Cecily Zamora
The US Constitution is composed of the Preamble, seven articles, and 27 amendments, the first 10 of which are known as the Bill of Rights. The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. It was strongly influenced by the Virginia Declaration of Rights, the Magna Carta, the English Bill of Rights, and other documents. The amendments in the Bill of Rights outline specific rights that citizens are entitled to, such as freedom of speech, freedom of religion, and the right to bear arms. They also include protections for people accused of crimes, such as the right to a speedy and public trial, and prohibitions on cruel and unusual punishment.
| Characteristics | Values |
|---|---|
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| First Amendment | 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. |
| 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. |
| Third Amendment | No soldier shall, in time of peace be quartered in any house, without the owner's consent, nor in time of war, but in a manner to be prescribed by law. |
| Fourth Amendment | The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause. |
| Fifth Amendment | Provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury. A person cannot be tried twice for the same offense (double jeopardy) or have property taken away without just compensation. People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials). |
| Sixth Amendment | Provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. |
| Seventh Amendment | Extends the right to a jury trial in Federal civil cases. |
| Eighth Amendment | Bars excessive bail and fines and cruel and unusual punishment. |
| Ninth Amendment | States that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out. |
| Tenth Amendment | States that the Federal Government only has those powers delegated in the Constitution. |
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What You'll Learn
The First Amendment: Freedom of religion, speech, and press
The US Constitution's First Amendment guarantees freedom of religion, speech, and the press. It was passed by Congress on September 25, 1789, and ratified on December 15, 1791. The First Amendment, along with nine other amendments, forms the Bill of Rights, which was added to the Constitution to limit government power and protect individual liberties.
The First Amendment states that "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 means that the government cannot establish an official religion or prevent people from practising their chosen religion. It also protects the freedom of speech and the press, ensuring that individuals can express their opinions and ideas without government interference.
The freedom of religion guaranteed by the First Amendment has two key components: the free exercise clause and the establishment clause. The free exercise clause ensures that individuals can practise their religion without government interference. The establishment clause prohibits the government from establishing an official religion or favouring one religion over another.
The freedom of speech protected by the First Amendment means that government entities cannot restrict a person's ability to express their opinions or ideas. The government also cannot retaliate against someone based on their speech. The Supreme Court has interpreted the First Amendment over the years to determine the scope of these rights, addressing questions such as whether religious schools can receive government funding and what actions are protected by freedom of expression.
The First Amendment's protections for freedom of the press ensure that the press can operate without government censorship or restraint. This freedom is essential for a free and democratic society, as it allows for the open discussion of public issues and holds government and other powerful entities accountable.
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The Second Amendment: Right to bear arms
The Second Amendment to the United States Constitution, also known as Amendment II, protects the right of Americans to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the United States Bill of Rights. The Second 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 right to bear arms has been a topic of debate and has undergone several interpretations over the years. Initially, the Second Amendment was only applied to the federal government, with the Supreme Court ruling in 1876 that it did not grant the right to bear arms, but restricted the powers of the National Government from infringing upon this right. In the 20th and early 21st centuries, there was a significant increase in political and social commentary on the Second Amendment.
A landmark decision by the Supreme Court in District of Columbia v. Heller (2008) affirmed that the Second Amendment protects an individual's right to keep a firearm for self-defence. This decision clarified that the right to bear arms is not unlimited and does not include certain prohibitions, such as those forbidding felons and the mentally ill from possessing firearms. The Court further ruled that state and local governments are limited by the same restrictions as the federal government regarding this right.
The right for citizens to possess weapons predates the Constitution. The English Bill of Rights in 1689 allowed Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law." This was later described by Sir William Blackstone as an "auxiliary right," supporting core rights such as self-defence and resistance to oppression.
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The Third Amendment: No quartering of soldiers
The US Constitution's first three founding documents are the Bill of Rights, which was added to limit the government's power. The Third Amendment, which is rarely litigated, is part of this Bill of Rights. It states that "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 was introduced in 1789 by James Madison, in 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 barracks and public buildings.
The Third Amendment was passed by Congress on September 25, 1789, and ratified on December 15, 1791. It is one of the least controversial and least cited sections of the US Constitution. This is because, as Encyclopædia Britannica puts it, "as the history of the country progressed with little conflict on American soil, the amendment has had little occasion to be invoked". To date, no major Supreme Court decision has used the amendment as its primary basis. However, it has been invoked in a few instances to help establish an implicit right to privacy in the Constitution.
In Mitchell v. City of Henderson (2015), the Third Amendment was cited, but the court held that it did not apply to intrusions by municipal police officers as they are not soldiers. In an earlier case, United States v. Valenzuela (1951), the defendant asked that a federal rent-control law be struck down because it violated Amendment III, but the court declined. In Jones v. United States Secretary of Defense (1972), Army reservists unsuccessfully cited the Third Amendment as justification for refusing to march in a parade.
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The Fourth Amendment: Protection from unreasonable search and seizure
The Fourth Amendment to the United States Constitution, ratified on December 15, 1791, protects the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. This means that the police cannot search a person, their home, or their property without a warrant or probable cause.
The Fourth Amendment reflects the Framers' intent to avoid the unjust searches and seizures they experienced under English rule. In England, general warrants authorised royal officials to search the belongings of a person without any cause other than the perceived suspicion that they were political enemies. Similarly, in the colonies, "writs of assistance" authorised officials to conduct warrantless searches for untaxed items.
The Fourth Amendment requires the government to obtain a warrant based on probable cause to conduct a legal search and seizure. A court authority, usually a magistrate, will consider the totality of the circumstances to determine whether to issue a warrant. The warrant requirement may be excused in exigent circumstances if an officer has probable cause and obtaining a warrant is impractical.
The Fourth Amendment does not guarantee protection from all searches and seizures, but only those done by the government and deemed unreasonable under the law. The ultimate goal of this provision is to protect people's right to privacy and freedom from unreasonable intrusions by the government.
There have been several landmark Supreme Court decisions regarding the Fourth Amendment. In Katz v. United States (1967), the Court ruled that installing a wiretap constituted a search under the Fourth Amendment, and introduced the concept of a "reasonable expectation of privacy". In Mapp v. Ohio (1961), the Court held that evidence obtained in violation of the Fourth Amendment is inadmissible in state courts.
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The Fifth Amendment: Protections for the accused
The Fifth Amendment to the US Constitution provides several protections for people accused of crimes. Firstly, serious criminal charges must be initiated by a grand jury. This right, however, has not been incorporated at the state level. The grand jury system, which dates back to 12th-century English common law, was intended to protect the accused from overly zealous prosecutions.
Secondly, the amendment prohibits double jeopardy, meaning a person cannot be tried twice for the same offence, nor can they be compelled to be a witness against themselves. This protection against self-incrimination means that a witness may "'plead the Fifth' and refuse to answer if they believe their testimony may incriminate them. In the 1966 landmark case of Miranda v. Arizona, the US Supreme Court extended this protection to any situation outside of the courtroom that involves the curtailment of personal freedom. This included the right to remain silent, the right to an attorney during questioning, and the right to a government-appointed attorney if the accused cannot afford one.
Thirdly, the Fifth Amendment protects against the arbitrary taking of private property without just compensation. Finally, the amendment guarantees due process, meaning that no person can be deprived of life, liberty, or property without fair procedures and trials. This guarantee of due process essentially ensures a fundamentally fair, orderly, and just judicial proceeding.
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Frequently asked questions
The Bill of Rights is the first 10 amendments to the US Constitution, ratified on December 15, 1791.
The First Amendment protects freedom of religion, speech, and the press, as well as the right to peaceably assemble and petition the government.
The Second Amendment states that "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 interpretation of this amendment has been a topic of debate, with factors influencing its constitutional understanding.
The Fifth Amendment states that serious criminal charges must be initiated by a grand jury, and it provides protection against double jeopardy and self-incrimination. It also ensures the right to due process of law. The Sixth Amendment grants the right to a speedy and public trial, an impartial jury, and the right to be informed of criminal charges.
The Third Amendment prevents soldiers from being quartered in private homes without consent. The Fourth Amendment prohibits unreasonable searches and seizures, requiring a warrant. The Seventh Amendment guarantees the right to a jury trial in civil cases, while the Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishments. The Ninth Amendment acknowledges that people retain rights not explicitly listed, and the Tenth Amendment reserves powers to the states or the people that are not delegated to the federal government.
