Omar Bennett
The US Constitution is the supreme law of the land, outlining governmental roles and providing individual protections and liberties. The Constitution is divided into seven articles that define the basic framework of the federal government, with three separate powers: legislative, executive, and judicial. The First Amendment, part of the Bill of Rights, guarantees several freedoms, including freedom of religion, speech, press, assembly, and petition. However, it is important to note that the Constitution does not grant rights and liberties but guarantees them, and certain rights are not explicitly mentioned, such as the freedom of life, liberty, and the pursuit of happiness.
| Characteristics | Values |
|---|---|
| Freedom of life, liberty, and the pursuit of happiness | Not guaranteed by the First Amendment |
| Voting rights for women | Granted by the 19th Amendment in 1920 |
| Citizenship and voting rights for former slaves | Granted by the 14th Amendment in 1868 |
| Prohibition of discrimination in voting based on race, color, or previous condition of servitude | Granted by the 15th Amendment in 1870 |
| Limits on government power | Addressed by the Bill of Rights |
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What You'll Learn
Freedom of life, liberty, and the pursuit of happiness
The phrase "life, liberty, and the pursuit of happiness" is a well-known line from the United States Declaration of Independence, which was drafted by Thomas Jefferson and adopted on July 4, 1776. The phrase outlines three unalienable rights that the Declaration says have been bestowed upon all humans by their Creator, and which governments are created to protect.
The Declaration of Independence is not legally binding, but it has served as an inspiration for the basis of government. The phrase "life, liberty, and the pursuit of happiness" is not explicitly mentioned in the US Constitution, but the Fifth and Fourteenth Amendments declare that governments cannot deprive any person of "life, liberty, or property" without due process of law.
The concept of "life, liberty, and the pursuit of happiness" has been interpreted as a bulwark against state power infringing upon these rights. The broad language of "the pursuit of happiness" has been understood to encompass other rights, such as the right to earn a living and the right to acquire and possess property.
The idea of "life, liberty, and the pursuit of happiness" has also been referred to as "Lockean Natural Rights Guarantees," attributed to the political philosopher John Locke. Locke argued that political society existed to protect "property," which he defined as a person's "'life, liberty, and estate." He also wrote about the ""pursuit of true and solid happiness," which has been interpreted as encompassing the pursuit of happiness in the social and political realm.
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Voting rights for women
The right to vote for women was not always guaranteed by the US Constitution. In fact, before 1776, women had the right to vote in several colonies that would later become part of the United States. However, by 1807, every state constitution had denied women even limited suffrage.
The women's suffrage movement in the US began in the mid-19th century, with women organizing, petitioning, and picketing to win the right to vote. The Seneca Falls Convention in 1848, for instance, adopted the Declaration of Sentiments, which called for equality between the sexes and included a resolution urging women to secure the vote. Activists like Susan B. Anthony and Elizabeth Cady Stanton played a crucial role in this movement, calling for a new constitutional amendment guaranteeing women the right to vote.
Despite these efforts, it took decades for women to achieve their goal. The first women's suffrage amendment was introduced in Congress in 1878, but it was not until May 21, 1919, that the amendment finally passed the House of Representatives. Two weeks later, on June 4, 1919, the Senate also passed the amendment.
The 19th Amendment, which granted women the right to vote, was ratified on August 18, 1920, marking a significant change in the American electorate. However, it is important to note that this did not ensure full enfranchisement for all women. African American women, in particular, continued to face obstacles to voting due to state constitutions and discriminatory practices. It was not until the passage of the Voting Rights Act of 1965 that legislative variations among the states were addressed, and all citizens, regardless of race or sex, were guaranteed the right to vote.
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Citizenship for former slaves
The 13th Amendment, ratified in December 1865, abolished slavery in the United States. However, it did not address the status of newly freed African Americans. Were they citizens? Did they have the same rights as other Americans?
Congress passed the 14th Amendment to the Constitution in 1866, which was ratified in 1868, to address these questions. The amendment established birthright citizenship, stating that "all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside." This meant that African Americans could now legally claim the same constitutional rights as all other American citizens.
The 14th Amendment also extended the liberties and rights granted by the Bill of Rights to formerly enslaved people. It provided legal grounds for African Americans to challenge discrimination, demand equal rights and protections, and bring about change. The amendment included a clause stating that no state could make or enforce any law that abridged the privileges or immunities of US citizens. It also stated that no state could deprive any person of life, liberty, or property without due process of law or deny any person within its jurisdiction equal protection under the law.
Despite the promises of the 14th Amendment, African Americans continued to face discrimination and were often denied their basic citizenship rights. Southern states passed laws known as Black Codes, which restricted the civil rights of newly freed African Americans and forced them to work for their former enslavers. It wasn't until the Indian Citizenship Act of 1924 that Native Americans were legally declared US citizens.
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Freedom of speech
The First Amendment to the United States Constitution guarantees Americans the right to freedom of speech. This amendment was proposed in 1787, and it ensures that Americans can speak freely in the public square without government interference. The text of the amendment states that "Congress shall make no law [...] abridging the freedom of speech, or of the press".
The right to freedom of speech is considered a fundamental personal liberty, and it forms the foundation of free government by free men. The Supreme Court of the United States has affirmed that the First Amendment guarantees the liberty to discuss publicly and truthfully all matters of public concern, without fear of punishment.
However, the right to freedom of speech is not absolute. The First Amendment does not protect all speech equally. For example, commercial speech is less protected and is subject to greater regulation. Additionally, the Supreme Court has clarified that the amendment does not guarantee an unlimited right to express any thought free from government censorship. There are certain types of speech that are not protected by the First Amendment, including but not limited to obscenity, fraud, incitement to imminent lawless action, and speech that is integral to criminal conduct.
The right to freedom of speech also includes the right to receive information and opinions, as protected by the Free Press Clause. This right applies to a wide variety of media and protects against pre-publication censorship. The First Amendment also implicitly protects the freedom of association, which includes privacy in one's associations.
In conclusion, the First Amendment to the United States Constitution guarantees Americans the right to freedom of speech, which is considered a fundamental liberty. However, this right is not absolute and is subject to certain limitations as defined by the Supreme Court.
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Freedom of religion
The First Amendment of the US Constitution guarantees freedom of religion. This means that the government cannot establish an official religion, nor can it prohibit the free exercise of religion. The exact wording of the First Amendment is:
> "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or 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."
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, such as the Church of England. However, the precise definition of "establishment" is still unclear. The Free Exercise Clause, on the other hand, protects an individual's right to practice their religion of choice without government interference.
It is important to note that while the US Constitution guarantees certain rights and liberties, it does not grant them. The people retained their rights and liberties before the Constitution was formed, and the Constitution was created to secure those rights and liberties against foreign attack and oppression by their own government.
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