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The Bill of Rights Amendments

The Bill of Rights Amendments

Introduction

The Bill of Rights is the first ten amendments to the United States Constitution. These amendments outline fundamental rights and freedoms of individuals and are an integral part of American democracy. In this article, we will explore each of the amendments in the Bill of Rights and their significance in American history.

First Amendment: Freedom of Expression

The First Amendment guarantees the freedom of speech, religion, assembly, petition, and press. This amendment was added to the Constitution to protect individual rights and limit government interference in the expression of ideas and beliefs. It remains one of the most important amendments in American history, and its protections have been the subject of numerous landmark Supreme Court cases.

Second Amendment: Right to Bear Arms

The Second Amendment guarantees the right of individuals to keep and bear arms. This amendment was added to the Constitution to protect individual rights and to ensure that citizens would be able to defend themselves against enemies foreign and domestic. The interpretation of the Second Amendment has been highly controversial in recent years, with some advocating for stricter gun control laws and others for broader gun rights.

Third Amendment: Protection Against Quartering

The Third Amendment prohibits the government from forcing individuals to provide housing to soldiers during peacetime without their consent. This amendment was added to the Constitution to protect individual property rights and to limit government intrusion into the lives of citizens.

Fourth Amendment: Protection Against Unreasonable Search and Seizure

The Fourth Amendment prohibits the government from conducting searches and seizures of individual property without a warrant that is based on probable cause. This amendment was added to the Constitution to protect the privacy of individuals and to ensure that the government could not infringe on individual rights without due process of law.

Fifth Amendment: Protection Against Self-Incrimination

The Fifth Amendment protects individuals from being forced to testify against themselves in criminal cases. It also guarantees due process of law and protection from double jeopardy, or being tried for the same crime twice. This amendment was added to the Constitution to protect individual rights and to ensure fairness in the criminal justice system.

Sixth Amendment: Right to a Fair Trial

The Sixth Amendment guarantees the right of individuals to a fair and speedy trial by jury. It also guarantees the right to a public trial, the right to an impartial jury, and the right to counsel. This amendment was added to the Constitution to ensure that individuals received fair treatment in the criminal justice system.

Seventh Amendment: Right to Trial by Jury

The Seventh Amendment guarantees the right to trial by jury in civil cases. This amendment was added to the Constitution to ensure that individuals received fair treatment in civil lawsuits, and that disputes would be resolved by impartial juries.

Eighth Amendment: Protection Against Cruel and Unusual Punishment

The Eighth Amendment prohibits the government from imposing cruel and unusual punishment on individuals convicted of crimes. It also prohibits excessive bail and fines. This amendment was added to the Constitution to ensure that individuals received fair treatment in the criminal justice system, and to protect against government abuse of power.

Ninth Amendment: Protection of Unenumerated Rights

The Ninth Amendment protects individual rights that are not specifically listed in the Constitution. This amendment was added to the Constitution to ensure that the government could not infringe on individual rights that were not explicitly listed.

Tenth Amendment: Powers Reserved for the States

The Tenth Amendment reserves powers not specifically granted to the federal government to the states or to the people. This amendment was added to the Constitution to ensure that the federal government did not infringe on the rights of states or individuals, and to promote the idea of federalism.

Conclusion

The Bill of Rights is a fundamental part of American democracy, and its amendments outline the basic rights and freedoms that the government must protect. These amendments have been the subject of numerous legal battles throughout American history, and their interpretation has evolved over time. The Bill of Rights remains a crucial symbol of individual liberty and democratic government in the United States, and its protections continue to be a cornerstone of American society.


Although created over 200 years ago, the Bill of Rights is still incorporated into America’s legal system. Barron vs. Baltimore, a Supreme Court case from 1833 established a precedent that the Bill of Rights can only apply to the Federal Government.

In the years following, other cases such as the United States v. Cruikshank maintained the precedent established in 1833 and held that the First and Second Amendment of the U.S. Constitution did not apply to State or local governments.

Beginning in the early 1890s, however, the sentiments of the Supreme Court shifted. Numerous decisions involving cases that reflected Constitutional rights were interpreted through the 14th Amendment. Through the Due Process Clause established in the 14th Amendment, the Supreme Court ruled that the Bill of Rights is susceptible to inclusion against State governments.

Due process is a principle outlined in the 14th Amendment that forces the Federal Government to respect all legal rights awarded to an individual according to U.S. law. The Supreme Court has interpreted this Amendment as a direct extension of the Bill of Rights (and the entire Constitution) to all levels of Government. Although some of the Amendments outlined in the American Constitution are archaic, Due Process enables most of them to extend to all matters of the law.

The 1925 case of Gitlow vs. New York is regarded as the official genesis in regards to the incorporation of the Bill of Rights into State Constitutional law. During this case, Gitlow, an American citizen and member of the Socialist Party, was accused of criminal anarchy for his role in the publication of the “Left-Wing Manifesto.” The State court upheld the conviction citing clear and present danger as its justification, but the Supreme Court overturned the decision ruling that the First Amendment protected Gitlow’s free speech and freedom of press rights. This case established perhaps the most important Amendment (freedom of speech) into everyday life.

The following list will detail the Bill of Rights, how it pertains to Constitutional law and various court cases that solidified its place in everyday society.

1st Amendment-Guarantees the establishment and free practice of religion, along with freedom of speech, and freedom of the press.

● The establishment of religion became introduced through the decision in Everson vs. Board of Education. In 1947, using the American Constitution as his justification, a New Jersey citizen and taxpayer fought against a State law that authorized payments to school boards as a form of reimbursement for transportation costs. Of the schools that benefited, more than 96% were found to be private parochial Catholic Schools. Everson successfully argued that New Jersey violated the First Amendment by unfairly excluding other non-Catholic schools from receiving state funding.

● Freedom of speech is offered to all citizens and enables Americans to express themselves without censorship or limitation. Established by the previously mentioned Gitlow vs New York, freedom of speech will be upheld in all Constitutional law cases.

● The free practice of religion was established in the 1940 Supreme Court case of Cantwell vs. Connecticut. Newton Cantwell, a Jehovah’s Witness, was attempting to espouse his religious beliefs in a highly Roman Catholic neighborhood in Connecticut. Cantwell and his two sons were going door to door with pamphlets and books attempting to convert the citizens of the community. Cantwell and his two sons were arrested and charged with illegal solicitation and a breach of the peace. The Court administering the case ruled that Cantwell was not in violation of any wrongdoing for he was under the protection of the 1st and 14th Amendments.

2nd Amendment

The right to bear arms is arguably the most controversial Amendment in the American Constitution. Under Constitutional law, the interpretation has varied from an individual right to archaic liberty that only benefits militias.

3rd Amendment

Freedom from quartering soldiers is not that relevant by today’s standards and has not been incorporated with State Constitutional law.

4th Amendment

Protects individuals from unreasonable search and seizure. The 4th Amendment in the American constitution also requires law enforcement agencies to obtain a warrant or possess unreasonable doubt before entering an individual’s private property.

5th Amendment

Offers an individual the right to indictment by a grand jury; protects an individual from double jeopardy, self-incrimination, and the taking of private property without just compensation.

6th Amendment

This Amendment is present in all trials or court cases in America. The 6th Amendment in the American Constitution guarantees an individual the right to a fair, speedy, and public trial. The 6th Amendment also enables an individual to have legal assistance, regardless of the charge, and the right to confront adverse witnesses and notice of accusations. These rights are given to all men or women under trial for any sort of wrongdoing. They establish the “innocent until proven guilty” mantra that is present in the United States legal system.

7th Amendment

Offers individuals the right to a jury trial during civil court cases.

8th Amendment

Protects individuals from the Government imposing excessive bail and excessive fines during pending trials. The 8th Amendment in the American Constitution also protects individuals from cruel and unusual punishment for acts committed. Under this Amendment American citizens are free from torture, humiliating punishments, or punishments that degrade a human being.

9th Amendment and 10th Amendment

Due to their broadness and repetitive nature, these particular Amendments do not necessarily apply to Constitutional law.