Malcolm Rivera
In 1791, the first ten amendments to the US Constitution, known as the Bill of Rights, were added. These amendments defined citizens' rights in relation to the newly established government under the Constitution. They were proposed by Congress in 1789, at their first session, and received the ratification of the legislatures of three-fourths of the several States. The Bill of Rights includes the famous Establishment Clause, which states that Congress shall make no law respecting an establishment of religion.
| Characteristics | Values |
|---|---|
| Number of Amendments Proposed | 12 |
| Number of Amendments Ratified | 10 |
| Date of Ratification | December 15, 1791 |
| Name of the Amendments | Bill of Rights |
| Purpose | To define citizens' rights in relation to the newly established government under the Constitution |
| Article 1 | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof |
| Article 2 | Congress shall make no law abridging the freedom of speech, or of the press |
| Article 3 | Citizens have the right to assemble peacefully and petition the Government for a redress of grievances |
| Article 4 | The right of the people to keep and bear Arms shall not be infringed |
| Article 5 | No Soldier shall, in time of peace, be quartered in any home without the owner's consent |
| Article 6 | The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures |
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What You'll Learn
The first ten amendments
In 1791, the first ten amendments, also known as the Bill of Rights, were added to the US Constitution. These amendments were proposed by Congress in 1789 during their first session, and they became a part of the Constitution on December 15, 1791, after receiving ratification from the legislatures of three-fourths of the states.
- Freedom of Religion: Congress shall make no law respecting an establishment of religion or prohibiting its free exercise. This ""Establishment Clause" was a compromise between James Madison and Fisher Ames, allowing states to decide their relationship with religious denominations.
- Freedom of Speech and the Press: The amendment prohibits Congress from abridging the freedom of speech or of the press.
- Right to Peaceably Assemble and Petition the Government: Citizens have the right to assemble peacefully and petition the government for a redress of grievances.
- Right to Keep and Bear Arms: A well-regulated militia being necessary for the security of a free state, the people have the right to keep and bear arms.
- Protection from Unreasonable Searches and Seizures: The amendment protects the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.
- Right to a Fair Trial and Due Process: This amendment includes various rights of those accused of crimes, such as the right to a speedy and public trial, the right to an impartial jury, and the right to be informed of the nature and cause of the accusation.
- Civil Trial Rights: This amendment covers civil trial rights, including the right to a trial by jury in certain cases and protections against excessive bail and punitive fines.
- Protection from Cruel and Unusual Punishment: This amendment prohibits cruel and unusual punishments and also includes protections for those accused of crimes, such as the prohibition on self-incrimination and the guarantee of due process of law.
- Rights of the Accused in Criminal Cases: This amendment includes additional rights for those accused of crimes, such as the right to a speedy trial and the right to assistance of counsel.
- Powers Reserved to the States and People: 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. This amendment ensures that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people.
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Freedom of speech
On December 15, 1791, the first ten amendments to the US Constitution, known as the Bill of Rights, were ratified. The First Amendment, which is part of the Bill of Rights, is most commonly recognised for its protection of freedom of speech, religion, the press, and the right to assemble and petition the government.
The First Amendment states that "Congress shall make no law [...] 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 was influenced by the various political, religious, and social elements of colonial America. The settlers living in the colonies belonged to several different religious groups, and some colonists had fled to the New World to escape religious persecution in Europe. As such, the freedom of religion, composed in part by the right to free expression, became a pivotal tenet of the American Revolution.
The First Amendment's protection of freedom of speech has been interpreted by the Supreme Court to mean that no branch or section of the federal, state, or local governments can infringe upon American speech. However, private organisations, such as businesses, colleges, and religious groups, are not bound by the same constitutional obligation. While the First Amendment prohibits the government from abridging freedom of speech, it does not prohibit private, non-governmental entities from doing so. Additionally, the Supreme Court has determined that the protection of speech is not absolute. Commercial speech, for example, is less protected and is subject to greater regulation.
The First Amendment also protects the freedom of the press, which is considered one of the "great bulwarks of liberty". The Free Press Clause protects the publication of information and opinions and applies to a wide variety of media. The Supreme Court has ruled that the First Amendment protects against pre-publication censorship in almost all cases.
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Freedom of religion
In 1791, the first ten amendments to the US Constitution were ratified and came to be known as the Bill of Rights. The first of these amendments, the First Amendment, includes the Establishment Clause and the Free Exercise Clause, which together protect religious liberty, or freedom of religion.
The Establishment Clause prohibits the government from endorsing, promoting, or becoming involved with religion. This means that the government cannot establish an official religion or favour one religion over another.
The Free Exercise Clause, on the other hand, prohibits governmental interference with the free exercise of religion. This clause protects the right of Americans to practice their faith and believe, speak, and act according to their religious beliefs. It is important to note that these two clauses sometimes compete with each other, as in the example of government funding for clergy versus military chaplains.
The inclusion of freedom of religion in the First Amendment points towards the American founders' understanding of the importance of religion to human, social, and political flourishing. It also reflects the Anti-Federalist opposition to Constitutional ratification, as the First Amendment initially applied only to laws enacted by Congress and was interpreted more narrowly than it is today.
The Supreme Court has affirmed the protection of religious freedom in several cases, including Murdock v. Pennsylvania (1943) and New York Times Co. v. United States (1971). In Murdock, the Court stated that freedom of religion, along with freedom of speech and the press, occupies a "preferred position" in the Bill of Rights.
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Right to bear arms
In 1791, the first ten amendments to the US Constitution, known as the Bill of Rights, were ratified. The Second Amendment, which concerns the right to bear arms, was part of this.
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 right to bear arms was tied to membership in a militia, as only whites could join militias in the South. The amendment was proposed by James Madison, who sought to allow the creation of civilian forces that could counteract a tyrannical federal government.
The inclusion of the Second Amendment in the Bill of Rights was influenced by the debates surrounding the Constitution's ratification. Opponents of the Constitution argued that it would lead to tyranny by the central government, and demanded a bill of rights that would guarantee individual liberties. The Pennsylvania convention, for example, debated fifteen amendments, including the right of the people to be armed. The inclusion of the Second Amendment was also influenced by the historical context, such as the ongoing Haitian Revolution, a successful slave rebellion, and the memory of the British violation of civil rights before and during the Revolution.
The Second Amendment has been the subject of modern debates regarding its interpretation. Some argue that it protects an individual's right to keep and bear arms, while others contend that it is a collective right that can only be exercised through militia organizations. The Supreme Court has ruled on cases involving the Second Amendment, such as District of Columbia v. Heller in 2008, where it concluded that the amendment includes the right of individuals to bear arms for self-defence. However, the law has evolved since the Founding era, with gun laws becoming more extensive and controversial.
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Protection from unreasonable searches
In 1791, the first ten amendments to the US Constitution, known as the Bill of Rights, were ratified. The Fourth Amendment, part of the Bill of Rights, protects citizens from unreasonable searches and seizures by the government. This amendment was added to avoid the unjust searches and seizures experienced under English rule.
The Fourth Amendment requires government officials to obtain a warrant based on probable cause before conducting a search or seizure. This means that police officers cannot search a person or their property without a warrant or probable cause. However, there are exceptions to the warrant requirement. For example, in exigent circumstances, a warrantless search may be deemed reasonable if obtaining a warrant is impractical. Similarly, school officials can search students under their authority without a warrant, provided the search is reasonable under the circumstances.
The Fourth Amendment does not protect against all searches and seizures, but only those deemed unreasonable under the law. The determination of reasonableness involves balancing an individual's rights with legitimate government interests, such as public safety. The location of the search or seizure also plays a role in assessing its reasonableness. For instance, searches and seizures inside a home without a warrant are generally considered unreasonable.
The Fourth Amendment also introduced the concept of a "reasonable expectation of privacy." This means that individuals must exhibit an actual expectation of privacy, and society must recognise this expectation as reasonable. As a result, law enforcement must obtain a warrant before conducting surveillance that violates an individual's reasonable expectation of privacy.
The addition of the Fourth Amendment to the Constitution in 1791 was a significant step towards protecting citizens' rights and ensuring their security, liberty, and privacy.
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Frequently asked questions
The first 10 amendments, known as the Bill of Rights, were added to the US Constitution in 1791.
12 amendments were originally proposed, but only 10 were ratified and became part of the Bill of Rights.
The Bill of Rights defined citizens' rights in relation to the newly established government under the Constitution. It was intended to prevent tyranny by the central government and protect individual freedoms.
The Bill of Rights includes the right to freedom of speech, freedom of religion, freedom of the press, the right to peaceably assemble, and the right to keep and bear arms.
The Bill of Rights was proposed by Congress in 1789 during their first session, and it was ratified by three-fourths of the state legislatures in 1791. The principal author of the Bill of Rights was James Madison.
