Jonah Patel
The US Constitution is a charter of negative liberties, which means it tells the federal government or the state to leave people alone. It does not require the federal government or the state to provide services, even basic ones such as maintaining law and order. The first ten amendments to the Constitution make up the Bill of Rights, which was written by James Madison to limit government power and protect individual liberties.
| Characteristics | Values |
|---|---|
| The Constitution is a charter of negative liberties | Tells the federal government or the state to let people alone |
| Does not require the federal government or the state to provide services | |
| Does not require the federal government or the state to maintain law and order | |
| The first state constitutions | Limited government from performing arbitrary acts that would deprive people of their freedom of speech |
| Limited government from performing arbitrary acts that would deprive people of their freedom of religion | |
| Limited government from performing arbitrary acts that would deprive people of their right to bear arms | |
| Limited government from performing arbitrary acts that would deprive people of their right to assemble peacefully | |
| Limited government from performing arbitrary acts that would deprive people of their right to petition | |
| Madison thought that the greatest danger to individual liberties came from the states | Originally drafted the First Amendment to read: “No state shall violate . . .” |
| The First Amendment | “Congress shall make no law . .” |
| For many years, the courts interpreted the Bill of Rights as applying only to the federal government, not to the states | N/A |
| James Madison | Originally opposed a Bill of Rights because he was concerned that not all rights could be anticipated and enumerated |
| The Ninth Amendment | Maintains that the people have other rights that cannot be suppressed simply because they are not mentioned in the Bill of Rights |
| The Tenth Amendment | The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people |
| James Madison | Wrote the first ten amendments to the Constitution, which make up the Bill of Rights |
| The First Amendment | Protects the ability to speak and worship freely as a natural right |
| The Fourth Amendment | Safeguards citizens’ right to be free from unreasonable government intrusion in their homes through the requirement of a warrant |
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What You'll Learn
- The Constitution is a charter of negative liberties
- The First Amendment protects freedom of speech
- The Fourth Amendment protects citizens' right to privacy in their homes
- The Ninth Amendment protects rights not specifically guaranteed in the Constitution
- The Tenth Amendment maintains that powers not delegated to the US by the Constitution are reserved to the states or the people
The Constitution is a charter of negative liberties
When the Constitution was submitted to the states, the absence of a bill of rights caused more controversy than any other aspect of the document and nearly prevented its ratification. Most of the delegates to the Constitutional Convention felt it was unnecessary to spell out people’s rights in the national Constitution. A few dissenters among the delegates refused to sign the document because it lacked a guarantee of individual rights.
James Madison, who wrote the first ten amendments to the Constitution, originally opposed a Bill of Rights because he was concerned that not all rights could be anticipated and enumerated. Madison thought that the greatest danger to individual liberties came from the states, so he originally drafted the First Amendment to read: “No state shall violate . . .”. In its final version it became: “Congress shall make no law . . .”.
The Ninth Amendment maintains that the people have other rights that cannot be suppressed simply because they are not mentioned in the Bill of Rights. The Tenth Amendment states that powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
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The First Amendment protects freedom of speech
Madison's intention was to limit government power and protect individual liberties. He believed that the greatest danger to individual liberties came from the states. Madison's view was that the state constitutions already protected certain rights, such as freedom of speech, freedom of religion, the right to bear arms, and the right to assemble peacefully and to petition.
The First Amendment has been interpreted by the courts as applying only to the federal government, not to the states. This interpretation has been challenged over the years, with the Ninth Amendment being used to assert people's right to privacy in marital relations, for example.
The First Amendment is a powerful tool that protects the freedom of speech for all Americans. It ensures that the government cannot infringe on the people's right to express themselves and share their ideas and beliefs.
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The Fourth Amendment protects citizens' right to privacy in their homes
When the Constitution was submitted to the states, the absence of a bill of rights generated more controversy than any other aspect of the document and nearly derailed its ratification. Most of the delegates to the Constitutional Convention felt it was unnecessary to spell out people’s rights in the national Constitution. A few dissenters among the delegates refused to sign the document because it lacked a guarantee of individual rights.
James Madison, who wrote the amendments, originally opposed a Bill of Rights because of his concern that not all rights could be anticipated and enumerated. The Ninth Amendment maintains that the people have other rights that cannot be suppressed simply because they are not mentioned in the Bill of Rights.
The Fourth Amendment safeguards citizens’ right to be free from unreasonable government intrusion in their homes through the requirement of a warrant.
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The Ninth Amendment protects rights not specifically guaranteed in the Constitution
The Ninth Amendment maintains that the people have other rights that cannot be suppressed simply because they are not mentioned in the Bill of Rights. This was a concern of James Madison, who originally opposed a Bill of Rights because he felt that not all rights could be anticipated and enumerated. Madison thought that the greatest danger to individual liberties came from the states, so he originally drafted the First Amendment to read: “No state shall violate . . .”. In its final version it became: “Congress shall make no law . . .”.
The Constitution is a charter of negative liberties; it tells the federal government or the state to let people alone. It does not require the federal government or the state to provide services, even so elementary a service as maintaining law and order. When the Constitution was submitted to the states, the absence of a bill of rights generated more controversy than any other aspect of the document and nearly derailed its ratification. Most of the delegates to the Constitutional Convention felt it was unnecessary to spell out people’s rights in the national Constitution. A few dissenters among the delegates refused to sign the document because it lacked a guarantee of individual rights.
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The Tenth Amendment maintains that powers not delegated to the US by the Constitution are reserved to the states or the people
The Constitution is a charter of negative liberties; it tells the federal government or the state to let people alone. It does not require the federal government or the state to provide services, even so elementary a service as maintaining law and order.
The first state constitutions limited the government from performing arbitrary acts that would deprive people of their freedom of speech, their freedom of religion, their right to bear arms, and their right to assemble peacefully and to petition.
The Ninth Amendment maintains that the people have other rights that cannot be suppressed simply because they are not mentioned in the Bill of Rights.
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Frequently asked questions
Judge Richard A. Posner, Bowers v. DeVito (1982).
The Constitution is a charter of negative liberties; it tells the federal government or the state to let people alone.
The first ten amendments to the Constitution make up the Bill of Rights, which protects individual liberties. For example, the First Amendment protects the right to speak and worship freely.
James Madison wrote the Bill of Rights as a solution to limit government power and protect individual liberties.
The Ninth Amendment maintains that the people have other rights that cannot be suppressed simply because they are not mentioned in the Bill of Rights.
