Simone Lawson
The United States Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution originally included seven articles embodying the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The document was dated September 17, 1787, and ratified on June 21, 1788. There have been 27 amendments to the Constitution, the first 10 of which are known as the Bill of Rights, added in 1791. The Bill of Rights was added to gain support for the ratification of the Constitution, as Federalists promised Anti-Federalists that a bill of rights would be included to address concerns that the new government would have too much power and could infringe on individual liberties.
| Characteristics | Values |
|---|---|
| Bill of Rights | First ten amendments to the Constitution |
| Limits government power | |
| Protects individual liberties | |
| Protects freedom of speech, religion, press, assembly, and right to petition | |
| Protects right to bear arms | |
| Ensures due process and trial by jury | |
| Protects people's right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures | |
| Protects people from government intrusion in their homes without a warrant | |
| Protects right to hold and exercise religious beliefs | |
| Prevents the federal government from creating an official national church or favoring one set of religious beliefs over another | |
| Ensures a free exchange of ideas | |
| Prevents Congress from granting themselves pay raises during the current session |
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What You'll Learn
The Bill of Rights
To address these concerns and secure the support needed for ratification, Federalists (supporters of the Constitution) promised to add a Bill of Rights. James Madison, once a vocal opponent of the Bill of Rights, introduced a list of amendments to the Constitution on June 8, 1789. He focused on rights-related amendments, ignoring suggestions that would have structurally changed the government.
The House approved 17 amendments, of which the Senate approved 12, sending them to the states for approval in August 1789. By December 15, 1791, three-fourths of the states had ratified 10 of these amendments, now known as the Bill of Rights. The first ten amendments introduced were referred to as the Bill of Rights, consisting of the following:
- The First Amendment (1791) prohibits Congress from obstructing the exercise of certain individual freedoms: freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition. Its Free Exercise Clause guarantees a person's right to hold and exercise any religious beliefs, while its Establishment Clause prevents the federal government from creating an official national church or favouring one set of religious beliefs over another.
- The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes and requires warrants to be issued only upon probable cause.
- The Second Amendment safeguards the right to bear arms.
- Other amendments guarantee protections such as due process and trial by jury.
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Freedom of speech
The First Amendment to the US Constitution guarantees the freedom of speech, which was added to gain support for the ratification of the Constitution. This amendment was designed to protect the rights of citizens to express their opinions and ideas without fear of government censorship or retaliation.
The concept of freedom of speech is deeply rooted in the belief that a free and open exchange of ideas is essential for a healthy democracy. It allows individuals to engage in political discourse, criticize government policies, and engage in peaceful protests. It also enables a diverse range of viewpoints and promotes a marketplace of ideas, fostering innovation and social progress.
The scope of freedom of speech includes various forms of expression, such as verbal statements, written materials, artwork, symbols, and gestures. It protects not only popular or majority opinions but also controversial, unpopular, or minority viewpoints. This ensures that all individuals have an equal opportunity to participate in the exchange of ideas and contribute to the public discourse.
However, it's important to note that freedom of speech is not absolute and has some limitations. These limitations typically arise when the expression in question poses a clear and present danger, incites imminent lawless action, or causes direct harm to others. Additionally, certain categories of speech, such as obscenity, defamation, and incitement to violence, may be restricted within defined boundaries to protect other important societal values.
The interpretation and application of freedom of speech vary across different countries and legal systems. In the United States, the First Amendment provides strong protection for free expression, and courts have generally taken a broad approach to upholding this right. However, in other parts of the world, the scope and enforcement of freedom of speech may differ based on cultural, historical, and legal contexts.
Ensuring the protection of freedom of speech requires ongoing vigilance and advocacy. Throughout history, there have been numerous challenges and threats to this fundamental right, ranging from government censorship to social pressures. By upholding the principles enshrined in the First Amendment and promoting a culture that values open dialogue and respect for differing opinions, we can safeguard freedom of speech for current and future generations.
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Freedom of religion
The First Amendment of the U.S. Constitution, adopted on December 15, 1791, protects freedom of religion. It was drafted by James Madison, who based his work on the Virginia Declaration of Rights. The First Amendment establishes a separation of church and state, prohibiting the federal government from making any laws regarding religion or impeding the free exercise of religion for its citizens. This separation prohibits the government from establishing a national religion and, in most cases, from interfering with a person's religious beliefs or practices.
The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from "establishing" a religion, which has historically meant prohibiting state-sponsored churches. The Free Exercise Clause protects citizens' right to practice their religion as they please, as long as it does not conflict with "public morals" or a "compelling" government interest. These two clauses work together to protect religious freedom and limit government power.
The precise definition of "establishment" in the Establishment Clause has been a matter of dispute, and the U.S. Supreme Court has interpreted it differently over the years. For example, in Lemon v. Kurtzman (1971), the Supreme Court struck down a Pennsylvania law that allowed the state to reimburse Catholic schools for teacher salaries. This case established the "Lemon Test," which states that government assistance to religion is only permissible if its primary purpose is secular, it does not promote or inhibit religion, and there is no excessive entanglement between church and state.
The Free Exercise Clause has also been the subject of court interpretations. For example, in Sherbert v. Verner (1963), the court held that a state unemployment agency must accommodate a Seventh-day Adventist who could not work on Saturdays due to religious prohibitions. The court ruled that accommodation was required when a generally applicable law burdened religious practice, absent a "compelling state interest."
The Fourteenth Amendment, adopted in 1868, further extended religious freedom by preventing states from enacting laws that would favour or inhibit any particular religion.
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Freedom of assembly
The First Amendment of the United States Constitution guarantees the freedom of assembly, which is the right of the people to gather in public spaces for social or political purposes. This freedom is closely linked to the rights of free speech and free press, and it is protected by the First Amendment as long as the assembly is peaceful and does not pose a clear and present danger or incite lawlessness.
The freedom of assembly has been upheld in several court cases, including the famous 1977 case National Socialist Party v. Skokie, where the American Civil Liberties Union successfully argued that the First Amendment prohibited officials from banning a march by the National Socialist Party in Skokie, Illinois, a suburb of Chicago home to many Holocaust survivors. Similarly, in Forsyth County v. Nationalist Movement in 1992, the Supreme Court struck down an ordinance that allowed officials to charge higher permit fees to groups whose marches would require more police protection.
The right to assemble has also been protected in cases involving individuals espousing messages of hate or racial supremacy, such as neo-Nazi groups and Ku Klux Klan marchers. While many may find these messages offensive, the First Amendment protects the right to express and be exposed to a wide range of opinions and views, even unpopular ones. This is to ensure a free exchange of ideas and maintain the opportunity for free political discussion.
The freedom of assembly is particularly important on public college and university campuses, where students are expected to encounter challenging new ideas and experience individual growth. Public universities are obligated to ensure that this right is protected, allowing students to hold meetings for peaceful political action without interference from university officials or government authorities.
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Right to bear arms
The Second Amendment, also known as "The Right to Keep and Bear Arms", was added to the US Constitution to gain support from Anti-Federalists, who were concerned about the shift of military authority from the states to the federal government. They feared that this centralisation of power could lead to government usurpation of individual rights and liberties.
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 was introduced to address the concerns of Anti-Federalists, who wanted to ensure that citizens had the right to possess and keep their own weapons, even as the federal government gained the power to maintain a standing army and navy.
The notion of average citizens possessing their own weapons predates the US Constitution. During the colonial and revolutionary periods, legal documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution asserted that the right for citizens to arm themselves was fundamental. Additionally, the English Bill of Rights of 1689 allowed all Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law."
The inclusion of the Second Amendment in the Constitution was a compromise between Federalists and Anti-Federalists. Federalists dismissed the concerns of Anti-Federalists as overreactions, but agreed to the inclusion of the amendment to secure unanimous support for the Constitution. They also pointed out that militias would still be functioning units, and the massive advantage in numbers of armed citizens over the military would serve as a check on federal power.
Over time, the interpretation and purpose of the Second Amendment have evolved. Initially, it was primarily seen as a safeguard against foreign invasion and federal overreach. However, in more recent times, it has been associated with general safety and the protection of life, liberty, and property. The Supreme Court's rulings in District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010) further emphasised the individual right to bear arms for self-defence, moving away from the original context of state-run militias.
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Frequently asked questions
The Bill of Rights.
To address Anti-Federalists' concerns about individual liberties and government overreach.
The first ten amendments to the Constitution make up the Bill of Rights, protecting individual freedoms such as freedom of speech, religion, and the right to bear arms, while also ensuring due process and trial by jury.
There have been 27 amendments to the Constitution, including the Twenty-seventh Amendment (1992), which prevents members of Congress from granting themselves pay raises during their current session.
