The Bill of Rights

The Bill of Rights

Ratified in 1791, the Bill of Rights are the first 10 amendments to the Constitution. The Bill of Rights protect citizens from government actions and include special protections for people accused of crimes.

1st Amendment

Our freedoms of expression are protected by the 1st amendment. Those freedoms are: Religion, Speech, The press, Assembly, and Petition.

Freedom of Religion

The two key components of the freedom of religion are the Establishment Clause, which states that the government may not set up an official religion for the nation; and the Free Exercise Clause, which states that the government may not interfere with the free practice of religion.

In the free practice of religion, laws must be obeyed unless it’s decided by the Supreme Court that beliefs are justified at the expense of laws. While there is a a wall of separation between religion and the government, there are some exceptions, such as houses of worship not being taxed, “One nation under God” in the pledge of allegiance, “In God We Trust” on money, and the oath of office for Congress & the Presidency.

Freedom of Speech

The government may not limit the right of individuals to express their opinions. Individuals are free to express their beliefs in speech, writing, or symbolically through art, music, and clothing. Although individuals have the right to free speech, they don’t have the right to do or say anything they want, and the 1st Amendment only protects people from the actions of government, not the reaction of other people or institutions, such as schools, businesses, and the media.

Limits of Free Speech

There are many forms of speech that are not protected.

Speech that creates a dangerous situation, like shouting “fire!” in a crowded room or “bomb” on an airplane, is not protected. Speech that provokes immediate violence or illegal actions, like someone telling a crowd to go rob a bank, then the crowd robs a bank, is not protected.

Defamation, or false claims such as slander (spoken lies) and libel (written lies), which harm somebody’s character or reputation, is also not protected.

Obscene & indecent speech is not protected, and the courts decide what obscenity and indecency are.

Speech that endangers national security in times of war is not protected, and courts can limit what participants can say in public about a case to ensure a fair trial.

Freedom of the Press

People have press freedom, or the right to publish information in the media, though there are limits.

The media can criticize and/or poke fun at the government, public figures, and other institutions. The media cannot publish defamatory material, or make false claims.

To ensure a fair trial, the media cannot violate the rights of the accuser or the accused.

The media also cannot distribute obscene or indecent materials to people who do not want them.

Lastly, the government cannot censor books, newspapers, or other media like television or radio unless national security is at risk.

Freedom to Assemble

People have a right to assemble, or gather, as long as their meetings are peaceful. A demonstration can be stopped if it disrupts public order, so people can’t protest on an interstate highway. Localities are allowed to require protesters to apply for permits in order to assemble. If an assembly is peaceful, the demonstrators cannot be stopped nor punished because of the actions of the bystanders.

Freedom to Petition

The right to petition is the right to express one’s ideas to the government. Petitions that reach over 100,000 signatures in 30 days a receive an official response from the White House. People may petition, or ask, the government to redress, or correct, wrongs without government action.

2nd Amendment

The 2nd Amendment protects the right to bear arms, or possess firearms, to keep a “well-regulated militia necessary to the security of a free state”. This was necessary because there was no national armed force in 1789.

As the nation’s armed forces have grown in strength and numbers, militias are no longer necessary, and the meaning behind the 2nd Amendment has continuously been debated.

The Supreme Court has ruled that the right to bear arms cannot be taken away by national and state governments, but those governments can place some regulations on gun ownership, such as age restrictions, legal status, types of guns, concealed laws and open carry laws.

3rd Amendment

The 3rd amendment prevents the federal government from commandeering (taking over) private homes for the military in peacetime without consent of the owner. The British did this to the colonists before the Revolutionary War. In times of war, however, Congress can pass laws requiring it.

4th Amendment

The 4th amendment protects citizens from unreasonable searches & seizures and requires authorities to need a warrant in order to conduct a search. This was a reaction to the British government, who allowed colonial authorities to conduct searches & seize property without warrants.

Authorities do not need a warrant to conduct a search or seizure if they have probable cause, or reasonable suspicion of criminal activity, which would be the case when placing someone under arrest or if something can be seen, heard, felt, or smelled.

5th Amendment

The 5th Amendment states that no person shall be deprived of life, liberty, or property except by the “law of the land” without due process of the law, which protects people from unfair governmental actions and laws. The 5th Amendment was inspired by Magna Carta. There are several 5th Amendment protections.

All people have the right to have a grand jury decide whether or not to have the accused charged of serious crimes.

People also are protected from self-incrimination, meaning that the accused does not have to be a witness against themselves.

People have protection from double jeopardy, which means that they can’t be tried more than once for the same crime w/ the same evidence.

People also have the right of to be paid a fair price if the government declares eminent domain, or takes private property to benefit public use.

Trial Rights

The 6th Amendment protects several trial rights of someone accused of a crime.

Someone who has been accused of a crime has writ of habeas corpus, which means that the accused must be publicly informed of charges against them in front of a judge.

The accused also has the right to a speedy and public trial in front of a jury of peers in the jurisdiction where crime is alleged to have occurred, which was a reaction to the British, who tried people accused of crimes in Massachusetts back in Britain.

The accused also has the right to the presumption of innocence, which means that the accused is innocent until proven guilty.

The accused may also confront their accusers and have witnesses to testify in their defense.

The accused also has the right to a lawyer in any trial, and if the accused cannot afford counsel, it must be provided.

The 7th Amendment requires a jury trial in civil conflicts if the value of the dispute is over $20.

8th Amendment

The 8th Amendment protects the accused from unfair treatment before, during, and after a trial.

The accused is allowed the accused to post bail, or deposit money to get out of jail in exchange for pledging to appear at the trial.

The accused also is protected from from “cruel and unusual punishment”. Examples of this protection include no unfairly high bails, no long prison sentences for minor crime convictions, and no punishment that inflicts needless punishment on the person who has been convicted.

The death penalty is not considered "cruel and unusual" punishment, but the accused can only be sentenced to death if they are convicted of murder under a specific set of circumstances.

Protections of Other Rights

The 9th Amendment protects peoples’ rights not listed in the Constitution, which is basically the right to live free. The right to do things like eat junk food, play games, take showers, go for a walk, and whatever else people want to do is protected by the 9th Amendment.

The 10th Amendment establishes that reserved powers, or powers not belonging to the national government nor denied to the national or state government, belong to the states. Examples of states exercising reserved powers would be the Virginia's radar detector ban, a Salem law allowing citizens to have 6 chickens in residential areas, and the death penalty ban in several states.

If no local, state, or federal law exists, then the power is reserved to the people.

Resources

BOR Reading Guide

BOR Battleship