Proposed Amendments: Our Constitution's Evolution Since 1791

The US Constitution has been amended 27 times since its ratification in 1789. The first ten amendments, known as the Bill of Rights, were ratified in 1791. Since then, 17 more amendments have been added to the Constitution, with the most recent being the 27th Amendment, which was passed in 2016. The amendments to the Constitution have covered a wide range of topics, including voting rights, the election process, and the protection of individual liberties.

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The right to a speedy and public trial

The Sixth Amendment ensures that in all criminal prosecutions, the accused has the right to a speedy and public trial by an impartial jury from the state and district where the alleged crime took place. The jury must be unbiased and represent a cross-section of the community. Additionally, the right to a jury trial only applies when the penalty involves imprisonment for more than six months.

The Supreme Court has interpreted the Speedy Trial Clause of the Sixth Amendment to apply to the period between the initiation of criminal proceedings (arrest or formal charge) and conviction (by trial or plea). The Speedy Trial Act of 1974 sets specific time limits, directing that no more than 30 days pass between arrest and indictment and no more than 70 days between indictment and trial.

The right to a speedy trial protects defendants from undue delay in criminal prosecution. If a defendant's right to a speedy trial is violated, the remedy is typically the dismissal of charges or the overturning of any conviction, as seen in Strunk v. United States (1973).

While the Sixth Amendment guarantees a public trial, the Supreme Court ruled in Sheppard v. Maxwell (1966) that this right is not absolute and may yield to other concerns, such as the defendant's request for privacy, public safety, or national security.

Freedom of speech and the press

The First Amendment to the United States Constitution, passed on September 25, 1789, and ratified on December 15, 1791, is primarily concerned with protecting the freedom of speech and the press. The First Amendment states:

> "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 First Amendment was composed by James Madison, who was responding to the various religious, political, and social elements of colonial America. Some colonists had fled religious persecution in Europe, and so the freedom of religion, along with the right to free expression, became a pivotal tenet of the American Revolution.

The First Amendment has been interpreted by the Supreme Court to mean that no branch of the federal, state, or local governments can infringe upon freedom of speech. This interpretation has been expanded to include modern forms of communication, such as the internet and television, which are now protected under the First Amendment.

The right to petition the government is another important aspect of the First Amendment. This right was first established in the Magna Carta in 1215 and was included in the English Bill of Rights in 1689. The framers of the US Constitution believed that this right would prevent elected officials from favouring only a select few.

Despite the protections offered by the First Amendment, there have been attempts to limit freedom of speech and the press. For example, in 1798, President John Adams' Federalist Party enacted the Alien and Sedition Laws, which banned seditious libel.

The right to keep and bear arms

The Second Amendment to the US Constitution, which protects the right of Americans to keep and bear arms, was passed by Congress on September 25, 1789, and ratified on December 15, 1791. The text of the amendment is as follows: "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 inclusion of this amendment in the Bill of Rights was influenced by several factors. Firstly, Anti-Federalists during the Constitutional ratification debates argued for the inclusion of a Bill of Rights, which would guarantee personal freedoms and place explicit limitations on the federal government's power. The concept of citizens' right to arm themselves was also present in earlier documents, such as the Virginia Declaration of Rights (1776), the English Bill of Rights (1689), and the Pennsylvania Constitution.

The Second Amendment's original purpose was to serve as a safeguard against foreign invasion and federal government overreach, and to ensure the security of a free state. Over time, the focus shifted towards the general safety and protection of life, liberty, and property. This evolution in interpretation led to landmark Supreme Court decisions in the 21st century, such as District of Columbia v. Heller in 2008, which affirmed the right of individual citizens to keep and bear arms for self-defence, and McDonald v. City of Chicago in 2010, which applied the Second Amendment's provisions at the state level through the Fourteenth Amendment.

While the Second Amendment has been a subject of partisan debate, scholars of American history and law generally agree on its significance as a key part of the Constitution. The right to keep and bear arms has been a longstanding provision, with its roots predating the Constitution and continuing to be a relevant topic of discussion and legal interpretation.

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The right to be secure against unreasonable searches

The Fourth Amendment to the United States Constitution protects citizens against unreasonable searches and seizures by the government. It was proposed by Congress in 1789 as part of the Bill of Rights, along with 11 other amendments, and was ratified in 1791.

The text of the amendment states:

> "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."

The Fourth Amendment was created in response to the abuse of the writ of assistance in the colonial era, which allowed British officers to search colonists' homes for contraband without providing any reason or evidence. The amendment was designed to protect citizens' privacy and ensure that searches and seizures by the government were reasonable and based on probable cause.

Over time, the Fourth Amendment has been interpreted and applied in various ways by the courts. For example, in the 1960s, the Supreme Court ruled that wiretapping requires a warrant and is subject to the Fourth Amendment's protections. More recently, the amendment has been at the centre of debates around new technologies, such as GPS tracking and digital data collection, and how they relate to the "right to privacy".

While the Fourth Amendment has been an important safeguard for citizens' rights, it has also been a source of controversy and debate. For instance, the amendment does not explicitly address the use of new technologies for surveillance, and there have been ongoing discussions about how to interpret "unreasonable searches and seizures" in the digital age.

The right to voluntary school prayer

The United States Constitution is the supreme law of the United States of America. The first ten Amendments, known as the Bill of Rights, were added to the Constitution in 1791. Since then, several amendments have been proposed, including the School Prayer Amendment.

The School Prayer Amendment is a proposed amendment to the United States Constitution that aims to protect students' right to pray voluntarily in schools. Proponents of the amendment argue that it would allow students to pray in schools whenever they wish. However, opponents argue that it could allow for government-sponsored prayer and that it violates the Establishment Clause of the First Amendment, which prohibits the government from establishing an official religion or preferring one religion over another.

The debate around voluntary school prayer has a long history in the United States. In the 1962 case of Engel v. Vitale, the Supreme Court ruled that government-mandated school prayer is unconstitutional under the Establishment Clause. This was reaffirmed in the 1963 case of Abington School District v. Schempp. Despite these rulings, the issue has continued to arise in various legal challenges and proposals for constitutional amendments.

In 1985, a nationwide telephone poll by The Washington Post found that 61% supported a School Prayer Amendment, while 31% opposed it, and 8% had no opinion. Notable figures such as former Texas governor and Republican presidential candidate Rick Perry have expressed support for the amendment. However, organizations like the Freedom From Religion Foundation, the American Civil Liberties Union, and Americans United for Separation of Church and State have opposed it.

The text of the proposed amendment, as introduced by Senator Robert Byrd, states that neither the United States nor any State shall prescribe the content of any prayer. It emphasizes that the right to pray and recognize religious beliefs, heritage, or traditions in public schools shall not be infringed. The amendment also specifies that the government shall not require any person to join in prayer or initiate school prayers, and it prohibits discrimination based on religion or denial of access to benefits on religious grounds.

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