Gavin Howe
The Bill of Rights, comprising the first ten amendments to the US Constitution, protects the rights of individuals and states from infringement by the federal government. While it does not explicitly bind the states, the Fourteenth Amendment (1868) forbids states from violating the rights of citizens without due process. The passage of the Reconstruction Amendments (13th, 14th, and 15th) gave federal courts the power to intervene when states threaten the fundamental rights of their citizens, and most provisions of the first eight Amendments are now applied to the states. This has raised questions about whether states can pass laws that violate the Bill of Rights, with several state laws having been held unconstitutional.
| Characteristics | Values |
|---|---|
| The Bill of Rights restricts the federal government, not the states | The Bill of Rights was originally meant to apply only to the federal government. The Fourteenth Amendment (1868) did forbid states to abridge the rights of any citizen without due process. |
| The Bill of Rights does not explicitly bind the states | The Bill of Rights does not explicitly bind the states, but some provisions of the Constitution expressly prohibit the states from taking certain actions. |
| The Bill of Rights and state laws | State laws cannot violate the Bill of Rights. For example, a Pennsylvania insolvency law that purported to discharge a debtor from obligations contracted prior to its passage was held to violate the Contracts Clause. |
| The Bill of Rights and the Fourteenth Amendment | The Fourteenth Amendment gave federal courts the authority to intervene when a state threatened the fundamental rights of its citizens. |
| The Bill of Rights and due process | The Fourteenth Amendment guarantees due process and equal protection under the law. This means that states cannot violate the due process rights of citizens. |
| The Bill of Rights and freedom of contract | State laws cannot violate the freedom of contract. For example, an Illinois mortgage moratorium statute that diminished the remedies of the mortgage lender was held to impair the lender's obligation of contract. |
| The Bill of Rights and interstate commerce | State laws cannot obstruct interstate commerce. For example, an Illinois statute that required a railroad to run its New Orleans train to Cairo was held to be an unconstitutional obstruction of interstate commerce. |
| The Bill of Rights and search and seizure | The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property. |
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What You'll Learn
- The Fourteenth Amendment gives federal courts the power to intervene if a state threatens its citizens' fundamental rights
- The First Amendment prohibits Congress from passing laws that violate freedom of speech and religion
- The Fourth Amendment prohibits unreasonable search and seizure of an individual or their property
- The Fifth Amendment provides several protections for people accused of crimes, including the right to a fair trial
- The Ninth Amendment states that the listing of specific rights in the Constitution does not mean people do not have other rights
The Fourteenth Amendment gives federal courts the power to intervene if a state threatens its citizens' fundamental rights
The Fourteenth Amendment was passed after the Civil War to protect individual rights from interference by the states. It gives federal courts the power to intervene if a state threatens its citizens' fundamental rights. The Amendment's Due Process Clause prohibits states from depriving any person of "life, liberty, or property, without due process of law". This clause has been interpreted to mean that the government can only deprive a person of their rights according to the law applied by a court.
The Fourteenth Amendment also includes the Privileges and Immunities Clause, which prohibits states from denying any citizen the "privileges and immunities" of citizenship. This clause has been used to uphold state prohibitions on racial discrimination by unions, rejecting claims that such measures interfered unlawfully with the union's right to choose its members or violated its property rights or liberty of contract.
The Fourteenth Amendment's Due Process Clause has been a source of controversy, with critics arguing that it allows unelected Supreme Court justices to impose their policy preferences on the nation. However, the theoretical basis for substantive due process is well-established and forms the basis for much of modern constitutional case law.
The Amendment's passage gave federal courts the authority to intervene when a state threatened its citizens' fundamental rights, as outlined in the Bill of Rights. This includes the application of the first eight Amendments against the states, such as free speech, freedom of religion, and protection against unreasonable searches and seizures.
In summary, the Fourteenth Amendment gives federal courts the power to intervene if a state threatens its citizens' fundamental rights, as outlined in the Due Process Clause and the Privileges and Immunities Clause. This has had a significant impact on protecting citizens' rights and shaping modern constitutional case law.
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The First Amendment prohibits Congress from passing laws that violate freedom of speech and religion
The First Amendment to the U.S. Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, prohibits Congress from making any law that infringes on the freedom of speech and religion. This amendment is one of ten amendments in the Bill of Rights, which collectively outline fundamental rights and liberties for US citizens.
The First Amendment states:
> 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.
This amendment guarantees the right to free speech, freedom of religion, freedom of the press, and the right to assemble and petition the government. It ensures that individuals can speak, publish, read, and view information, worship or not worship as they please, associate with others, and gather to request changes in laws or corrections to societal wrongs. The First Amendment also protects criticism of the government, political dissatisfaction, and advocacy of unpopular ideas, except in a few narrow categories of unprotected speech, such as obscenity, child pornography, defamatory speech, false advertising, true threats, and fighting words.
The Fourteenth Amendment further extends the protections of the First Amendment to state and local governments, ensuring that these rights are upheld at both the federal and state levels.
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The Fourth Amendment prohibits unreasonable search and seizure of an individual or their property
The Fourth Amendment of the United States Constitution prohibits the federal and state governments from conducting "unreasonable searches and seizures". This amendment protects the rights of individuals to be secure in their persons, houses, papers, and effects, ensuring their personal security, liberty, and private property.
The Fourth Amendment requires the government to obtain a warrant based on probable cause to conduct a legal search and seizure. The warrant must specifically describe the place to be searched and the persons or things to be seized. The probable cause must be supported by an oath or affirmation. This amendment ensures that each search or seizure is authorized by a judge in advance, and the government must demonstrate a certain level of suspicion of criminal activity to justify their actions.
The interpretation of "reasonable" searches and seizures has been a matter of debate for the U.S. Supreme Court for over two centuries. Technological advancements have expanded the government's capabilities in searching and surveilling individuals, raising questions about what constitutes a "search" under the Fourth Amendment.
In the case of Mapp v. Ohio (1961), the Court ruled that the Fourth Amendment's protections applied to state courts through the Fourteenth Amendment. This case established that evidence obtained in violation of the Fourth Amendment, without a proper warrant, is inadmissible in state courts. This ruling reinforced the exclusionary rule, ensuring that illegally obtained evidence cannot be used by the prosecution in court.
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The Fifth Amendment provides several protections for people accused of crimes, including the right to a fair trial
The Fifth Amendment, sometimes called the "rights of persons", provides several protections for people accused of crimes, including the right to a fair trial. It is a vital part of the Bill of Rights, which guarantees important freedoms to Americans. The Fifth Amendment is like a shield that protects people from unfair treatment by the federal government, especially if they are accused of a crime.
The Fifth Amendment ensures the protection against self-incrimination, a fundamental right in the United States legal system. This provision means that individuals cannot be forced to provide evidence or testimony that could be used against them in a criminal case. It is often summarized as the right to remain silent. This protection is crucial because it prevents the government from coercing confessions or compelling individuals to testify against their interests. The right against self-incrimination also extends beyond just verbal statements; it includes other forms of evidence that could potentially incriminate someone, such as documents or physical evidence.
The Fifth Amendment also includes the Double Jeopardy Clause, which provides three distinct rights: a guarantee that a defendant will not face a second prosecution for the same offense, a guarantee that a defendant will not face a second prosecution after an acquittal, and a guarantee that a defendant will not face a second prosecution after a conviction. Additionally, the Fifth Amendment's Just Compensation Clause requires the government to pay fair market value compensation to the owner if it needs to take private property for public use.
The Fifth Amendment guarantees due process, which essentially ensures that a party will receive a fundamentally fair, orderly, and just judicial proceeding. Due process protections ensure that every person is treated fairly by the legal system. This includes the right to be heard and to receive proper notice. While the Fifth Amendment only applies to the federal government, the identical text in the Fourteenth Amendment explicitly applies this due process requirement to the states as well.
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The Ninth Amendment states that the listing of specific rights in the Constitution does not mean people do not have other rights
The Ninth Amendment to the United States Constitution is part of the Bill of Rights. It states that the listing of specific rights in the Constitution does not mean that people do not have other rights that are not explicitly mentioned. In other words, it affirms the existence of unenumerated rights retained by the people, beyond those explicitly mentioned in the Constitution.
The Ninth Amendment was introduced during the drafting of the Bill of Rights when some of the American founders became concerned that future generations might argue that a right not listed in the Bill of Rights did not exist. This amendment was a response to the Anti-Federalists' argument that a Bill of Rights was necessary. The Federalists, including James Wilson and Alexander Hamilton, initially opposed the addition of a Bill of Rights, arguing that enumerating certain rights could imply that all those not listed were surrendered or could be used to justify government power over any liberties not explicitly mentioned.
However, the Anti-Federalists' demand for a Bill of Rights resonated with the public, and Federalists like James Madison eventually proposed amendments to be added after the Constitution's ratification. The Ninth Amendment, as it stands today, was rewritten from Madison's original proposal, which stated that exceptions made in favor of particular rights should not be construed to diminish the importance of other rights retained by the people or enlarge the powers delegated by the Constitution. Despite the inclusion of the Ninth Amendment, it has rarely played a significant role in US constitutional law and has often been considered "forgotten" or "irrelevant" by legal academics.
The interpretation and legal effect of the Ninth Amendment remain a subject of debate among scholars and judges. Some, like Justice Antonin Scalia, argue that it does not affirm any specific rights and should not be used by judges to enforce unenumerated rights. In contrast, others advocate for a "federalism" approach, which gives the provision judicial effect by narrowly construing the scope of Congress's enumerated powers. Despite these differing interpretations, the Ninth Amendment supports the view that the "liberty" protected by the Fifth and Fourteenth Amendments is not limited to the rights explicitly mentioned in the first eight amendments.
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Frequently asked questions
The Bill of Rights does not explicitly bind the states, but the Fourteenth Amendment does forbid states from abridging the rights of any citizen without due process.
The Bill of Rights comprises the first ten amendments to the US Constitution and protects the rights of individuals and states from infringement by the federal government.
The Bill of Rights protects several rights, including free speech, freedom of religion, protection against unreasonable searches and seizures, protection against self-incrimination, and the right to a fair trial.
Yes, in the case of *Dobbins v. Commissioners of Erie County (1842)*, a Pennsylvania law that imposed taxes on a federal officer was deemed to have imposed an invalid burden on a federal instrumentality, thus violating the Constitution.
Yes, states have the authority to pass laws that do not infringe on the rights protected by the Bill of Rights. For example, state laws outlawing racial discrimination by unions have been upheld by the Court.
