Eleanor Finch
The first ten amendments to the United States Constitution, also known as the Bill of Rights, were ratified on December 15, 1791, and came into effect following the 1787–88 debate over the ratification of the Constitution. The amendments were written by James Madison to address the objections raised by Anti-Federalists and limit government power. They guarantee civil rights and liberties to individuals, such as freedom of speech, the right to publish, practice religion, possess firearms, assemble, and other natural and legal rights.
| Characteristics | Values |
|---|---|
| Date proposed | 25 September 1789 |
| Number of amendments proposed | 12 |
| Date ratified | 15 December 1791 |
| Number of amendments ratified | 10 |
| Name of the first 10 amendments | Bill of Rights |
| Purpose | To address objections raised by Anti-Federalists, to limit government power and to protect individual liberties |
| Rights guaranteed | Freedom of speech, right to publish, practice religion, possess firearms, assemble, due process, trial by jury, etc. |
| Other characteristics | Reinforces separation of powers and federalism, reserves powers not granted to the federal government to the states or the people |
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What You'll Learn
Freedom of speech, press, religion, and assembly
The first ten amendments to the US Constitution, known as the Bill of Rights, were ratified on December 15, 1791. They were proposed following the 1787–88 debate over the ratification of the Constitution, and written to address objections raised by Anti-Federalists. The amendments were crafted by Representative James Madison, who studied the deficiencies of the Constitution and proposed corrective measures to limit government power and protect individual liberties.
The First Amendment of the US Constitution guarantees several freedoms, including freedom of speech, freedom of the press, freedom of religion, and freedom of assembly.
Freedom of speech is protected by the First Amendment, which prohibits Congress from abridging the freedom of speech of citizens. This right has been extended to various media, including newspapers, books, plays, movies, and video games. The Supreme Court has consistently refused to recognize the First Amendment as providing greater protection to institutional media than to other speakers.
The First Amendment also guarantees freedom of the press. This includes the right to publish and distribute information without interference or censorship from the government. This right is closely related to freedom of speech and is considered a natural right.
Freedom of religion is another key aspect of the First Amendment. It ensures that Congress can make no law respecting an establishment of religion or prohibiting its free exercise. The government must remain neutral in matters of religion and cannot promote or aid any particular religion or religious theory. The First Amendment also protects the free exercise of religion, which includes the liberty to hold and practice religious beliefs according to one's conscience.
Lastly, the First Amendment guarantees the right of the people to peaceably assemble and petition the government for a redress of grievances. This right to assemble and organize is essential for citizens to collectively express their views and influence the government.
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Right to bear arms
The Second Amendment of the United States Constitution, also known as the "Right to Bear Arms," is one of the first ten amendments that form the Bill of Rights. It was passed by Congress on September 25, 1789, and ratified on December 15, 1791, along with the other nine amendments that make up the Bill of Rights.
The Second 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." This amendment has been the subject of much debate and interpretation over the years, with scholars, Supreme Court justices, and historians offering their opinions on its meaning and scope.
At its core, the Second Amendment protects an individual's right to possess firearms. This right was understood by the American colonists as a fundamental one, rooted in English history. The amendment guarantees that people have the right to "possess and carry weapons in case of confrontation." It is important to note that this right is not limited to those who are part of a militia, but rather extends to all individuals.
The Supreme Court has played a significant role in interpreting the Second Amendment. In the case of District of Columbia v. Heller (2008), the Court analysed the meaning of "keep and bear arms." Justice Antonin Scalia, writing for the majority, defined "arms" as "weapons that were not specifically designed for military use and were not employed in a military capacity." The Court's opinion was that the Second Amendment extends to "all instruments that constitute bearable arms, even those that were not in existence at the time of the founding."
The Second Amendment has also been interpreted as a way to prevent the need for a professional standing army in the United States. Alexander Hamilton argued this point in the Federalist Papers. Additionally, during the Constitutional Convention, the Framers recognised the importance of a citizen militia to resist a potentially oppressive military if the constitutional order broke down.
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Protection from quartering soldiers
The Third Amendment to the United States Constitution is one of the least controversial and least cited sections of the Constitution. It 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." In other words, the federal government cannot house soldiers in a person's home without their consent. This amendment was included in the Bill of Rights, which comprises the first ten amendments to the Constitution, to avoid future problems with quartering soldiers.
The Third Amendment was passed by Congress on September 25, 1789, and ratified on December 15, 1791, along with the other amendments in the Bill of Rights. It was proposed by James Madison, who crafted a series of corrective proposals to address the deficiencies of the Constitution pointed out by Anti-Federalists. Madison's proposal included a prohibition against quartering troops in private homes, which passed Congress almost unchanged and by unanimous vote.
The Third Amendment has rarely been litigated and, to date, has never been the primary basis of a Supreme Court decision. However, it was the basis of the Court of Appeals for the Second Circuit case Engblom v. Carey in 1982. In addition, it has been invoked in a few instances to establish an implicit right to privacy in the Constitution. For example, in Custer, several parties sued the Federal Aviation Administration (FAA) over military aircraft flying above their properties, arguing that the flyovers violated their Third Amendment rights by "appropriating [their] property interests and invading [their] privacy for military purposes during peacetime without their consent." However, the 10th Circuit Court of Appeals ruled that the FAA's actions were constitutional, as the Framers did not intend for the Third Amendment to prevent the military from using airspace above private property with the owner's consent.
The Third Amendment clarifies two situations related to the quartering of soldiers. Firstly, in times of peace, the government cannot make someone quarter soldiers in their home without their consent. Secondly, during a war, Congress could pass a law regarding quartering soldiers in private homes, and the military would have to follow the rules laid out by Congress.
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Protection from unreasonable searches
The Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures by the government. This amendment was added to the Constitution to limit government power and protect individual liberties, particularly the right to privacy and freedom from unreasonable intrusion.
The Fourth Amendment requires the government to obtain a warrant based on probable cause to conduct a legal search and seizure. This warrant must be supported by oath or affirmation, and it must specifically describe the place to be searched and the persons or things to be seized. However, the Supreme Court has carved out several exceptions to the warrant requirement. For example, warrantless searches and seizures of objects in plain view do not constitute seizures within the meaning of the Fourth Amendment. In addition, school officials can search a student under their authority without a warrant, as long as the search is reasonable under the circumstances.
The Fourth Amendment's protection against unreasonable searches and seizures also applies to arrests and the collection of evidence. It is based on the concept of "reasonable expectation of privacy," which means that the Fourth Amendment protects people, not places. This means that individuals must exhibit an actual expectation of privacy that society recognises as reasonable. For example, a person entering a phone booth to make a call seeks to exclude "the uninvited ear" and does not shed their right to privacy simply because they can be seen.
The Fourth Amendment does not protect against all searches and seizures, only those deemed unreasonable under the law. Courts balance the intrusion on an individual's Fourth Amendment rights against legitimate government interests, such as public safety, to determine whether a search or seizure is reasonable. The extent of an individual's protection under the Fourth Amendment also depends on the location of the search or seizure. For example, searches and seizures inside a home without a warrant are presumptively unreasonable.
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Separation of powers and federalism
The first ten amendments to the United States Constitution, known as the Bill of Rights, were ratified on December 15, 1791. These amendments were proposed following the 1787–88 debate over the ratification of the Constitution, during which Anti-Federalists raised several objections. The Bill of Rights adds specific guarantees of personal freedoms and limits the government's power in judicial and other proceedings.
The Tenth Amendment, in particular, reinforces the principles of separation of powers and federalism. It clarifies that any powers not specifically granted to the federal government by the Constitution, nor prohibited to the states, are reserved for the states or the people. This amendment does not grant new powers or rights to the states but preserves their authority in matters not explicitly granted to the federal government or forbidden to the states.
The Tenth Amendment originated from the debates surrounding the inclusion of a bill of rights in the Constitution. Some argued that the Constitution was designed to limit the scope of the federal government, rendering a bill of rights unnecessary. The amendment has been interpreted as a limitation on the federal government's power, specifying that it is largely limited and enumerated. Several Supreme Court decisions have invoked the Tenth Amendment to determine if the federal government operated within or exceeded its authority.
The concept of separation of powers is derived from the text and structure of the Constitution. The Framers, influenced by their experience with the British monarchy, believed that concentrating governmental powers in a single entity would lead to arbitrary and oppressive rule. To preserve individual liberty, they established a separate and independent branch of the Federal Government to exercise each of the three basic functions: legislative, executive, and judicial.
The Legislative Power of the Federal Government is vested in Congress, the Executive Power in the President, and the Judicial Power in the Supreme Court and any lower courts created by Congress. Each branch of government is designed to check the power of the other two, and they are all dependent on the people, who are the source of legitimate authority.
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Frequently asked questions
They are called the Bill of Rights.
The Bill of Rights spells out Americans' rights in relation to their government. It guarantees civil rights and liberties to individuals, such as freedom of speech, press, and religion.
The first ten amendments were proposed in 1789 and ratified on December 15, 1791.
James Madison proposed the first ten amendments, also known as the Bill of Rights.
The Tenth Amendment emphasizes that powers not granted to the federal government nor prohibited to the states are reserved for the states or the people.
