Bill of Rights Amendments

THE BILL OF RIGHTS Amendments 1-10 of the Constitution True to his word, James Madison delivered on his promise to provide a bill of rights to the U.S. Constitution shortly after Congress convened. The first ten amendments were passed by Congress in 1789 and ratified by three-fourths of the states in 1791. There are some things to keep in mind about the Bill of Rights: 1. No right can be carried to the extreme. You cannot deliberately lie about someone and claim you are protected by free speech. You cannot declare yourself a church and claim that your salary is protected from taxes by the freedom of religion. You cannot gather in the middle of the night on someone’s lawn with a boom box blaring and claim freedom of assembly. 2. Courts have defined redefined rights until they are very confusing. Everything you need to know in understanding what is and what is not legal is far beyond what we can talk about in class. 3. Some amendments are hotly debated, and only a brief glimpse into these amendments is included below. The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution; Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely: Amendment I Five Freedoms: Freedom of religion, speech, and the press; rights of assembly and petition 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. An “established religion” is a national church supported by tax money. Religious beliefs are one thing; actions are another. A person may believe his religion allows him to rob banks, but that belief will not save him from going to prison if he acts on it. Freedom of speech and press may also be limited if they create a danger to public safety, health, or morals. Peaceable assembly may require a permit, and limits may be set on when and where to keep streets and buildings open for the public’s use. The right to petition the government for help or change keeps public officials from refusing to listen to citizen. Amendment II Right to bear arms 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. Few issues have created as much debate as this one. The anti-gun supporters say that the right is based on the need in the eighteenth century for militia; since that need has disappeared, strong restrictions on guns are needed to curb violence. The pro-gun supporters say that with few exceptions, a person has the right to keep and carry arms, and the rights of law-abiding citizens cannot be limited. Amendment III Housing of soldiers 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 was included because British troops were housed in private homes in the preRevolutionary period and during the war, and homeowners could do nothing to stop them. Americans wanted to make sure this did not happen again. Amendment IV Search and arrest warrants 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, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The old saying, “A man’s home is his castle,” is the basis for this limit on government. Americans remembered when British troops carried warrants (writs of assistance) allowing them to search anywhere for anything and used those warrants to harass patriots. The search warrant today requires specific information about who is being searched and what evidence the police are trying to find. Amendment V Rights in criminal cases No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. A grand jury hears evidence and decides whether there are enough facts to support bringing a person accused of a crime to court. People in the military do not have the some protection, but are under the UCMJ (Uniform Code of Military Justice). Those in the military receive some, but not all, rights of civilians. The “double jeopardy” provision is to keep government from harassing the citizen by constantly taking him to court for the same crime. It does not protect him from being brought to trial for different offenses of which he has been accused. If he has kidnapped someone and taken them across state lines, he might be tried for taking a kidnapped person across state lines in federal court and for kidnapping in state courts. A person does not testify in federal or state courts if he or she is a defendant. If he or she wants to testify, however, he or she can. Due process is following the rules, and unless that is done, the defendant cannot be punished. Taking a person’s property for a public purpose cannot be done without giving a fair price for that property. Amendment VI Rights to a fair trial In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. If a defendant is held too long before trial, it is like serving prison time, so limits are set from the time of arrest until the trial takes place. If the defendant keeps the trial from being heard by legal maneuvers, he cannot claim he was denied a speedy trial. Trials are to take place in the state and district where the crime took place. The defendant has the right to cross-examine witnesses, to issue subpoenas requiring witnesses to testify for him, and to have attorneys for his defense. Amendment VII Rights in civil cases In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. The rights in criminal matters had already been covered. This amendment involves noncriminal situations where the issue is usually damages. The parties may choose to have the judge rather than a jury settle the issue. This amendment does not carry over to state courts which have their own rules regarding juries. Amendment VIII Bails, fines, and punishments Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Bail is a pledge of money or property guaranteeing someone accused of a crime will appear in court. The amount depends on what kind of crime the person is accused of committing, the evidence against the accused, the financial ability of the accused, and the character of the accused. “Cruel and unusual” outlaws torture and slow death. Amendment IX Rights retained by the people The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Not every right has been included in the Constitution, but that does not mean an American has lost them. Amendment X Powers retained by the states and the people 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. If a power is not specifically given to the federal government in the Constitution, or denied to the states, then that power is given to the states or to the people of the United States. The states and citizens of the states have not lost their rights just because they have not been included. This was to emphasize again that both the states and the people have rights in addition to those that appear in the Constitution.