Isabella Carter
The First Amendment to the United States Constitution was influenced by various documents, including the Virginia Declaration of Rights, the English Bill of Rights, the Magna Carta, and the Massachusetts Body of Liberties. It was proposed by James Madison, who wrote and proposed twenty amendments to the Constitution, of which ten were ratified, including the First Amendment, which was ratified on December 15, 1791. The Amendment prevents Congress from making laws regarding the establishment of religion, prohibiting the free exercise of religion, abridging freedom of speech, infringing on freedom of the press, or interfering with the right to assemble and petition the government.
| Characteristics | Values |
|---|---|
| Date proposed | 25 September 1789 |
| Date ratified | 15 December 1791 |
| Number of proposed amendments | 12 |
| Number of ratified amendments | 10 |
| Purpose | To prevent Congress from interfering with freedom of speech, religion, the press, and the right to petition the government |
| Influenced by | The Virginia Declaration of Rights, the Magna Carta, the English Bill of Rights, and the Massachusetts Body of Liberties |
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What You'll Learn
The Virginia Declaration of Rights
The Declaration consists of sixteen articles on the subject of the rights that "pertain to [the people of Virginia]... as the basis and foundation of Government". It affirms the inherent nature of rights to life, liberty, property, and the pursuit of happiness and safety. Notably, it describes a view of government as the servant of the people, enumerating its separation of powers into the administration, legislature, and judiciary.
Articles 1–3 of the Declaration address the subject of rights and the relationship between the government and the governed. It asserts that all men are "equally free and independent" and possess certain inherent rights that cannot be taken away, including the enjoyment of life, liberty, property, and the pursuit of happiness and safety.
Articles 7–16 propose restrictions on the powers of the government. They declare that the government should not have the power to suspend or execute laws without the consent of the people's representatives. The Declaration also establishes legal rights, including the right to confront accusers and witnesses, present evidence, and receive a speedy trial by an impartial jury. It provides protections against cruel and unusual punishments, baseless search and seizure, and guarantees freedom of the press, freedom of religion, and the right to a uniform government.
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The Magna Carta
One of the most significant influences of the Magna Carta on the US Constitution is the concept of "no taxation without representation." This principle was crucial during America's colonial days and was cited in the Declaration of Independence, asserting colonial privileges and rights. The Magna Carta also established the right to a trial by a jury of one's peers, which is reflected in the Sixth Amendment of the US Constitution.
The legacy of the Magna Carta is evident in the US Constitution's Bill of Rights, which comprises the first ten amendments. The Fifth Amendment, for instance, guarantees due process, echoing the Magna Carta's Clause 29, which prevents the government from jailing or punishing an individual without lawful judgment.
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The English Bill of Rights
The main purpose of the act was to declare illegal various practices of the former Catholic ruler, James II. It included a prohibition on Protestants possessing arms, allowing them to "have arms for their defence suitable to their conditions and as allowed by law". It also stated that Parliament, as the representative body of British subjects, shouldn't be censored by a monarch, providing "that the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament".
The Bill also reiterated the concept that the Crown couldn't tax subjects without the consent of their representatives in Parliament. It stated that Parliament should meet regularly, be subject to free elections, and could block the suspension of laws by the Crown.
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The Massachusetts Body of Liberties
The document combined the early American covenanting tradition of the Mayflower Compact with an appeal to the common law tradition that crossed the Atlantic from Britain. It is considered by many as the precursor to the General Laws of Massachusetts and the Massachusetts Constitution. It incorporates rights that were later judged to be ahead of their time, with some of these rights eventually appearing in the Bill of Rights. For example, the right to petition for redress of grievances was a principle included in the 1215 Magna Carta, as well as the 1689 English Bill of Rights.
> The free fruition of such liberties, immunities and privileges as humanity, civility, and Christianity call for as due to every man in his place and proportion without impeachment and infringement hath ever been and ever will be the tranquility and stability of churches and commonwealths.
This document did not make these rights explicitly inalienable, meaning they could be altered by the legislature. However, Massachusetts did not abandon these rights in its later codes, and the egalitarian nature of the Body of Liberties contrasted sharply with English common law in 1641, when different parts of the population had differing rights.
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The 1789 Joint Resolution of Congress
The twelve amendments proposed in the 1789 Joint Resolution of Congress aimed to guarantee individual rights and freedoms, addressing concerns about the lack of adequate guarantees for civil liberties in the Constitution. These amendments were critical to the formation of a democratic government and included provisions to protect freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government for redress of grievances.
The First Amendment to the United States Constitution prevents Congress from making laws that establish a national religion, infringe on the free exercise of religion, abridge freedom of speech or the freedom of the press, or hinder the right to assemble peacefully and petition the government for redress. It is worth noting that the original First Amendment included a formula for determining the size of the House of Representatives based on the population of the United States in 1789.
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Frequently asked questions
The First Amendment to the United States Constitution prevents Congress from making laws respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
The First Amendment was influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties.
The First Amendment was created to limit government power and protect individual liberties. It was also created to address Anti-Federalist opposition to Constitutional ratification, which was based on the Constitution's lack of adequate guarantees for civil liberties.
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