Constitution.
