Simone Lawson
The Bill of Rights, which constitutes the first 10 amendments to the US Constitution, was proposed by Congress on September 25, 1789, and ratified on December 15, 1791. The last amendment in the Bill of Rights is the Tenth Amendment, which states that the Federal Government only has those powers delegated to it in the Constitution, and that all other powers are reserved for the states or the people. This amendment was designed to limit government power and protect individual liberties.
| Characteristics | Values |
|---|---|
| Number of Amendments | 10 |
| Date Proposed | September 25, 1789 |
| Date Ratified | December 15, 1791 |
| 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 | Safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant |
| Fifth Amendment | Provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials) |
| 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 |
| 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 |
| Ninth Amendment | States that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out |
| Tenth Amendment | States that the Federal Government only has those powers delegated to it in the Constitution |
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What You'll Learn
The first ten amendments
The Bill of Rights, the first ten amendments to the US Constitution, was proposed by Congress on September 25, 1789, and ratified on December 15, 1791. James Madison, then a member of the US House of Representatives, wrote the amendments to limit government power and protect individual liberties. The first ten amendments make up the Bill of Rights, which was added to the Constitution because the Federalists believed in a strong national government, while the Anti-Federalists wanted power to remain with state and local governments.
The First Amendment prohibits the government from establishing a religion or abridging the freedom of speech, the freedom of the press, the right to peaceably assemble, and the right to petition the government for a redress of grievances. The Second Amendment protects the right to keep and bear arms. The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes. The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property without a warrant.
The Fifth Amendment provides several protections for people accused of crimes, including the right to due process, protection against double jeopardy, and the right against self-incrimination. The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial by an impartial jury. The Seventh Amendment extends the right to a jury trial in federal civil cases. The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment.
The Ninth Amendment states that the listing of specific rights in the Constitution does not mean that people do not retain other rights not enumerated. The Tenth Amendment states that the federal government only has the powers delegated to it by the Constitution, and all other powers are reserved for the states or the people.
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The right to bear arms
The Second Amendment to the United States Constitution, often referred to as "the right to bear arms," was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights. The Second Amendment protects the right of Americans to keep and 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 notion of citizens possessing weapons for their defence predates the US Constitution. For instance, in the English Bill of Rights of 1689, Parliament allowed Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law." The Second Amendment was influenced by documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution, which asserted the right of citizens to arm themselves as fundamental.
The Second Amendment has been the subject of much debate and legal interpretation. In United States v. Cruikshank (1876), the Supreme Court ruled that the right to bear arms is not granted by the Constitution but exists independently of it. Later, in District of Columbia v. Heller (2008), the Supreme Court affirmed that the Second Amendment protects an individual's right to keep a gun for self-defence within their home. This ruling was reiterated in McDonald v. Chicago (2010), which clarified that the Second Amendment applies to state and local governments to the same extent as the federal government.
The Second Amendment continues to be a topic of political and social commentary, with some arguing for its importance in protecting individual liberties and others expressing concerns about gun violence and the potential for misuse.
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Freedom of religion
The First Amendment to the United States Constitution, part of the Bill of Rights, includes two provisions concerning freedom of religion: the Establishment Clause and the Free Exercise Clause. The First Amendment was one of 12 amendments proposed by the First Congress of the United States on September 25, 1789. Ten of these were ratified on December 15, 1791, and came to form what is known as the Bill of Rights.
The Establishment Clause prohibits the government from establishing a religion. The precise definition of "establishment" is unclear, but it has historically meant prohibiting state-sponsored churches, such as the Church of England. Today, the "Lemon" test, set forth by the U.S. Supreme Court in Lemon v. Kurtzman, governs what constitutes an "establishment of religion". Under this test, the government can assist religion only if:
- The primary purpose of the assistance is secular.
- The assistance must neither promote nor inhibit religion.
- There is no excessive entanglement between church and state.
The Free Exercise Clause protects citizens' right to practice their religion as they please, so long as the practice does not conflict with "public morals" or a "compelling" governmental interest.
The First Amendment was strongly influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties. James Madison, then a member of the U.S. House of Representatives, drafted the amendments to limit government power and protect individual liberties.
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Freedom of speech
The last amendment in the Bill of Rights is the Tenth Amendment, which states:
> The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
However, the First Amendment, which guarantees freedom of speech, is perhaps the most well-known and significant amendment in the Bill of Rights. It 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.
This amendment protects the natural right of citizens to speak and worship freely. It prohibits Congress from making laws that establish a national religion or restrict religious practice, and it safeguards the ability to assemble, organise, and petition the government. The freedom of speech protected by the First Amendment includes the right to express one's opinions and ideas without fear of government censorship or retaliation. This encompasses various forms of expression, such as verbal statements, written words, symbolic conduct, and even silent gestures.
The scope of freedom of speech is broad and extends beyond political speech to cover a wide range of topics and viewpoints, including those that may be unpopular, offensive, or controversial. It applies to individuals, the press, and other media organisations, allowing them to report news, express opinions, and engage in open discourse without governmental interference. This freedom is not absolute, however, and there are certain limitations, such as restrictions on speech that incites imminent lawless action or true threats of violence.
The First Amendment's protection of freedom of speech has been the subject of numerous court cases and legal interpretations over the years. For example, in West Virginia Board of Education v. Barnette (1943), the Supreme Court upheld the right of students not to salute the flag, recognising that constitutional rights extend beyond the schoolhouse gate. In Tinker v. Des Moines (1969), the Court affirmed the right of students to wear black armbands to school to protest a war, highlighting that students do not shed their rights at school.
In conclusion, while the Tenth Amendment is the last amendment in the Bill of Rights, the First Amendment's guarantee of freedom of speech is a cornerstone of American democracy, safeguarding the right to express oneself freely and shape public discourse without governmental restraint.
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Right to a fair trial
The last amendment in the original Bill of Rights is the Tenth Amendment, which states that the Federal Government only has those powers delegated to it by the Constitution. This was part of a series of amendments designed to limit government power and protect individual liberties. The Tenth Amendment was proposed by Congress on September 25, 1789, and ratified on December 15, 1791, along with the first nine amendments, to form the Bill of Rights.
The Sixth Amendment provides protections for people accused of crimes, including the right to a fair and speedy trial by an impartial jury. This amendment is a cornerstone of the American criminal justice system, ensuring that defendants have a chance to defend themselves in a timely manner and be judged by a jury of their peers.
The right to a fair trial is a fundamental aspect of the American legal system and is enshrined in the Sixth Amendment to the United States Constitution. This right guarantees that a person accused of a crime has the right to a speedy and public trial by an impartial jury. This means that the trial should be held without unnecessary delay and that the defendant has the right to a jury that is unbiased and free from prejudice.
The Sixth Amendment also grants the defendant the right to be informed of the nature and cause of the accusation, as well as the right to confront and cross-examine witnesses testifying against them. Additionally, the amendment provides the right to compulsory process, which allows the defendant to subpoena witnesses and evidence in their favour. These rights are essential to ensuring a fair and transparent legal process.
The right to a fair trial also includes protections against self-incrimination and the guarantee of due process. This means that a defendant cannot be forced to testify against themselves and that they are entitled to a fair and proper legal procedure. Overall, the Sixth Amendment plays a crucial role in safeguarding the rights of individuals accused of crimes and ensuring a fair and impartial trial process.
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Frequently asked questions
The Bill of Rights is the first ten amendments to the US Constitution.
The amendments were ratified on December 15, 1791.
The Tenth Amendment is the last amendment in the Bill of Rights.
The Tenth Amendment states that the Federal Government only has those powers delegated to it in the Constitution.
