Simone Lawson
The original Bill of Rights, comprising the first 10 amendments to the US Constitution, was proposed by Congress on September 25, 1789, and ratified on December 15, 1791. The first two proposed amendments were not ratified at the time, but the remaining ten amendments were ratified by three-fourths of the state legislatures. The Second Amendment, which protects the right to keep and bear arms, was ratified along with nine other amendments in 1791. The First Amendment was never ratified, while the Second Amendment was ratified 203 years after it was proposed, in 1992. The Third Amendment, which prohibits the quartering of soldiers in private homes without consent, is part of the original Bill of Rights.
| Characteristics | Values |
|---|---|
| Date proposed | September 25, 1789 |
| Date ratified | December 15, 1791 |
| Number of amendments proposed | 12 |
| Number of amendments ratified | 10 |
| Numbered amendment | III |
| Ratified as | 27th Amendment to the Constitution |
| Description | The right of the people to keep and bear arms |
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What You'll Learn
The Bill of Rights
- Congress shall make no law respecting an establishment of religion, prohibiting its free exercise, abridging the freedom of speech or the press, or the right of the people to assemble and petition the government for a redress of grievances.
- The right of the people to keep and bear arms shall not be infringed.
- No soldier shall be quartered in any house in time of peace without the owner's consent.
- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.
- The right of citizens of the United States, who are eighteen years or older, to vote shall not be denied or abridged by the United States or any State on account of age.
- The Senate of the United States shall be composed of two Senators from each State, elected by the people for six-year terms.
- The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States.
- The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State or foreign state.
- Neither slavery nor involuntary servitude shall exist within the United States, except as punishment for crimes.
- All persons born or naturalized in the United States and subject to its jurisdiction are citizens and no State shall make laws that abridge their privileges or immunities.
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Ratification
The process of ratification is a crucial aspect of the United States Constitution and its amendments. Ratification is the act of officially approving and confirming a constitutional amendment, making it an integral part of the nation's foundational legal framework. The original Bill of Rights, comprising the first ten amendments to the Constitution, underwent a comprehensive ratification process that played out across the states.
On September 25, 1789, the First Congress of the United States proposed twelve amendments to the Constitution. These proposed amendments were crafted to address concerns raised by Anti-Federalists, who sought explicit protections of individual liberties and constraints on the powers of the new federal government. The Federalists, recognizing the importance of these guarantees, agreed to support the amendments, paving the way for the ratification of the Constitution by nine of the original thirteen states on June 21, 1788.
The proposed amendments were then sent to the states for ratification. By December 15, 1791, ten of the twelve amendments had been ratified by three-fourths of the state legislatures, officially becoming part of the Constitution. These ratified amendments constitute the Bill of Rights, which includes fundamental protections for civil liberties and individual rights, such as freedom of speech, freedom of religion, the right to bear arms, and protections against unreasonable searches and seizures.
The Second Amendment, a particularly notable component of the Bill of Rights, has been the subject of much debate and legal analysis. It protects the right of the people to keep and bear arms, a right originally derived from the need to ensure the security of a free state through well-regulated militias. The ratification of this amendment has been scrutinized, with some arguing that it was not intended to create an individual right to own firearms, especially in the context of the Southern slave states, where arming free blacks was feared.
The ratification process for the original Bill of Rights set a precedent for future amendments. Amendments XI through XXVII were subsequently proposed and ratified using similar procedures. The process of amending the Constitution is designed to be deliberate and rigorous, ensuring that any changes to the nation's foundational document reflect the will of the people and uphold the principles of liberty and justice upon which the nation was founded.
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The 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."
The interpretation of the Second Amendment has been a subject of debate, with some believing that it creates an individual constitutional right to possess firearms. This interpretation, known as the "individual right theory," suggests that legislative bodies are restricted from prohibiting firearm possession or that such regulation is presumptively unconstitutional. On the other hand, some scholars argue for a “collective rights theory,” asserting that citizens do not have an individual right to possess guns and that legislative bodies have the authority to regulate firearms without implicating a constitutional right.
The Supreme Court affirmed in District of Columbia v. Heller (2008) that the Second Amendment guarantees individuals the right to keep and bear arms for self-defence and lawful purposes. However, the Court also noted that this right is not unlimited and does not preclude certain prohibitions, such as those forbidding firearm possession by felons and the mentally ill. The Court further strengthened Second Amendment protections in McDonald v. City of Chicago (2010), ruling that state and local governments are limited in the same way as the federal government from infringing upon this right.
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The right to bear arms
The Second Amendment (Amendment II) to the United States Constitution, which protects the right to keep and bear arms, was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights. The right to bear arms is a highly debated topic in the United States, with proponents arguing that it is essential for self-defence and the security of a free state, while opponents raise concerns about public safety and the potential for misuse.
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 proposed by Congress on September 25, 1789, along with eleven other amendments to the Constitution. Ten of these twelve proposed amendments were ratified on December 15, 1791, forming the Bill of Rights.
The historical context of the Second Amendment is important to consider. During the drafting of the Constitution, Federalists and Anti-Federalists had differing views on the role of militias and the need for a bill of rights. Federalist Noah Webster argued that an armed populace would serve as a check against potential threats to liberty posed by a standing army. On the other hand, Anti-Federalists feared that the federal government might disarm state militias and sought to include a bill of rights with explicit constraints on governmental power.
The Second Amendment has also been analysed through the lens of slavery and race relations. Adjunct Professor of Law Anthony Picadio argued that the Southern slave states would not have ratified the amendment if it had been understood as creating an individual right to own firearms, due to their concern about arming free blacks. The right to bear arms continues to be a contentious issue in the United States, with ongoing debates about gun control, public safety, and the interpretation of the Second Amendment.
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The right to be secure
The Third Amendment to the United States Constitution, which was originally the IIIth Amendment, is part of the Bill of Rights, the first ten amendments to the Constitution, which were ratified on December 15, 1791. The right to be secure, as outlined in the IIIth Amendment, guarantees that "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".
This amendment ensures that people's privacy and property are protected from unreasonable government intrusion. It requires that any search or seizure by the government be reasonable and based on probable cause. This means that law enforcement officials must have valid reasons to believe that a person has committed a crime or that evidence of a crime will be found before conducting a search or seizing property.
The amendment also addresses the issue of warrants, stating that warrants shall only be issued upon probable cause. This means that law enforcement must provide sufficient evidence to a neutral judge or magistrate to convince them that there is probable cause to believe that a crime has been committed and that a particular place or person is connected to the criminal activity. The judge or magistrate then issues a warrant, which authorizes law enforcement to conduct a search or seizure within a specified scope.
It is worth noting that the original proposal for amendments to the Constitution, presented by Congress on September 25, 1789, included twelve amendments, not ten. However, only ten of these were ratified in 1791, with Article 2 being ratified in 1992 as the 27th Amendment, and Article 1 never being ratified.
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Frequently asked questions
The IIth Amendment, or the Second Amendment, to the US Constitution protects the right to keep and bear arms.
The Second Amendment was proposed by Congress on September 25, 1789, along with 11 other amendments.
The Second Amendment was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights.
The Federalists and Anti-Federalists disagreed on the need for a Bill of Rights. Anti-Federalists wanted a Bill of Rights with explicit constraints on the new government, while Federalists argued that listing only certain rights might jeopardize unlisted rights. Eventually, Federalists promised to support amending the Constitution with a Bill of Rights, which helped secure enough Anti-Federalist votes for the Constitution's ratification.
The Second Amendment affirmed the right of individuals to keep and bear arms for self-defense in the home. However, it also acknowledged that this right is not unlimited and does not preclude certain prohibitions, such as those forbidding the possession of firearms by felons or the mentally ill.
