Eleanor Finch
The United States Bill of Rights comprises the first ten amendments to the United States Constitution, proposed following the 1787–88 debate over the ratification of the Constitution. James Madison wrote the amendments to limit government power and protect individual liberties. The amendments include the right to keep and bear arms, the prevention of the government from forcing homeowners to allow soldiers into their homes, and the barring of the government from unreasonable search and seizure of an individual or their private property.
| Characteristics | Values |
|---|---|
| Number of Amendments | 10 |
| Author | James Madison |
| Date Ratified | December 15, 1791 |
| Purpose | To limit government power and protect individual liberties |
| Key Concepts | Freedom of speech, right to bear arms, freedom of religion, right to a fair trial, protection from unreasonable searches and seizures, etc. |
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What You'll Learn
The First Amendment: Freedom of religion, speech, press, assembly and petition
The first ten amendments to the US Constitution form the Bill of Rights. The First Amendment, passed by Congress on September 25, 1789, and ratified on December 15, 1791, guarantees four basic freedoms: religion, speech, press, and assembly. It also protects the right to petition the government for redress of grievances.
The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This means that the government cannot establish an official religion or favour one religion over another. It also protects the right of individuals to practice their religion freely, or to not practice any religion at all.
The freedom of speech and press guaranteed by the First Amendment means that individuals are free to express their ideas and opinions without fear of government censorship or retaliation. This includes the right to seek, receive, and impart information and ideas through any media, regardless of borders.
The right to peaceably assemble and petition the government is also protected by the First Amendment. This means that individuals have the right to gather peacefully and associate with others for a common purpose, such as protesting or demonstrating. Additionally, they have the right to petition the government to address grievances or seek change.
The First Amendment is a cornerstone of democracy and plays a crucial role in protecting the fundamental rights and freedoms of Americans. It ensures that individuals have the liberty to practice their religion, express their views, associate freely with others, and hold the government accountable. These freedoms are essential for a functioning democratic society and have been upheld and expanded upon through numerous Supreme Court decisions over the years.
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The Second Amendment: Right to bear arms
The Second Amendment to the US Constitution, ratified on December 15, 1791, protects the right of Americans to keep and bear arms. The 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."
The Second Amendment was originally intended to protect the right of citizens to possess weapons for their own protection, the defence of their rights, and the protection of their property. This right predates the US Constitution, with the English Bill of Rights of 1689 allowing Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law."
At the time of the drafting of the Second Amendment, Anti-Federalists were concerned about the shift of military authority from the states to the federal government, fearing that it could lead to government usurpation of individual rights. Federalists dismissed these concerns, arguing that the federal government's power to maintain a standing army and navy did not negate the role of militias. The significant numerical advantage of the American public over the nation's military also helped to ease Anti-Federalist concerns.
Over time, the purpose of the Second Amendment shifted from being primarily a safeguard against foreign invasion and federal overreach to focusing more on general safety and the protection of life, liberty, and property. In the 19th century, the United States' military structure underwent significant changes, which had implications for the interpretation and future of the Second Amendment.
In modern times, there has been increased political and social commentary on the Second Amendment, with debates surrounding the right to own guns and the interpretation of the amendment in the context of contemporary society. In the landmark Supreme Court case District of Columbia v. Heller in 2008, it was asserted that the Second Amendment protected the right of individual citizens to possess weapons for self-defence, rather than solely for the purpose of a state-run militia.
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The Third Amendment: No quartering of soldiers
The Third Amendment to the United States Constitution is part of the Bill of Rights, the first ten amendments ratified on December 15, 1791. It was introduced in 1789 by James Madison, in response to the Anti-Federalist objections to the new Constitution.
The Third Amendment states: "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law." This amendment prevents the government from forcing homeowners to allow soldiers to use their homes.
The amendment was a response to the Quartering Acts passed by the Parliament of Great Britain during the build-up to the American Revolutionary War. These acts allowed the British Army to lodge soldiers in public buildings and colonial authorities to house troops in private residences if there was insufficient space in local barracks. The quartering of troops was cited as one of the colonists' grievances in the United States Declaration of Independence.
The Third Amendment is among the least cited sections of the U.S. Constitution, with no major Supreme Court decisions using it as the primary basis. However, it has been invoked in a few cases to establish an implicit right to privacy. For example, in Mitchell v. City of Henderson, the plaintiff alleged that the police used his house without his consent, but the court held that the Third Amendment did not apply as municipal police officers are not soldiers.
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The Fourth Amendment: Protection from search and arrest without a warrant
The Fourth Amendment of the US Constitution is a part of the Bill of Rights, which consists of the first ten amendments, ratified on December 15, 1791. This amendment protects citizens from unreasonable searches and seizures by the government, without a properly issued warrant. It ensures that people's privacy and property rights are respected and not violated by law enforcement officials.
The Fourth Amendment sets a high standard for searches and seizures to be considered reasonable under the law. Generally, a search or seizure without a warrant is considered unreasonable and unlawful. However, there are a few exceptions to this rule. For instance, a warrantless search may be lawful if an officer has consent from the individual to conduct the search, or if the search is carried out as part of a lawful arrest. Other exceptions include situations where there is probable cause to believe a crime is being committed or evidence may be destroyed, and there are exigent circumstances, such as a threat to public safety or a suspect's imminent escape. In such cases, a police officer may perform a warrantless arrest or search to prevent danger or the destruction of evidence.
To obtain a search or arrest warrant, law enforcement officers must demonstrate probable cause to a court authority, usually a magistrate. Probable cause exists when there is a reasonable belief in the guilt of the suspect, based on facts and information available prior to the arrest or search. During investigatory stops or detentions, officers may gain probable cause, which could then justify a subsequent warrantless arrest.
The Fourth Amendment also applies to seizures of property. A seizure occurs when there is meaningful interference with an individual's possessory interests in their property. Objects in plain view may be seized without a warrant, and certain warrantless seizures of property, such as abandoned property or items in an open field, do not violate the Fourth Amendment as there is no reasonable expectation of privacy in these cases.
The protections afforded by the Fourth Amendment are not absolute and are subject to judicial interpretation. The extent of protection may vary depending on the location of the search or seizure and the specific circumstances of each case.
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The Fifth Amendment: Rights in criminal cases
The Fifth Amendment of the U.S. Constitution provides several protections for people accused of crimes. Firstly, it states that serious criminal charges must be initiated by a grand jury. This right is derived from common law, and a person being charged with a crime that warrants a grand jury has the right to challenge members for partiality or bias. Secondly, the amendment protects against double jeopardy, meaning that a person cannot be tried twice for the same offence. Thirdly, it protects against self-incrimination, ensuring that no one can be compelled in a criminal case to be a witness against themselves. However, this right does not extend to voluntarily prepared business papers or potentially incriminating evidence derived from obligatory reports or tax returns. Fourthly, the amendment guarantees that no one shall be deprived of life, liberty, or property without due process of law, ensuring fair procedures and trials. Finally, the Fifth Amendment protects against the taking of private property for public use without just compensation. These rights outlined in the amendment establish basic constitutional limits on police procedure.
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Frequently asked questions
The Bill of Rights is a founding document of the United States Constitution, comprising the first ten amendments.
The Constitution lacked limits on government power, and the Bill of Rights was added to address objections raised by Anti-Federalists, who wanted power to remain with state and local governments.
James Madison wrote the Bill of Rights as a solution to limit government power and protect individual liberties.
The Bill of Rights protects several individual liberties, including freedom of speech, freedom of religion, the right to bear arms, protection from unreasonable search and seizure, and the right to a fair trial, among others.
The Bill of Rights became law on December 15, 1791, following ratification by the states.
