Jonah Patel
The US Constitution has 27 amendments, the first 10 of which are collectively known as the Bill of Rights. The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. The amendments in the Bill of Rights include the freedom of religion, freedom of speech, freedom of the press, freedom of assembly, the right to keep and bear arms, and protection from unreasonable search and seizure. Other amendments outside of the Bill of Rights that add personal freedoms to the Constitution include the Sixth Amendment, which provides additional protections for people accused of crimes, and the Eighth Amendment, which bars cruel and unusual punishment.
| Characteristics | Values |
|---|---|
| First Amendment | Freedom of religion, freedom of speech, freedom of the press, and freedom of assembly |
| Second Amendment | Right to keep and bear arms |
| Third Amendment | Restricts housing soldiers in private homes |
| Fourth Amendment | Protects against unreasonable search and seizure |
| Fifth Amendment | Protects against self-testimony, being tried twice for the same crime, and the seizure of property under eminent domain |
| 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 included |
| Tenth Amendment | States that the Federal Government only has those powers delegated in the Constitution |
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What You'll Learn
Freedom of religion
The First Amendment to the US Constitution, part of the Bill of Rights, includes the Establishment Clause and the Free Exercise Clause, which together protect the freedom of religion. The Establishment Clause prohibits the government from establishing an official religion or favouring one religion over another. The Free Exercise Clause protects the right to practice one's religion without government interference.
The First Amendment was proposed by the First Congress of the United States on September 25, 1789, along with 11 other amendments. Of these, 10 were ratified by three-fourths of the state legislatures on December 15, 1791, and came to be known as the Bill of Rights. The First Amendment was written to limit government power and protect individual liberties, including the freedom to worship freely.
The Establishment Clause and the Free Exercise Clause have been the subject of much interpretation and debate over the years, with the Supreme Court providing guidance on how they should be applied in practice. For example, in Engel v. Vitale, the Supreme Court applied the Establishment Clause to prohibit state-sponsored schools from promoting or affiliating with a particular religion.
In addition to freedom of religion, the First Amendment also protects freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government for a redress of grievances. These freedoms are considered natural rights and are protected by the Bill of Rights to limit government power and protect individual liberties.
Other amendments in the Bill of Rights that add personal freedoms include the Fourth Amendment, which protects citizens' right to privacy and freedom from unreasonable government intrusion through the requirement of a warrant. 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 deny or disparage other rights retained by the people. These amendments, along with the First Amendment, form the foundation of individual liberties and limits on government power in the United States.
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Freedom of speech
The First Amendment, Amendment One to the US Constitution, protects the freedom of speech. It was ratified on December 15, 1791, and states that "Congress shall make no law...abridging the freedom of speech".
The First Amendment also protects the free exercise of religion, freedom of the press, and the right to peaceably assemble and petition the government. The US Supreme Court has struggled to define what constitutes protected speech, and has made decisions on a case-by-case basis. Examples of protected speech include students wearing black armbands to school to protest a war, and using offensive words and phrases to convey political messages. Examples of unprotected speech include commercial advertising, defamation, obscenity, and interpersonal threats.
The Bill of Rights, which includes the First Amendment, was added to the Constitution to limit government power and protect individual liberties. The first ten amendments were ratified on December 15, 1791, and form the Bill of Rights. James Madison wrote the amendments, which were proposed by the First Congress of the United States on September 25, 1789.
The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not retain other rights that are not explicitly mentioned. The Tenth Amendment further reinforces the limited power of the federal government, stating that it only has the powers delegated to it by the Constitution.
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Freedom of assembly
The First Amendment of the US Constitution, part of the Bill of Rights, protects the right of the people to "peaceably assemble". This amendment was ratified on December 15, 1791, and states that "Congress shall make no law [...] abridging the [...] right of the people peaceably to assemble, and to petition the Government for a redress of grievances". This right to assemble is often considered to be a component of the right to free speech, or "freedom of expression", and is protected by the Supreme Court.
The right to assemble is one of the "Four Freedoms", along with speech, press, and religion. This right allows people to gather for peaceful political action, and the Supreme Court has recognised that it extends to the preparatory activity leading up to the assembly, creating a "right of association". The right to assemble is also linked to the right to petition, which has been a part of legal heritage for 800 years, dating back to the Magna Carta in 1215.
Despite its importance, the right to assemble has been neglected in recent times, with the Supreme Court failing to decide a case on these grounds for over 40 years. This is partly due to the expansion of the Free Speech Clause, which has caused the right to assemble to be undervalued and treated as an afterthought.
The Bill of Rights, comprising the first ten amendments to the Constitution, was added to limit government power and protect individual liberties. The amendments were written by James Madison, then a member of the US House of Representatives, and proposed by the First Congress of the United States on September 25, 1789.
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Right to keep and 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. It protects the right of Americans to possess weapons for their protection, the defence of their rights, and the defence of their property. 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 notion of average citizens possessing weapons predates the US Constitution. In the English Bill of Rights of 1689, Parliament allowed all Protestant English citizens to "have arms for their defence suitable to their conditions and as allowed by law." This right was described by Sir William Blackstone in his "Commentaries on the Laws of England" as an "auxiliary right" designed to support the core rights of self-defence and resistance to oppression, as well as the responsibility of armed citizens to protect their homeland.
During the colonial and revolutionary periods in America, legal documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution also asserted the right of citizens to arm themselves as fundamental. After the American Revolution, one argument among the Constitution's framers was that oppressive regimes could use their large armies to oppress their people. In response, some asserted that each state should raise its own militia, composed of average citizens who would be granted the right to gather and possess armaments while receiving part-time military instruction and pay from their state governments.
The Second Amendment was originally applied only to the federal government. However, in the 19th century, major changes in the US military structure prompted debates about the future of the amendment. While Anti-Federalists expressed concerns about the shift of military authority from states to the federal government, Federalists maintained that militias would remain functioning units. The mutual agreement was that regardless of the federal government's military authority, citizens retained the natural-born right to possess and keep their weapons.
In the 20th and 21st centuries, political and social commentaries on the Second Amendment increased significantly. A landmark Supreme Court decision in 2008, District of Columbia v. Heller, 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.
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Protection from unreasonable search and seizure
The Fourth Amendment of the U.S. Constitution protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This means that people are protected from unreasonable intrusions by the government, with the ultimate goal of protecting their right to privacy.
The Fourth Amendment does not, however, guarantee protection from all searches and seizures, but only those deemed unreasonable under the law. Whether a search or seizure is considered reasonable is determined by balancing the individual's Fourth Amendment rights against legitimate government interests, such as public safety. For example, an officer may conduct a traffic stop if they have a reasonable suspicion that a traffic violation has occurred or that criminal activity is taking place.
Warrantless searches and seizures are generally presumed to be unreasonable unless they fall within certain exceptions. To obtain a warrant, law enforcement must demonstrate probable cause that a search or seizure is justified. However, in exigent circumstances, a warrant may not be required if obtaining one is impractical.
The Fourth Amendment also requires that warrants particularly describe the place to be searched and the persons or things to be seized. This means that, in most cases, a warrant is required for a search or seizure to be considered reasonable.
The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, an impartial jury, and to be informed of criminal charges. The Eighth Amendment also bars excessive bail and fines and cruel and unusual punishment. These amendments, along with the Fourth Amendment, work together to protect individuals' rights and freedoms.
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Frequently asked questions
The first ten amendments to the Constitution, also known as the Bill of Rights, guarantee specific freedoms and rights. Here are some examples:
- The First Amendment protects freedom of religion, speech, and the press, as well as the right to assemble and petition the government.
- The Second Amendment guarantees the right to keep and bear arms.
- The Fourth Amendment protects citizens' rights against unreasonable searches and seizures.
- The Fifth Amendment protects against self-incrimination and ensures due process of law.
In addition to the Bill of Rights, there are several other notable amendments that have been added to the Constitution over time. These include:
- The Thirteenth Amendment, which abolished slavery.
- The Fourteenth Amendment, which addresses civil rights.
- The Fifteenth Amendment, which guarantees the right to vote regardless of race, colour, or previous condition of servitude.
The amendments to the Constitution were proposed to limit government power and protect individual liberties. They address concerns that the original Constitution did not adequately protect certain basic rights. The Tenth Amendment, for example, clarifies that the Federal Government only has the powers delegated to it by the Constitution.
