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The
First Ten Amendments or
The Bill of Rights
The
First Ten Amendments to the US Constitution are also known as the Bill
of Rights. It is a list of rights of the American people that the
government is not allowed to infringe upon. The First Ten Amendments
were added to the Constitution at the direction of the very first
Congress in 1789, though they were not official law until 1791. They
were added because many people believed the Constitution did not
adequately protect them from the government's power. James Madison led
the fight to add the amendments in order to gain much wider support for
the Constitution itself. Congress actually voted to have twelve
amendments, but only ten were passed by the states. The Constitution
requires that 3/4 of the state legislatures must accept an amendment
for any change to be made to the Constitution. You
can read the First Ten Amendments, the Bill of Rights, here.
What
do the First Ten Amendments actually say? What rights are protected by
them? The following section gives you a brief overview of what is in
each amendment with a link you can click on for more in depth
information.
The First
Amendment
The
First Amendment is without a doubt the most well known to Americans of
the First Ten Amendments.
Its familiar prohibitions against Congress making any laws regarding
freedom of religion, freedom of speech and freedom of the press are
some of the most commonly repeated thoughts in the discussion of
politics in America.
The First Amendment consists of seven parts:
- The Opening Clause - states that Congress can
not make laws about the forthcoming topics;
- The
Establishment Clause - prohibits the government from establishing a
state sanctioned church or religion and from favoring one religious
group over another;
- The Free Exercise Clause - says Congress cannot
interfere with people's religious expression;
- The
Freedom of Speech Clause - this guarantees freedom of speech to all
Americans without fear of being punished by the government for saying
something the government doesn't agree with;
- The Freedom of the
Press Clause - guarantees freedom of the press to print or advocate any
message they want without fear of being punished by the government;
- The Freedom of Assembly Clause - guarantees
that you can assemble with anyone you want to whenever you want;
- The
Freedom of Petition Clause - guarantees that you can petition
government officials to correct things that you think the government
may be doing wrongly.
You
can read more in depth about the meaning of each part of the First
Amendment by clicking here.
You
can read about the entire History of the Bill of Rights here.
Second Amendment
One of the First Ten Amendments that receives a lot of discussion these
days is the Second Amendment because of gun violence. It consists of
two clauses:
- The Well Regulated Militia Clause - which says
each state can have its own local militia;
- The Right to Bear Arms Clause - which says that
individuals have the right to keep and bear arms.
The
controversy lies in the interpretation of this amendment. Does it mean
only that States can have a militia, or does it also mean that
individuals can also have arms for self defense, rather than for
national defense?
Read
more about the interpretations and meaning of the Second Amendment here.
Third
Amendment
The
Third Amendment is not as well known to most Americans as some of the
other First Ten Amendments because it
addresses a topic that hasn't much affected modern life. It has only
one clause:
- The No Quartering of Troops Clause - This
means that the government is not allowed to house troops in people's
homes or property during peace time without their consent, or during
war time except as prescribed by law.
Read
more about the meaning of the Third Amendment here.
Fourth
Amendment
The
Fourth Amendment protects your stuff from unreasonable searches and
seizures of property by the government. It consists of two main parts:
- The
Unreasonable Searches and Seizures Clause - this means that government
officials must have a very good reason, such as evidence that points to
a crime, in order to search someone's personal property;
- The
Warrants Clause - This clause states that the government must have a
properly executed warrant, meaning that a judge has looked at the
evidence and has issued a formal order, in order to search or
confiscate someone's personal property. In other words, they cannot
search your property just because they want to.
You
can read more about the meaning of the Fourth Amendment here.
Fifth
Amendment
The
Fifth Amendment is better known to Americans than some of the other of
the First Ten Amendments, mostly due to the familiar phrase of criminal
defendants, "I plead the Fifth." The Fifth Amendment consists of six
clauses, which are:
- The Grand Jury Clause - Gives
defendants the right to have very serious charges screened and approved
by a Grand Jury of their fellow citizens;
- The Military Cases
Clause or Grand Jury Exception Clause - This clause excepts people in
the armed services in actual service from the Grand Jury right in the
previous clause;
- The Double Jeopardy Clause - This means that a
person cannot be tried or punished for the same crime more than once;
- The
Self-Incrimination Clause - People cannot be forced to testify against
themselves in court. This is popularly called "pleading the Fifth" or
"taking the Fifth;"
- The Due Process Clause - This states that
the government cannot punish someone unless there has been a thorough
process followed that protects the rights of the accused during a trial
or investigation;
- The Eminent Domain Clause/Just Compensation
Clause - This clause states that the government must pay a fair amount
for any lands it takes through the process of eminent domain.
You
can read more about the Fifth Amendment here.
Sixth
Amendment
The
Sixth Amendment focuses on protecting the rights of the accused against
the state. The state has a lot of power when it is trying to convict
someone and this Amendment tries to give some power to the accused to
defend himself. It consists of eight parts:
- The Speedy
Trial Clause - This clause states that people have a right to have
their case tried quickly and not drag on forever and ever;
- The Public Trial Clause - This guarantees a
public trial. In other words, the government cannot try someone in
secret;
- The Right to Trial by Jury Clause - This means
that criminal defendants have the
right to be judged by a jury of their neighbors;
- The
Arraignment
Clause - This states that people have a right to be notified of It is
not the manner of the Romans to deliver any man up to die before
the accused has met his accusers face-to-face, and has been given a
chance to defend himself against the charges.It is not the manner of
the Romans to deliver any man up to die before
the accused has met his accusers face-to-face, and has been given a
chance to defend himself against the charges.the
nature and circumstances of the crime they are being charged with;
- The
Confrontation Clause - This states that a defendant has
the right to be confronted by the witnesses who are testifying against
him;
- The Compulsory Process Clause - This states
that the defendant must be allowed to procure witnesses in his favor;
- The
Right to Counsel or Assistance of Counsel Clause - this states
that a defendant has the right to have a lawyer for his defense.
You
can read more about the Sixth Amendment here.
Seventh
Amendment
The
Seventh Amendment contains the third guarantee in the First Ten
Amendments of the right to trial by jury. You can see that it was a
very important right to the Founding Fathers to be addressed so many
times. The Seventh Amendment has two main parts:
- The
Trial by Jury in Common Law Clause - This clause is the third
mention in the First Ten Amendments of the right to trial by jury;
- The Reexamination Clause - This clause forbids
any court from reexamining or overturning any decision made by a jury.
You
can read more about the Seventh Amendment here.
Eighth
Amendment
The Eighth Amendment deals with punishments that courts may impose on
convicted people. It has two main clauses:
- The
No Excessive Fines Clause - This clause says that courts may not impose
excessive bail or fines upon defendants. What exactly an excessive fine
is is up to interpretation;
- The Cruel and Unusual Punishments
Clause - This clause forbids courts from imposing cruel or unusual
punishments upon people. Usually the definition of a cruel or unusual
punishment changes with each successive generation.
You
can read more about the Eighth Amendment here.
Ninth
Amendment
At
the time the Bill of Rights was being discussed, some people believed
that it would not be a good idea to add a bill of rights because they
thought it
would imply that any rights not
mentioned were not
guaranteed. In order to address this concern, James Madison introduced
an amendment that would specifically say that any rights not
specifically mentioned in the Constitution were still protected. So the
Ninth Amendment has only one part:
- The Enumeration of Rights Clause - This clause
guarantees protection of any rights not mentioned in the Constitution.
Read
more about the Ninth Amendment here.
Tenth
Amendment
The Tenth
Amendment is also one of the least known of the First Ten Amendments.
The Tenth Amendment contains only one clause as well:
- The Powers Not Delegated Clause or Reserved
Powers of the States Clause - This clause says that any rights not
designated as being under the power of the Federal Government are
automatically reserved by the states.
Read
more about the Tenth Amendment here.
Preamble
to the Bill of Rights
Learn
about the 1st Amendment here.
Learn
about the 2nd Amendment here.
Learn
about the 3rd Amendment here.
Learn
about the 4th Amendment here.
Learn
about the 5th Amendment here.
Learn
about the 6th Amendment here.
Learn
about the 7th Amendment here.
Learn
about the 8th Amendment here.
Learn
about the 9th Amendment here.
Learn
about the 10th Amendment here.
Read
the Bill of Rights here.
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