Malcolm Rivera
The Bill of Rights, which forms the first 10 amendments to the US Constitution, was ratified on December 15, 1791. Since then, there have been 17 additional amendments to the Constitution, including the abolition of slavery, civil rights, women's suffrage, and term limits for the presidency. These amendments beyond the Bill of Rights have expanded the rights and freedoms of Americans, addressed issues not covered in the original Constitution, and continue to shape the country's laws and policies.
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What You'll Learn
Right to bear arms
The Second Amendment to the United States Constitution, also known as Amendment II, protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights. The original 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."
The right to bear arms has been a topic of debate and has undergone a shift in purpose since its ratification. Initially, the amendment was intended to protect citizens' rights to possess weapons for self-defence, the defence of their rights, and the protection of their property. This notion of average citizens possessing weapons predates the Constitution and can be traced back to the English Bill of Rights in 1689, which allowed Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law."
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. After the American Revolution, there were concerns about the potential for oppressive regimes to use their large armies to oppress the people. In response, it was proposed that each state should raise its own militia, composed of average citizens who would be granted the right to gather and possess armaments while receiving part-time military instruction and pay from their state governments.
However, in the 19th century, the right to keep and bear arms faced new challenges with significant changes in the United States' military structure. The shift of military authority from the states to the federal government raised concerns among Anti-Federalists about government usurpation of individual rights. These concerns were eased by the understanding that the average citizen would still have the natural-born right to possess and keep their weapons, even though the federal government had the power to maintain a standing army and navy.
In modern times, the Second Amendment has been the subject of landmark Supreme Court decisions. In District of Columbia v. Heller (2008), the Supreme Court affirmed that the amendment protects an individual's right to keep a gun for self-defence in their home. This ruling clarified that the right is not unlimited and does not preclude certain prohibitions, such as those forbidding "the possession of firearms by felons and the mentally ill." In McDonald v. City of Chicago (2010), the Court further extended this ruling, asserting that state and local governments are limited to the same extent as the federal government from infringing upon this right.
Amendments to Louisiana's Constitution: A Dynamic History
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Right to a fair trial
The Sixth Amendment (Amendment VI) to the United States Constitution guarantees criminal defendants eight distinct rights, including the right to a speedy and public trial by an impartial jury. This amendment was ratified in 1791 as part of the Bill of Rights, which comprises the first ten amendments to the Constitution.
The Sixth Amendment ensures that criminal defendants have the right to be informed of the nature and cause of accusations against them. This includes the right to confront and cross-examine witnesses, as well as the right to call their own witnesses and, in some cases, compel them to testify. The amendment also grants the accused the right to request a closed trial if they can demonstrate that publicity would prejudice their right to a fair trial and that reasonable alternatives to closure are inadequate.
The impartial jury requirement stipulates that jurors must be unbiased and representative of a cross-section of the community. The right to a jury trial applies only to offences punishable by imprisonment for longer than six months, and the Supreme Court has ruled that minors are typically tried in juvenile court, which does not include a jury. Additionally, the Sixth Amendment requires that the jury be selected from the state and district in which the crime was committed.
The amendment also guarantees the right to the assistance of counsel for defence. In Gideon v. Wainwright (1963), the Supreme Court ruled that a public defender must be provided to criminal defendants who cannot afford an attorney in any state court trial where the defendant may face imprisonment.
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Civil rights
The first ten amendments to the US Constitution, ratified on December 15, 1791, form what is known as the Bill of Rights. These amendments were designed to limit the government's power and protect individual liberties. James Madison, then a member of the US House of Representatives, wrote the amendments.
Beyond the Bill of Rights, there have been 17 additional amendments to the Constitution as of 2023. Many of these amendments address civil rights, including:
- The Thirteenth Amendment, which abolished slavery.
- The Fourteenth Amendment, which addresses civil rights and equal protection under the law.
- The Fifteenth Amendment, which guarantees the right of citizens to vote regardless of race, colour, or previous condition of servitude.
- The Nineteenth Amendment, which guarantees women's suffrage.
- The Twenty-Fourth Amendment, which abolished poll taxes as a voting requirement.
- The Twenty-Sixth Amendment, which lowered the voting age to 18 years old.
These amendments demonstrate a continued effort to expand and protect civil rights in the United States beyond what was initially outlined in the Bill of Rights.
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Presidential term limits
The United States Constitution has been amended several times since its inception, with the first 10 amendments comprising the Bill of Rights. These amendments were proposed by Congress in 1789 and ratified in 1791, outlining fundamental rights and freedoms for Americans. Beyond these initial amendments, subsequent changes have addressed various issues, including presidential term limits.
The Twenty-second Amendment, or Amendment XXII, specifically addresses presidential term limits. This amendment was a response to Franklin D. Roosevelt's unprecedented four terms as president, which sparked concerns about unlimited presidential terms. The Twenty-second Amendment limits any person from being elected to the presidency more than twice. Additionally, it outlines eligibility conditions for presidents who succeed to unexpired terms.
The debate surrounding presidential term limits dates back to the Constitutional Convention of 1787, where delegates discussed the issue extensively. While some supported lifetime tenure for presidents, others favoured fixed terms. The idea of a president serving for life was criticised as akin to an "elective monarchy". Initially, the Framers approved four-year terms without any restrictions on the number of terms.
The Twenty-second Amendment was approved by Congress in 1947 and ratified in 1951. Since then, all subsequent presidents have adhered to the two-term limit. However, there have been attempts by presidents and Congress members to modify or repeal the amendment. The amendment has been interpreted as a check against the accumulation of excessive power by any individual president or the presidency as a whole.
In summary, the Twenty-second Amendment to the United States Constitution established presidential term limits, specifically limiting presidents to two terms. This amendment addressed concerns about unlimited terms and the potential for a presidency to become an elective monarchy. The ratification of this amendment marked a significant development in American politics, shaping the executive branch and ensuring a regular transition of power.
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Abolition of slavery
The 13th Amendment, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. This amendment was the first of three Reconstruction Amendments and was designed to handle the substantial enslaved population across the country.
Before the 13th Amendment, slavery was implicitly recognised in the original Constitution. The Three-Fifths Compromise, mentioned in Article I, Section 2, Clause 3, was the only reference to enslaved persons, stating that they were to be regarded as "three-fifths" of a fully free citizen. The Fugitive Slave Clause, located in Article IV, Section 2, further asserted that a slave who was bound by the laws of their home state remained a slave even if they fled to a non-slavery state.
In 1863, President Lincoln issued the Emancipation Proclamation, declaring that "all persons held as slaves within any State... shall be then, thenceforward, and forever free." However, this proclamation did not end slavery in the nation as it only applied to areas of the Confederacy in a state of rebellion and not to the "border states" that remained in the Union. Lincoln recognised that the emancipation proclamation would have to be followed by a constitutional amendment to guarantee the abolishment of slavery.
The 13th Amendment states: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." With this amendment, the United States found a final constitutional solution to the issue of slavery, and chattel slavery was banned and declared illegal in the United States and its territories.
The Supreme Court's Power to Nullify Amendments
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Frequently asked questions
The Bill of Rights is the first 10 amendments to the US Constitution.
There have been 17 amendments beyond the Bill of Rights, making 27 in total.
Amendments beyond the Bill of Rights continue to shape and define US law and society, including on issues such as civil rights, income tax, and voting age.
The 11th Amendment concerns lawsuits against states.
The 27th Amendment, ratified in 1992, concerns Congressional pay raises.
