IJMC - The U.S. Bill of Rights
Here's an old one I've been holding out. This may not do much of anything
for those of you in other countries, but it's a good read for all
Americans. Knowing the laws of your land is a good thing...and it's hard
to know them if you don't check them once in a while. The commentary at
the end is also rather interesting...at least to me. -dave
More About the
BILL OF RIGHTS
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The Bill of Rights, ried on December 15, 1791, is the first
ten Amendments to the Constitution of the United States of
America.
Amendment I
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 is the fundamental basis for the right to free speech
and a free press. The 14th Amendment extended these to the
states.
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Amendment II
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 keep and bear arms, generally interpreted as
a right of the people to serve in a state militia, though
sometimes interpreted as an individual right to own weapons.
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Amendment III
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.
[*]Sets out the conditions for quarters for soldiers. The
quartering of British troops in private homes had been a sore
point among the colonists.
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Amendment IV
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.
[*]This regulatee right of seand seizure.
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Amendment V
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 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.
[*]Sets out provisions concerning prosecution, guarantees
trial by jury and compensation for taking private property
for public use.
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Amendment VI
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 defence.
[*]The right to a speedy and public trial, though it doesn't
define "speedy."
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Amendment VII
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
re-examined in any Court of the United States, than according to
the rules of the common law.
[*]The right of trial by jury, but not applicable to state
cs.
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Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishment inflicted.
[*]Prohibits excessive bail or fines and "cruel and unusual"
punishment. In the 1780s, punishment included burning at the
stake. The Supreme Court makes the final decision as to what
is "cruel and unusual."
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Amendment IX
The enumeration in the constitution of certain rights shall not be
construed to deny or disparage others retained by the people.
[*]Rules of construction of the Constitution.
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Amendment X
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.
[*]It limits the powers of the federal government by
reserving rights not assigned to the federal government to
the states, such as education, marriage and divorce.
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FACT SHEET: THE BILL OF RIGHTS
The Bill of Rights is the first ten Amendments to the Constitution
of the United States. It is historically a result of fierce
battles and compromise, and it was 200 years old in 1991.
The Bill of Rights was an outgrowth of the battle for ratification
of the Constitution itself. Several states - particularly such
populous and politically powerful states as Virginia,
Massachusetts and New York - made adoption of a Bill of Rights the
implicit or explicit "trade off" for their votes to ratify the new
federal Constitution.
Bills of rights were not a new idea. The various colonies had
framed such declarations of human rights early in the struggle
againstsion by theernment of GeoIII. They did this
while adopting their original state charters. Many of the
provisions of the federal Bill of Rights were modeled on those
prior state bills of rights.
James Madison, a member of the First Congress and later the fourth
president, is generally known as the "Father of the Constitution"
because of his instrumental role in its creation. Madison was at
first opposed to adding a bill of rights to the federal charter.
He felt that the new federal government should be a "limited
government" of only those powers expressly delegated to it by the
states in the written Constitution. Therefore, he thought setting
out specific limits on the central government's powers to be
unnecessary. He feared that an enumeration might later be used by
the federal government to justify overstepping in any area not
specifically listed.
Madison eventually recognized that a bill of rights would be
necessary to overcome opposition to the Constitution by those who
feared that it gave too much power to this new, central
government. His good friend, Thomas Jefferson, also helped
convince Madison that a bill of rights could in fact be structured
to serve as a proper limitation on government power.
The approach of Madison and Jefferson resulted in the Ninth and
Tenth Amendments. These amendments reaffirm that - despite
anything said in the previous amendments - the people retain
"unenumerated rights" against the government. The states retain
any powers not expressly given to the federal government.
After ratification of the Constitution, Madison began collecting
all the state bills of rights and various proposals from the state
ratifying conventions. He worked them into a set of proposed
amendments. It is Madison's work which emerged from the First
Congress and became the Bill of Rights sent to the states for
ratification.
The proposals sent to the states originally consisted of twelve
suggested amendments. The first two never were approved the
requisite number of states. On December 15, 1791, Secretary of
State Thomas Jefferson formally declared that he other ten
proposals had received the required approval. They became the
first amendments to the Constitution.
The First Amendment guarantees various freedoms of conscience -
including freedoms of religion, speech, press, assembly, and the
right to petition the government. The Second Amendment protects
the ability of states to raise militias and prohibits the federal
government from limiting the "right to bear arms" The Third
Amendment prevents the quartering of troops in private homes
except in wartime - and this has rarely been invoked. The Fourth,
Fifth, and Sixth Amendments cover various rights which arise
largely in a criminal context. They include limitations on
government searches, arrests, and interrogations, as well as
guaranteeing the rights we associate with fair trials. The Seventh
Amendment preserved the common law right to a jury trial in civil
lawsuits. The Eighth Amendment bars excessive bail or fines, or
"cruel and unusual punishment".
In the 1833 landmark case of Barron v. Baltimore, the Supreme
Court ruled that the Bill of Rights only applied to the federal
government. If this had remained the law, most of the rights we
now take for granted - such as freedom of speech, the right to
know why you are being arrested, the right to a jury or freedom of
religion - would not be enforceable at the state and local
government level - where it arises most often today.
Following the Civil War, the nation adopted the Fourteenth
Amendment. It contains a "due process" clause prohibiting states
from denying any person "life, liberty or property" without due
process of law. The Supreme Court first rejected the argument in
the criminal context - that this notion of "due process" made the
Bill of Rights applicable to the states.
In 1897, however, the Court ruled that "due process" must
incorporate the idea of just compensation for the public
appropriation of private property. This concept is embodied in the
Fifth Amendment. With this, the Court began making individual
provisions of the Bill of Rights binding on the states also. This
process has become known as the "incorporation" of the Bill of
Rights into the Fourh Amendment.
Today, most - but not all - of the guarantees of the Bill of
rights are applicable to state and local governments and the
federal government. This process took many years. For instance, it
wasn't until 1948 that the Court ruled that state governments
could not impose religious establishments on their people, or that
the states had to provide trials in public. Most of the
"incorporation" of the Bill of Rights took place in the 1960's. It
was not until 1979 that the Supreme Court held that defendants in
state courts were entitled to a unanimous verdict of a jury of at
least six people. The Court has refused to require a jury of
twelve jurors, as is required by the Constitution in federal
trials.
The Bill of Rights has continued to grow and adapt to our ever
changing world.
Prepared by Eric Schnurer, Esq.
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