Malcolm Rivera
The first ten amendments to the US Constitution, known as the Bill of Rights, were proposed by Congress in 1789 and ratified on December 15, 1791. The amendments were designed to protect individual freedoms and limit government power, including the right to freedom of speech, freedom of religion, and the right to bear arms. The Bill of Rights also ensured protections such as due process and trial by jury. The first ten amendments were the product of debates between Federalists and Anti-Federalists, with the latter advocating for a bill of rights to safeguard individual liberty.
| Characteristics | Values |
|---|---|
| Name | Bill of Rights |
| Number of Amendments | 10 |
| Date Proposed | 1789 |
| Date Passed | December 15, 1791 |
| Purpose | To limit government power and safeguard individual freedoms |
| Notable Amendments | First Amendment: Freedom of speech, religion, press, assembly, and petition |
| Second Amendment: Right to bear arms | |
| Third Amendment: No quartering of soldiers in peacetime | |
| Fourth Amendment: Protection from unreasonable searches and seizures | |
| Sixth Amendment: Right to a fair and speedy trial | |
| Eighth Amendment: No excessive bail or cruel and unusual punishment |
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What You'll Learn
The First Amendment
The freedom of speech and the press guaranteed by the First Amendment has been the subject of significant litigation and interpretation over time. While initially only applying to laws enacted by Congress and interpreted narrowly, the scope of these freedoms has expanded through Supreme Court rulings. Notable cases include Near v. Minnesota (1931) and New York Times Co. v. United States (1971), where the Court ruled against prior restraint and censorship. The First Amendment also protects commercial speech, though it receives less protection than political speech and is subject to greater regulation.
The right to assemble peaceably and petition the government, included in the First Amendment, has a long history dating back to the Magna Carta in 1215 and the English Bill of Rights in 1689. This right allows individuals to collectively express their grievances and seek change from the government. The Supreme Court has also ruled that the amendment implicitly protects freedom of association, further safeguarding individuals' ability to organise and express their views.
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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."
There are several interpretations of this amendment. Some believe that the phrase "the right of the people to keep and bear arms" grants individuals the right to possess firearms, and that legislative bodies are restricted from prohibiting firearm possession. This is known as the "individual right theory". On the other hand, some scholars argue that the amendment was intended only to restrict Congress from legislating away a state's right to self-defence, and that citizens do not have an individual right to possess guns. This is called "the collective rights theory".
The debate around the Second Amendment continues, with organisations advocating for both gun control and gun rights. In New York State Rifle & Pistol Association, Inc. v. Bruen (2022), the Supreme Court created a new test that laws seeking to limit Second Amendment rights must be based on the history and tradition of gun rights.
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The Third Amendment
The first ten amendments to the US Constitution are collectively known as the Bill of Rights. These amendments were ratified on December 15, 1791, by Virginia's legislature, safeguarding individual freedoms and limiting government power.
While the Third Amendment has not been the primary basis for a Supreme Court decision, it was invoked in the Court of Appeals case Engblom v. Carey in 1982. Additionally, legal historian Tom W. Bell argued that the quartering of American soldiers during the War of 1812 and the American Civil War violated this amendment.
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The Fourth Amendment
The first 10 amendments to the US Constitution are collectively known as the Bill of Rights.
> "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."
In other words, the government cannot search or seize a person's property without a warrant, and to obtain a warrant, there must be "probable cause". This means that the government must have a good reason to believe that a person has committed a crime or is about to commit one.
For example, school officials can search students without a warrant, but the search must be reasonable under the circumstances. Similarly, police officers can search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime, and they can conduct a pat-down of a driver and passengers during a lawful traffic stop.
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The Fifth Amendment
One provision of the Fifth Amendment requires that most felonies be tried only upon indictment by a grand jury. However, the Supreme Court ruled that this does not apply to the state level. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offence.
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Frequently asked questions
The first 10 amendments were called the Bill of Rights.
The Bill of Rights was added to the Constitution to limit the power of the government.
The first 10 amendments were proposed by Congress in 1789, at their first session.
The first 10 amendments became law on December 15, 1791.
The First Amendment prohibited the making of any law respecting an establishment of religion, the free exercise of religion, freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government for a redress of grievances.
