Simone Lawson
The US Constitution, with its amendments, has played a pivotal role in defining and securing the rights and freedoms of Americans. The Bill of Rights, comprising the first ten amendments, was added to limit government power and protect individual liberties, such as freedom of speech and worship. The Fourteenth Amendment, with its Citizenship Clause, further clarified who is a citizen of the United States, though the interpretation of rights and freedoms has evolved over time, with issues like slavery, gender equality, and state versus federal power influencing the legal understanding of what constitutes a free person in the context of the Constitution.
| Characteristics | Values |
|---|---|
| Freedom of speech and worship | Protected by the First Amendment |
| Freedom from government intrusion in the home | Protected by the Fourth Amendment |
| Freedom from unreasonable searches and seizures | Protected by the Fourth Amendment |
| Freedom to keep and bear arms | Protected by the Second Amendment |
| Freedom from soldiers being quartered in a person's house without consent | Protected by the Third Amendment |
| Freedom to follow a lawful employment | Dissented by Justice Bradley in Slaughterhouse |
| Freedom from discrimination on the basis of sex and poverty | Still unsettled by the Supreme Court |
| Freedom from slavery | Interpreted by abolitionists as protecting the rights of all citizens |
| Freedom of movement | Regulated by varying state and local laws |
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What You'll Learn
The Bill of Rights and the limits of government power
The US Constitution was written in 1787, creating a federal system with a national government composed of three separate powers, with reserved and concurrent powers of states. The Bill of Rights, written by James Madison, constitutes the first ten amendments to the Constitution. Madison's motivation was to limit government power and protect individual liberties. The Bill of Rights was added to the Constitution because the Constitution lacked limits on government power. Federalists advocated for a strong national government, while Anti-Federalists wanted power to remain with state and local governments, favouring a bill of rights to safeguard individual liberty.
The First Amendment protects the freedom of speech and religion. Congress is prohibited from making laws establishing a religion or impeding free speech. The Second Amendment protects the right to bear arms, stating that "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 Third Amendment ensures that no soldier can be housed in a private home without the owner's consent, except as prescribed by law during wartime. The Fourth Amendment protects citizens' right to privacy, stating that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated". It also requires warrants to be issued only with probable cause.
The Bill of Rights also includes other protections such as due process and trial by jury. Madison also defended the checks and balances system in the Constitution, where each branch of government is framed so that its power checks the power of the other two branches. Each branch of government is dependent on the people, who are the source of legitimate authority.
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The right to free speech and worship
The concept of a "free person" in the US Constitution is enshrined in the Bill of Rights, which comprises the first ten amendments to the Constitution. These amendments were designed to limit government power and protect individual liberties, including the right to free speech and worship.
The Founding Fathers, including James Madison, believed that the ability to speak and worship freely was a natural right that should be protected by the Constitution. The First Amendment was crafted to safeguard these freedoms and prevent the government from imposing any religious beliefs or restrictions on its citizens.
In addition to protecting religious freedom, the First Amendment also guarantees the freedom of speech, including the freedom of the press. This means that individuals are free to express their ideas and opinions without fear of censorship or retaliation from the government. It also ensures a free and open exchange of information and ideas, which is essential for a democratic society.
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The right to be free from government intrusion
The US Constitution was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states. It was designed to replace the Articles of Confederation with a new form of government. The Constitution created a federal system with a national government composed of three separate powers, with both reserved and concurrent powers of states.
The first draft of the Constitution set up a system of checks and balances that included a strong executive branch, a representative legislature, and a federal judiciary. However, it was criticised for not including a bill of rights. The Federalists opposed including a bill of rights on the grounds that it was unnecessary. On the other hand, the Anti-Federalists, who were afraid of a strong centralised government, refused to support the Constitution without one.
James Madison, a member of the US House of Representatives, altered the Constitution's text and presented his changes as a list of amendments that would follow Article VII. The House approved 17 amendments, of which the Senate approved 12, which were sent to the states for approval in August 1789. Ten amendments were approved (or ratified) and became known as the Bill of Rights.
The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes and, more broadly, their persons, papers, and effects. This right is protected by the requirement of a warrant, which can only be issued upon probable cause, supported by oath or affirmation, and with a particular description of the place to be searched and the persons or things to be seized.
The Bill of Rights established soaring principles that guaranteed fundamental rights in very general terms. The right to be free from unwarranted and unwanted government intrusion into one's personal and private affairs, papers, and possessions is a crucial aspect of individual liberty and freedom.
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The right to follow any lawful employment
The right to pursue any lawful employment is a fundamental aspect of a free society as envisioned by the US Constitution. This right is enshrined in the Constitution's protection of individual liberty and limited government power. The first ten amendments to the Constitution, known as the Bill of Rights, were added specifically to limit the government's power and protect individual freedoms.
The right to pursue any lawful employment is closely tied to the concept of economic liberty, which is not explicitly mentioned in the Constitution but is implied through various amendments and court interpretations. The Fourteenth Amendment, for example, has been invoked in federal court opinions to challenge occupational regulations that favour incumbents, arguing that economic protectionism is not a valid rationale for upholding such restrictions.
While the right to pursue any lawful employment is generally accepted, the specifics of this right have been the subject of debate and litigation. For instance, in the case of Ferguson v. Skrupa, a state law limiting the profession of debt-adjusting to lawyers was upheld, while in Williamson, a similar regulation regarding eye care was struck down. The Texas Supreme Court's decision in Patel v. Texas Department of Licensing & Regulation is also notable, as it invalidated a requirement for eyebrow threaders to obtain a costly and irrelevant cosmetology license.
The interpretation and protection of the right to pursue any lawful employment continue to evolve. Some scholars argue that a liberal-controlled Supreme Court may be more willing to aggressively review occupational restrictions challenged under the Due Process Clause. Additionally, the original intent of the Founding Fathers, as reflected in the Federalist Papers, was to create a system of checks and balances to prevent any branch of government from having excessive power over the people's liberties.
In conclusion, the right to follow any lawful employment is a fundamental aspect of a free society as envisioned by the US Constitution. This right has been interpreted and protected through various amendments, court decisions, and political philosophies. While there may be disagreements about the specifics, the underlying principle of economic liberty and the ability to pursue one's chosen occupation remains a cornerstone of individual freedom in the United States.
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The rights of freed slaves and citizenship
The US Constitution, as originally adopted, assumes citizenship of the United States and of the States, but does not explicitly define who is a citizen. The 13th Amendment, ratified in December 1865, abolished slavery but did not address the rights of newly freed African Americans. To resolve this, Congress passed the 14th Amendment, which contained key provisions on citizenship, civil rights, and federal power.
The 14th Amendment established birthright citizenship, stating that "all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This marked a significant shift towards equality for African Americans, who had been legally defined as property rather than citizens under slavery. However, it did not include Native Americans, who were only granted citizenship in 1924 with the Indian Citizenship Act.
The 14th Amendment also guaranteed that no state could make or enforce any law that abridged the privileges or immunities of US citizens. It ensured that citizens could not be deprived of life, liberty, or property without due process and that all citizens were entitled to equal protection under the law. These protections extended to African Americans, who could now legally claim the same constitutional rights as all other citizens.
Despite the passage of the 14th Amendment, the struggle for equal rights and enforcement of these protections continued. Southern states passed Black Codes, which restricted the civil rights of newly freed African Americans and imposed forced labour. It took the combined efforts of the Republican Party, led by President Abraham Lincoln, and legislative action such as the Civil Rights Act of 1866, to challenge discriminatory laws and uphold the rights guaranteed by the 14th Amendment.
In conclusion, the rights of freed slaves and citizenship were addressed through the 13th and 14th Amendments, establishing birthright citizenship and protecting the civil rights of all citizens. However, the enforcement of these rights faced resistance and required ongoing efforts to uphold the promise of equality enshrined in the Constitution.
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Frequently asked questions
To be a free person in the US Constitution means to have certain rights and liberties that are protected by law. These include the freedom of speech and worship, as well as the right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures.
The US Constitution has a citizenship clause that defines who is a citizen of the United States. According to the Fourteenth Amendment, US citizenship is granted to those who are born in the United States and subject to its jurisdiction, as well as those who are born outside the country and have been naturalized.
The interpretation of freedom and citizenship has evolved since the time of slavery. Initially, the courts held that US citizenship was limited to white persons born in the country and those who had migrated and been naturalized. However, with the abolition of slavery and the passing of amendments, the focus shifted towards protecting the rights of all Americans, regardless of race or color. Despite these changes, issues of discrimination based on sex and poverty continue to be addressed in Supreme Court cases.
