The Bill Of Rights: Can Laws Override Them?

The Bill of Rights is a set of amendments to the US Constitution, guaranteeing broad personal liberties. It was added to the Constitution in 1791, in response to fears that a new national government might overrule individual freedoms. The Bill of Rights has been amended several times since its inception, and it is possible for laws to be passed that overturn parts of it. However, the process of repealing a constitutional amendment is extremely difficult, requiring a two-thirds majority in both the House and the Senate, or a constitutional convention called for by two-thirds of state legislatures, followed by ratification by three-quarters of states.

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The chances of the Second Amendment being repealed are slim. According to National Weather Service data, the likelihood is comparable to an 80-year-old person being struck by lightning during their lifetime. The amendment has been challenged and debated, with some arguing that it contributes to gun violence and school shootings. However, for a constitutional amendment to be repealed, it requires a proposal by two-thirds of the House and Senate or a constitutional convention called for by two-thirds of state legislatures. The states then have the final approval, with three-quarters of them needing to vote to ratify the change.

The high bar for repealing amendments means that even when there is talk of doing so, it rarely comes close to fruition. The Second Amendment is no exception, and it remains a highly contentious issue in American politics.

The Supreme Court's power

The Supreme Court is the highest court in the US and plays a critical role in all matters of federal law. The Bill of Rights, which comprises the first ten amendments to the US Constitution, is among the nation's most admired documents, guaranteeing broad personal liberties. The Supreme Court has the power to interpret the Constitution and its opinion is generally final.

The Supreme Court's decisions are also subject to the interpretation of lower courts. When congressional statutes are challenged as unconstitutional, those challenges start in a district court, then go to an appellate court, and finally reach the Supreme Court. The district court may halt the enforcement of the law until the Supreme Court decides.

The Supreme Court has played a significant role in shaping the Bill of Rights and expanding individual liberties. For instance, in Gideon v. Wainwright, the Court ruled that the Sixth Amendment's guarantee of the right to counsel applies to states through the Due Process Clause of the Fourteenth Amendment. In another case, the Court ruled that under the Fourteenth Amendment, state governments must respect the First Amendment's guarantee of freedom of speech.

Congress's ability to check the court

The Bill of Rights, comprising the first ten amendments to the US Constitution, was ratified on December 15, 1791, and guarantees broad personal liberties. The Bill of Rights is one of the three founding documents of the US and was influenced by the English Bill of Rights and the Virginia Declaration of Rights.

Congress can also use its legislative powers to overturn Supreme Court rulings. For example, in response to the Supreme Court's decision in Dobbs, which overturned the right to abortion, Congress could pass a bill codifying Roe v. Wade. This would require majorities in both houses and the presidency. Additionally, Congress could use its Spending Clause power to offer money to states that decriminalize abortion under their state laws.

Another example of Congress's ability to check the court is the Stop Corporate Capture Act, introduced by Senator Elizabeth Warren. This legislation aimed to overturn a Supreme Court decision reducing the power of federal agencies to interpret congressional statutes. The bill sought to revise a portion of the Administrative Procedure Act and clarify that agencies have the power to interpret ambiguous federal statutes.

In summary, while the Supreme Court plays a critical role in matters of federal law, Congress has the power to check the court through its ability to amend federal statutes, pass legislation overturning Supreme Court rulings, and use its spending powers to influence state laws.

The right to freedom of speech

The Bill of Rights comprises the first ten amendments to the US Constitution, which were ratified in 1791. The Bill of Rights protects certain fundamental rights, including the freedom of speech, which is enshrined in the First Amendment.

The freedom of speech is the right to articulate opinions and ideas without interference, retaliation, or punishment from the government. This right is not absolute, and it does not mean that individuals may say whatever they wish, wherever they wish. For example, speech that constitutes defamation, a genuine threat, harassment, or unlawful action is not protected. Additionally, while hate speech is protected by the First Amendment, illegal conduct motivated by an individual's hate for a protected group may be regulated by law.

The Supreme Court has interpreted "speech" broadly, to include not only talking and writing but also broadcasting, using the internet, and other forms of expression. Symbolic expression, such as displaying or burning flags, wearing armbands, or burning crosses, is also considered speech. The Supreme Court has held that restrictions on speech because of its content generally violate the First Amendment. Laws prohibiting people from criticizing a war, opposing abortion, or advocating high taxes are examples of unconstitutional content-based restrictions.

While Congress can propose amendments to the Constitution, the process of repealing or amending the Bill of Rights is extremely difficult. For an amendment to be proposed, it must be approved by two-thirds of the House and Senate or by a constitutional convention called for by two-thirds of the state legislatures. Then, three-quarters of the states must ratify the amendment for it to become part of the Constitution. In the history of the US, only one amendment, the 18th Amendment establishing Prohibition, has been repealed by the states. Therefore, while it is technically possible for laws to overturn parts of the Bill of Rights, it is highly unlikely.

The right to freedom of religion

The Bill of Rights comprises the first ten amendments to the U.S. Constitution, which were added in 1791 to preserve individual freedoms and limit government power. The right to freedom of religion is enshrined in the First Amendment, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This amendment has two religion clauses: the Establishment Clause and the Free Exercise Clause, which together protect religious freedom.

The Establishment Clause prohibits the government from establishing an official religion or favouring one religion over another. This means that the government cannot promote or endorse any particular religion, ensuring that people of all faiths, or no faith, are treated equally under the law. The Free Exercise Clause, on the other hand, protects individuals' right to practice their religion without interference from the government. This includes the right to hold religious beliefs, engage in religious activities, and observe religious practices, as long as they do not infringe on the rights of others or violate the law.

While the Bill of Rights cannot be overturned, it can be amended through a complex process. To amend the Constitution, two-thirds of both the House and the Senate must propose an amendment, or two-thirds of the state legislatures must request a constitutional convention. For an amendment to be ratified, three-quarters of the states must approve it. This process has only been successfully navigated 27 times in U.S. history, with the most recent amendment being added in 1992.

In conclusion, the right to freedom of religion, protected by the First Amendment, is a fundamental aspect of the Bill of Rights. While it cannot be overturned, it can be amended, and its interpretation and application have been refined through court decisions. This right ensures that individuals are free to practice their religion without government interference or promotion, fostering religious diversity and equality in the United States.

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