Omar Bennett
The Bill of Rights, written by James Madison, constitutes the first ten amendments to the US Constitution. These amendments were proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. They guarantee civil rights and liberties to individuals, including freedom of speech, freedom of the press, and freedom of religion. The amendments also set rules for due process of law and reserve all powers not delegated to the Federal Government to the people or the States.
| Characteristics | Values |
|---|---|
| Name | The Bill of Rights |
| First Proposed | June 7, 1776 |
| Proposer | Richard Henry Lee |
| Number of Amendments | 10 |
| Date of Ratification | December 15, 1791 |
| Ratifying Body | Three-fourths of the state legislatures |
| Number of Amendments Proposed | 12 |
| Number of Amendments Approved by the House | 17 |
| Number of Amendments Approved by the Senate | 12 |
| Number of Amendments Approved by the States | 10 |
| Last State to Ratify | Virginia |
| Author | James Madison |
| Influenced By | Virginia Declaration of Rights, Magna Carta, Petition of Right, English Bill of Rights, Massachusetts Body of Liberties |
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The Bill of Rights
The ten amendments are:
- First Amendment: This protects several rights, including freedom of speech, freedom of the press, freedom of religion, and the right to assemble and petition the government.
- Second Amendment: This protects the right to keep and bear arms.
- Third Amendment: This prevents the government from forcing homeowners to allow soldiers to use their homes, except in times of war and in a manner prescribed by law.
- Fourth Amendment: This prohibits the government from unreasonable searches and seizures of individuals or their private property.
- Fifth Amendment: This 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.
- Sixth Amendment: This offers additional protections to those accused of crimes, such as the right to a speedy and public trial and an impartial jury.
- Seventh Amendment:
- Eighth Amendment:
- Ninth Amendment:
- Tenth Amendment: This specifies that any powers not delegated to the federal government are reserved to the states or the people.
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First Amendment
The First Amendment to the United States Constitution was adopted on December 15, 1791, as one of the ten amendments constituting the Bill of Rights. The First Amendment prevents Congress from making laws that infringe on the freedom of religion, speech, press, and assembly, and the right to petition the government for redress of grievances.
The text of the First Amendment is as follows: "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 guarantees the free exercise of religion and prohibits the government from establishing an official religion or favouring one religion over another. It protects the right to express ideas and opinions through speech and the press, as well as the right to assemble or gather with a group for protest or other purposes. The amendment also ensures that individuals can petition the government to address grievances or seek change.
The interpretation and application of the First Amendment have evolved over time. Initially, it applied only to laws enacted by Congress, but through the process of incorporation, the Supreme Court has applied it to the states as well. The First Amendment has been interpreted to protect various forms of speech, including political speech, anonymous speech, and commercial speech, although it is important to note that the protection of speech is not absolute and is subject to certain limitations. The amendment also extends to the freedom of the press, protecting the publication of information and opinions across different media formats.
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Second Amendment
The Second Amendment to the United States Constitution is often quoted 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 protects the right of individuals to possess and carry weapons.
The Second Amendment was adopted on December 15, 1791, as part of the Bill of Rights, which comprises the first ten amendments to the Constitution. The Second Amendment has been a topic of debate and legal interpretation, with the Supreme Court addressing it in cases such as United States v. Miller (1939) and United States v. Verdugo-Urquidez (1990).
The historical context surrounding the Second Amendment is crucial to understanding its intent. During the drafting of the Amendment, there was a fear of slave rebellions, and the right to bear arms was deliberately linked to membership in a militia by the slaveholder and chief drafter, James Madison. Thomas Jefferson's earlier draft constitution for Virginia, which would have granted free blacks the right to bear arms, was rejected.
The Second Amendment has been interpreted and debated over the years, with some arguing that it confirms the right of individuals to possess and carry weapons, while others focus on the role of militias in maintaining a free state. Tench Coxe, a contemporary commentator, noted that the amendment aimed to prevent civil rulers and military forces from tyrannizing citizens.
The Second Amendment continues to be a subject of discussion and legal interpretation in modern times, with ongoing debates about the scope and limitations of the right to bear arms.
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Third Amendment
The Third Amendment to the United States Constitution is one of the least controversial amendments and is rarely litigated. It places restrictions on the quartering of soldiers in private homes without the owner's consent, forbidding the practice in peacetime. The amendment was introduced in 1789 by James Madison as a part of the United States Bill of Rights, in response to Anti-Federalist objections to the new Constitution.
Before the Revolutionary War, laws gave British soldiers the right to take over private homes. The Third Amendment was a response to the Quartering Acts passed by the Parliament of Great Britain during the buildup to the war, which had allowed the British Army to lodge soldiers in public buildings.
The amendment states: "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."
One of the few times a federal court was asked to invalidate a law or action on Third Amendment grounds was in Engblom v. Carey (1982). In 1979, prison officials in New York organized a strike and were evicted from their prison facility residences, which were reassigned to members of the National Guard who had temporarily taken their place. The United States Court of Appeals for the Second Circuit ruled that the term "owner" in the Third Amendment includes tenants, that National Guard troops are considered "soldiers" for the purposes of the amendment, and that the amendment is incorporated and applies to the states via the Fourteenth Amendment.
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Fourth Amendment
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It was introduced in Congress in 1789 by James Madison, along with the other amendments in the Bill of Rights, in response to Anti-Federalist objections to the new Constitution.
The Fourth Amendment prohibits unreasonable searches and seizures and sets requirements for issuing warrants. Warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
The Fourth Amendment was established to address the dangers presented by general warrants, which allowed officers to search suspected places or seize individuals without evidence of a committed fact. The Virginia Declaration of Rights (1776) and Article XIV of the Massachusetts Declaration of Rights (enacted in 1780) further emphasised the requirement for all searches to be "reasonable".
The amendment's case law deals with three main issues: defining "searches" and "seizures", determining probable cause for searches and seizures, and addressing violations of Fourth Amendment rights. While early court decisions focused on physical intrusion of property or persons, the Katz v. United States (1967) ruling expanded protections to include intrusions on individual privacy. Furthermore, the exclusionary rule, established in Weeks v. United States (1914), deems evidence obtained through a Fourth Amendment violation generally inadmissible in criminal trials.
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Frequently asked questions
They are called the Bill of Rights.
The Bill of Rights spells out Americans' civil rights and liberties, such as freedom of speech, freedom of the press, and freedom of religion. It also sets rules for due process of law.
The Bill of Rights was written by James Madison. It was strongly influenced by the Virginia Declaration of Rights, written by George Mason.
The amendments were ratified on December 15, 1791.
