Omar Bennett
The first ten amendments to the US Constitution, also known as the Bill of Rights, were ratified on December 15, 1791, and safeguard freedoms such as speech, religion, and the right to bear arms. The First Amendment, for example, guarantees freedom of religion, speech, and the press, as well as the right to peaceful assembly and to petition the government. The Ninth Amendment clarifies that the listing of specific rights in the Constitution does not deny other rights retained by the people, while the Tenth Amendment ensures that the Federal Government only has the powers delegated to it by the Constitution.
| Characteristics | Values |
|---|---|
| Freedom of religion | Congress shall make no law respecting an establishment of religion |
| Freedom of speech | Congress shall make no law abridging the freedom of speech |
| Freedom of the press | Congress shall make no law abridging the freedom of the press |
| Right to peaceable assembly | The right of the people to assemble peaceably |
| Right to petition the government | The right of the people to petition the government for a redress of grievances |
| Right to bear arms | N/A |
| Due process | N/A |
| Trial by jury | N/A |
| Other rights | The listing of specific rights in the Constitution does not deny other rights retained by the people |
| Federal government powers | The Federal Government only has the powers delegated to it in the Constitution |
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What You'll Learn
Freedom of religion
The First Amendment of the US Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, includes two provisions concerning freedom of religion: the Establishment Clause and the Free Exercise Clause.
The Establishment Clause prohibits the government from establishing an official religion or favouring one religion over another. This means that the government cannot promote or inhibit any religion and that there should be no excessive entanglement between church and state. The precise definition of "establishment" in this context has been debated, with the US Supreme Court setting a three-part test, known as the "Lemon test", to define when government action can be considered assistance to religion.
The Free Exercise Clause protects citizens' right to practice their religion without interference from the government, as long as their practices do not violate "public morals" or conflict with a "compelling" governmental interest. This clause ensures that individuals are free to exercise their religious beliefs and practices without government restriction or persecution.
Together, these clauses promote individual freedom of religion and separation of church and state, ensuring religious neutrality in government affairs and protecting citizens from religious persecution.
The interpretation of these clauses has been the subject of numerous court cases, with the Supreme Court acknowledging that they are not the most precisely drawn portions of the Constitution. While early cases suggested that courts could determine what constitutes religion, later cases restricted the ability of the government and courts to judge the legitimacy of religious beliefs.
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Freedom of speech
The right to freedom of speech is a broad concept that encompasses various forms of expression, including spoken words, writing, art, and symbolic acts. It protects the right of individuals to express their ideas, opinions, and beliefs without fear of government censorship or retaliation. This freedom extends to a wide range of issues, such as political and religious discourse, artistic expression, and the right to seek and receive information.
However, it is important to note that freedom of speech is not absolute and has certain limitations. While individuals have the right to express themselves, this right does not extend to speech that incites violence, promotes hatred, or causes imminent harm to others. Additionally, the government may impose reasonable restrictions on the time, place, and manner of speech to protect public order and safety.
The interpretation and application of freedom of speech have evolved over time through legal precedents and societal changes. Courts and legal scholars have grappled with defining the boundaries of protected speech, particularly in cases involving controversial or offensive expression. The challenge lies in balancing the protection of individual rights with the need to maintain a peaceful and inclusive society.
In conclusion, the constitutional guarantee of freedom of speech is essential for fostering open dialogue, a diversity of viewpoints, and a well-informed citizenry. It empowers individuals to engage in public discourse, hold government officials accountable, and participate fully in the democratic process. By safeguarding this fundamental right, the First Amendment ensures that the United States remains a nation committed to the free exchange of ideas and the protection of civil liberties.
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Freedom of the press
The First Amendment explicitly states that "Congress shall make no law [...] abridging the freedom of speech, or of the press". This guarantees that the press has the right to publish content without prior restraint or censorship from the government. It also protects the ability of journalists to seek out and report information, ensuring a free flow of news and ideas.
The freedom of the press plays a critical role in American society. It enables journalists to act as watchdogs, scrutinising the actions of those in power and exposing wrongdoing. This helps to hold government officials accountable to the people they serve and promotes transparency in governance. By guaranteeing the right to publish without fear of reprisal, the First Amendment encourages a diverse and robust press capable of informing public opinion and fostering democratic debate.
While the freedom of the press is a cornerstone of American democracy, it has been the subject of much debate and legal interpretation. Courts have ruled that generally applicable laws do not violate the First Amendment simply because they incidentally affect the press. However, laws that specifically target the press or treat different media outlets differently may violate the amendment. The exact extent of the freedom of the press and the protections it affords continue to be the subject of legal discussion and interpretation.
The First Amendment's protection of the press also extends to defamation law. In New York Times Co. v. Sullivan, the Supreme Court ruled that the First Amendment protected good-faith defamation, acknowledging the role of the press in society. This ruling set a precedent for balancing free speech and press freedoms with the rights of individuals, further emphasising the importance of a free and independent press in the United States.
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Right to peaceably assemble
The right to peaceably assemble is a fundamental human right, political right, and civil liberty. It is often referred to as the freedom of assembly, which is included in the Universal Declaration of Human Rights and the constitutions of several countries, including the United States, Ireland, Russia, and Taiwan.
The First Amendment of the United States Constitution guarantees the right of the people "peaceably to assemble and to petition the Government for a redress of grievances." This right protects the ability of individuals to gather peacefully and collectively express, promote, pursue, and defend their ideas. It is particularly important for dissenting and unorthodox groups, including civil rights groups, religious organizations, and labor activists, as it allows them to protest against prevailing norms and petition the government for change.
The right to peaceably assemble is closely related to the rights of free speech and a free press, as recognized by the Supreme Court in its 1937 decision in De Jonge v. Oregon. This case involved Dirk De Jonge, who was convicted under an Oregon law prohibiting "criminal syndicalism" for teaching Communist doctrine to a group of people. The Supreme Court reversed the conviction, ruling that "the holding of meetings for peaceable political action cannot be proscribed." This decision affirmed the protection of peaceful assembly, even when the ideas expressed may be unpopular or controversial.
The right to peaceably assemble has been invoked in numerous significant civil rights cases in the United States, such as Edwards v. South Carolina in 1963. In this case, nearly 200 African-American students marched from a church to the statehouse in South Carolina, protesting segregation. Despite the potential for arrest and retaliation, the students stood firm in their right to assemble and petition the government for change. This case set a precedent for other civil rights leaders who faced similar challenges while leading peaceful marches and assemblies.
The freedom of assembly is a crucial aspect of a democratic society, allowing individuals to come together and express their views without fear of arrest or censorship. It empowers citizens to collectively advocate for change and hold their governments accountable. By guaranteeing the right to peaceably assemble, constitutional amendments ensure that individuals have the space and protection to engage in peaceful protests, marches, and gatherings, contributing to a more inclusive and responsive society.
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Right to petition the government
The right to petition the government is a fundamental principle in the United States, outlined in the First Amendment to the US Constitution. This right guarantees the freedom for individuals or groups to make requests or express grievances to the government without fear of retribution. The First Amendment specifically prohibits Congress from infringing upon "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances".
The right to petition extends beyond simply submitting a request or complaint; it encompasses the legal right to sue the government and hold them accountable in courts of law. This right is not limited to the federal level but applies to all departments of the government, including state and federal courts, legislatures, and executive branches. The Petition Clause, as it is known, protects individuals' rights to appeal to courts and other government-established forums to resolve legal disputes.
Historically, the right to petition has played a significant role in advocating for social change. For example, in the 19th century, over 130,000 citizens signed and sent more than a thousand petitions to Congress calling for an end to slavery. While these petitions were initially ignored due to gag rules, former president John Quincy Adams and other representatives successfully fought for the repeal of these rules, citing the Constitutional right to petition the government.
The right to petition is not just an American invention. Blackstone's Commentaries, which were influential in the Thirteen Colonies, recognised "the right of petitioning the king, or either house of parliament, for the redress of grievances" as a fundamental freedom. This right was also cited in the Declaration of Independence, where the colonists listed their grievances against King George, claiming that their repeated petitions had been ignored, justifying their declaration of independence.
While the right to petition is a cornerstone of democracy, it is not without its limitations. The Supreme Court has ruled that this right does not grant absolute immunity, as seen in the McDonald v. Smith case, where defamatory statements made in a petition to the government were not protected. Additionally, the Court has clarified that the right to petition does not include a requirement for the government to listen to or respond to members of the public.
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Frequently asked questions
The US Constitution can be amended by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures. A proposed amendment becomes part of the Constitution once it is ratified by three-fourths of the States.
The certification of a constitutional amendment in the US is the responsibility of the Archivist of the United States. The certification document contains a list of the states that ratified the amendment and is used to keep an official record.
The First Amendment guarantees freedom of speech, freedom of the press, and the right to peaceably assemble and petition the government. The Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States" and provided equal protection under the laws.
In countries like Ireland, Estonia, and Australia, constitutional amendments originate as bills and become laws through acts of parliament, often requiring approval through a referendum. In the US, a proposed amendment originates as a joint resolution of Congress that does not require the President's signature or approval.
Amendments to the Tennessee State Constitution can be proposed through the legislature or by constitutional convention. Proposed amendments must be approved by a majority of voters in a referendum and go through multiple readings with an absolute majority before being put on the ballot in the next gubernatorial election.
