Malcolm Rivera
The US Constitution, written in 1787, was amended in 1789 with the Bill of Rights, which guarantees civil rights and liberties to individuals. The first ten amendments to the Constitution, ratified in 1791, enumerate and safeguard several freedoms, including freedom of speech, religion, and the right to bear arms, while ensuring protections such as due process and trial by jury. The Ninth Amendment states that the listing of specific rights in the Constitution does not mean that people do not retain other rights that have not been explicitly mentioned.
| Characteristics | Values |
|---|---|
| Freedom of religion | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof |
| 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 |
| Freedom of assembly | The right of the people peaceably to assemble |
| Right to petition the government | The right of the people to petition the government for a redress of grievances |
| Right to keep and bear arms | The right of the people to keep and bear arms shall not be infringed |
| Right to security from the state | No soldier shall, in time of peace, be quartered in any house without the owner's consent |
| Right to security from unreasonable searches and seizures | The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated |
| Right to due process | Sets rules for due process of law |
| Right to trial by jury | Ensures protections such as trial by jury |
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What You'll Learn
Freedom of religion
The First Amendment to the US Constitution includes the Establishment Clause and the Free Exercise Clause, which together protect freedom of religion. The Establishment Clause prohibits the government from establishing a religion, while the Free Exercise Clause protects citizens' right to practice their religion as they please.
The precise definition of "establishment" is unclear, but it has historically meant prohibiting state-sponsored churches, such as the Church of England. Today, what constitutes an "establishment of religion" is often governed by the three-part test set forth by the US Supreme Court in Lemon v. Kurtzman (1971).
The Free Exercise Clause protects citizens' right to practice their religion, as long as it does not conflict with "public morals" or a "compelling" governmental interest. For example, in Prince v. Massachusetts (1944), the Supreme Court ruled that a state could require children to be vaccinated, even if their parents objected for religious reasons, as the state had an overriding interest in protecting public health and safety.
The First Amendment's protection of religious freedom is a fundamental part of the Bill of Rights, which was added to the Constitution to safeguard individual freedoms and limit government power. The Bill of Rights was written by James Madison, then a member of the US House of Representatives, and ratified in 1791.
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Freedom of speech
The First Amendment to the US Constitution protects freedom of speech. It states that "Congress shall make no law...abridging the freedom of speech". This amendment was one of the first ten amendments to the Constitution, which together form the Bill of Rights. James Madison wrote these amendments to limit government power and protect individual liberties.
The First Amendment has been interpreted to include the right not to speak, as in the case of West Virginia Board of Education v. Barnette (1943), where the Supreme Court ruled that students had the right not to salute the flag. The First Amendment also protects the right to engage in symbolic speech, such as wearing black armbands to school to protest a war.
However, the Supreme Court has also ruled that certain types of speech are not protected by the First Amendment. For example, in Bethel School District #43 v. Fraser (1986), the Court held that obscene speech at a school-sponsored event was not protected. Similarly, in Morse v. Frederick (2007), the Court found that advocating illegal drug use at a school-sponsored event was not protected speech.
The interpretation of what constitutes protected speech under the First Amendment continues to evolve as the Supreme Court hears new cases and considers the application of the amendment in various contexts.
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Freedom of the press
The First Amendment to the US Constitution enumerates freedom of the press, stating that "Congress shall make no law... abridging the freedom of speech, or of the press". This amendment was ratified in 1791, and it protects the freedom of the press from governmental interference.
The concept of freedom of the press was not always so clear. In the Thirteen Colonies, before the signing of the Declaration of Independence, newspapers and printed works were often subject to a series of regulations. The British authorities attempted to control the printing presses, often charging publishers with sedition and libel. One of the earliest cases concerning freedom of the press was in 1734, when John Peter Zenger, publisher of The New York Weekly Journal, was acquitted of libel against British governor William Cosby.
Despite the First Amendment, there have been attempts to stifle press freedom in the US. In 1798, the governing Federalist Party passed the Alien and Sedition Acts, which made it a crime to make "false, scandalous and malicious" statements about Congress or the president. These acts were very unpopular and led to the party's downfall. In 1917, the Espionage Act imposed restrictions on the press during wartime, with the Sedition Act of 1918 amending it to include fines and imprisonment for those publishing "disloyal, profane, scurrilous, or abusive language" about the US government or military.
The US Supreme Court has played a significant role in interpreting and upholding freedom of the press. In 1936, the Court held that a tax exclusively on newspapers violated freedom of the press. In 1938, Chief Justice Charles Evans Hughes defined the press as "every sort of publication which affords a vehicle of information and opinion". In 1964, the Court ruled that when a publication involves a public figure, the plaintiff must prove that the publisher acted with actual malice or reckless disregard for the truth. In 1972, freedom of the press was described as "a fundamental personal right", and in 1978, Justice Potter Stewart acknowledged the critical role played by the press in American society.
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Right to keep and bear arms
The Second Amendment of the United States Constitution enumerates the right to keep and bear arms. 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 language of the Second Amendment has been the subject of considerable debate, with some interpreting it as creating an individual constitutional right to possess firearms. This interpretation, known as the "individual right theory," holds that the US Constitution restricts legislative bodies from prohibiting firearm possession or, at the very least, renders prohibitory and restrictive regulations presumptively unconstitutional.
On the other hand, some scholars argue for a "collective rights theory," asserting that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies have the authority to regulate firearms without violating a constitutional right. The Supreme Court adopted this approach in United States v. Miller (1939), determining that Congress could regulate a sawed-off shotgun under the National Firearms Act of 1934 because it did not bear a "reasonable relationship to the preservation or efficiency of a well-regulated militia."
The Second Amendment has been the subject of several court cases that have further shaped its interpretation. In McDonald v. City of Chicago (2010), the Court held that the Second Amendment applies to the states through the incorporation doctrine, strengthening Second Amendment protections. In another case, the Court ruled that a Second Amendment analysis should evaluate the historical nature of the right and whether a given use of a firearm is deeply rooted in US history.
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Protection from unreasonable searches and seizures
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. This amendment was ratified in 1791 as part of the Bill of Rights. The Fourth Amendment reflects the Framers' intent to avoid unjust searches and seizures, which they had experienced under English rule. It prevents the federal and state governments from conducting unreasonable searches and seizures.
The Fourth Amendment safeguards the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. This means that police cannot search a person without a warrant or probable cause. The amendment also applies to arrests and the collection of evidence. The warrant itself must be 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 is often viewed as consisting of two clauses. The first clause protects people's right to privacy and freedom from unreasonable intrusions by the government. The second clause requires the government to obtain a warrant based on probable cause to conduct a legal search and seizure. However, the Supreme Court has carved out numerous exceptions to the warrant requirement. For example, in some circumstances, warrantless seizures of objects in plain view do not constitute seizures within the meaning of the Fourth Amendment.
The Fourth Amendment is one of the most cherished and most threatened constitutional rights. The American Civil Liberties Union (ACLU) works to safeguard this right to privacy and security from police and government intrusion. They also use litigation to compel law enforcement to abide by proper probable cause and warrant requirements.
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Frequently asked questions
The Bill of Rights is the name given to the first ten amendments to the US Constitution. These amendments were ratified on December 15, 1791, and guarantee specific freedoms and rights.
The First Amendment guarantees freedom of religion, speech, the press, and assembly. It also protects the right to religious beliefs and practices, and prevents the government from creating or favouring a religion.
The Second Amendment protects the right to keep and bear arms. The Third Amendment prevents the government from housing soldiers in private homes. The Fourth Amendment protects against unreasonable search and seizure. The Fifth Amendment protects against self-testimony, being tried twice for the same crime, and the seizure of property under eminent domain. The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been explicitly stated.
