Eleanor Finch
The first five amendments to the US Constitution, known as the Bill of Rights, were ratified on December 15, 1791. The first ten amendments were proposed by Congress and ratified by the Legislatures of several states. The first amendment guarantees freedom of religion, speech, press, assembly, and petition. The second amendment states that a well-regulated militia is necessary for the security of a free state, and protects the right to keep and bear arms. The third amendment prohibits the quartering of soldiers in civilian homes without consent. The fourth amendment protects citizens against unreasonable searches and seizures, requiring warrants to be supported by probable cause. The fifth amendment includes provisions on grand jury, double jeopardy, self-incrimination, and due process. These amendments form the foundation of individual liberties and rights in the United States.
| Characteristics | Values |
|---|---|
| First Amendment | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |
| Second Amendment | 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. |
| Third Amendment | No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner; nor in time of war, but in a manner to be prescribed by law. |
| Fourth Amendment | The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
| Fifth Amendment | Grand Jury, Double Jeopardy, Self-Incrimination, Due Process |
| Sixth Amendment | Provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer. |
| Seventh Amendment | Extends the right to a jury trial in Federal civil cases. |
| Eighth Amendment | Bars excessive bail and fines and cruel and unusual punishment. |
Explore related products
What You'll Learn
Freedom of religion
The First Amendment to the United States Constitution includes two provisions concerning religion: the Establishment Clause and the Free Exercise Clause.
The Establishment Clause prohibits the government from establishing a national religion. This means that Congress cannot impose a religion on the people, nor can it interfere with existing church-state relations in the individual states. The precise definition of "establishment" is unclear, but historically it referred to prohibiting state-sponsored churches, such as the Church of England.
The Free Exercise Clause guarantees the freedom to exercise religious beliefs. This means that Congress cannot make any laws that prohibit the free exercise of religion. This clause ensures that individuals are free to practise their chosen religion without government interference.
The First Amendment's protection of religious freedom is a fundamental aspect of the Bill of Rights, ensuring that citizens are free to hold and practise their religious beliefs without government imposition or restriction. This freedom of religion is a key civil liberty that distinguishes the United States' system of government from those that impose a state religion or restrict religious practices.
The Establishment and Free Exercise Clauses work together to create a separation between church and state, allowing for religious diversity and freedom of conscience in the United States. This separation is a key feature of the country's constitutional framework, ensuring that the government remains neutral on religious matters and protecting against religious discrimination.
Understanding India's 7th Constitutional Amendment
You may want to see also
Freedom of speech
The inclusion of freedom of speech in the First Amendment was not a given, however. After the 1787 Constitutional Convention, several states refused to ratify the new Constitution because it lacked a Bill of Rights. They only agreed to sign off on the new plan for the American government if Congress promised to add protections for freedom of speech, religion, and the press.
The free speech clause of the First Amendment has been interpreted by the Supreme Court in numerous cases over the years. For example, in Texas v. Johnson, the Court held that burning an American flag was protected by the First Amendment. Similarly, in Tinker v. Des Moines Independent School District, the Court found that wearing a black armband to protest the Vietnam War was also protected. However, in Brandenburg v. Ohio, the Court held that inciting a crowd to violence was not protected speech.
While the First Amendment guarantees freedom of speech, it does not provide for absolute or perfect freedom to say whatever one wishes. The Supreme Court has made clear that the First Amendment's central promise is that "debate on public issues should be uninhibited, robust, and wide-open". This means that while individuals are free to express their opinions and ideas, they cannot incite "immediate lawless action" without consequence.
Abolishing Slavery: The Thirteenth Amendment's Historic Addition
You may want to see also
Freedom of assembly
The First Amendment of the United States Constitution guarantees freedom of assembly, alongside freedom of speech, freedom of the press, and the right to petition the government. The right to assemble is a fundamental freedom that allows people to gather together in public spaces for various purposes, including meetings, speeches, parades, protests, picketing, and demonstrations. This freedom is essential for democratic collective action and political participation.
The text of the First Amendment states that "Congress shall make no law [...] abridging [...] the right of the people peaceably to assemble". This means that Congress cannot pass laws that restrict or prevent people from assembling peacefully. The amendment protects the civil liberties of individuals to come together and express their views, engage in political action, and collectively support a cause or idea.
While the First Amendment guarantees the right to assemble, it is not without limitations. The Supreme Court has recognised that the freedom to assemble can be regulated by the government to maintain order and prevent chaos. For example, permits may be required for large gatherings or protests to ensure public safety and avoid potential conflicts between opposing groups. However, the requirement for permits has also been criticised as a potential tool for authorities to suppress unpopular opinions or prevent certain groups from assembling.
The right to assemble is closely linked to the rights to free speech and free press, often referred to as "freedom of expression". While assembly and petition are considered subsumed within the broader right of free speech, some scholars argue that treating them as singularly expansive ideas of speech undervalues their independent importance. The right to assemble, in particular, is unique in that it requires more than one individual to exercise it, and it includes preparatory activities leading up to the act of assembling, which the Supreme Court has recognised as the "right of association".
Amendments that Shaped Voting Rights in the US
You may want to see also
Explore related products
Right to bear arms
The Second Amendment, or Amendment Two, to the US Constitution, also known as "The Right to Keep and Bear Arms", was ratified on December 15, 1791. The amendment protects the right of Americans to possess weapons for the protection of themselves, their rights, and their property. The original text of the Second Amendment reads:
> "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 notion of average citizens possessing their own weapons predates the US Constitution. In the English Bill of Rights in 1689, for example, Parliament allowed all Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law." This law was later commented on by Sir William Blackstone in his Commentaries on the Laws of England, where he described the possession of weapons as an "auxiliary right", designed to support the core rights of self-defence and resistance to oppression, as well as the responsibility for the armed citizenry to protect their homeland.
Anti-Federalists were concerned about the shift of military authority from the states to the federal government, but Federalists dismissed these concerns, clarifying that the militias would still be functioning units. The mutual agreement was that, regardless of the federal government's military authority, citizens would have the right to possess and keep their own weapons.
In the 19th century, the right to keep and bear arms was not extended to individuals against state governments, as decided by the Supreme Court in 1876's United States v. Cruikshank. However, in a landmark Supreme Court decision in 2008, District of Columbia v. Heller, it was asserted that the Second Amendment protected the right of all individual citizens to keep and bear arms for self-defence, rather than solely for a state-run militia.
The Constitution: Amendments, an Ever-Changing Document?
You may want to see also
Protection from unreasonable searches
The Fourth Amendment of the US Constitution protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This amendment was ratified on December 15, 1791, and was created in response to increasing infringements on privacy in the colonies and in England.
At the time, "general warrants" in England authorized royal officials to search the belongings of anyone they suspected of being a political enemy, without needing a just cause. Similarly, in the colonies, "writs of assistance" allowed officials to conduct warrantless searches for untaxed items.
The Fourth Amendment states that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized". In other words, any search or seizure must be authorized by a judge, and must be justified by probable cause.
Searches and seizures must also be reasonable, and courts will consider the totality of the circumstances to determine if a search or seizure was justified. While the Fourth Amendment does not protect against all searches and seizures, only those deemed unreasonable under the law, it is an important safeguard for people's privacy and freedom from unreasonable government intrusions.
The amendment has been the subject of several significant court cases over the years, including Silverthorne Lumber Co. v. United States (1920) and Nardone v. United States (1939), which ruled that illegally seized evidence and evidence obtained through warrantless wiretaps, respectively, were inadmissible in court.
The Death Penalty and the Constitution
You may want to see also
Frequently asked questions
The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The Second Amendment states 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 states that "no Soldier shall, in time of peace be quartered in any house, without the consent of the Owner; nor in time of war, but in a manner to be prescribed by law."
