The Bill of Rights: Amendments 1 - 10

Now that the Supreme Court is on recess until October, we have a little more time to digest all of the rulings from the past term and all the various components that lead to the Court ruling one way or the other.  I actually began this post with the idea of focusing on the Standards of Review (Levels of Scrutiny Test), a theory of Judicial Review used by the Supreme Court when deciding cases that raise constitutional questions.  However, as I began analyzing this relatively complicated theory of law I realized sometimes it is better to take a step back before moving forward.  When there is a reference to the First or Second Amendment, many of us have a general idea of what those clauses in our Constitution proclaim.  However a reference to the Fifth Amendment or Fourteenth Amendment likely will stump the average American.  In fact, do you know how many Constitutional Amendments there actually are? (Hint: the the most recent Amendment ratified was in 1992).   

Having a moment to catch our breath without a flurry of new court rulings being handed down, I thought it would be useful to break down the document that is the basis for all three branches of government and our entire system of law.  When I read court opinions, whether it be in the news, for work or a class, I CONSTANTLY find myself referring back to the U.S. Constitution.  There is no shame in refreshing your memory on the fundamentals of our governing doctrine!  When reading about a court decision I often have to look up words or theories being discussed.  There are times when I am reading a topic I feel I should know in detail, yet I still find myself having to look up words and references.  To start at the beginning, I just want to break down the Bill of Rights.

The Bill of Rights:  As difficult as it may be to read, this is a picture of the original Bill of Rights which comprise the first 10 Constitutional Amendments.  They were submitted by James Madison to the 1st United States Congress and came into effect on December 15, 1791 through the ratification by three-fourths of the States.  Prior to the Constitution, the 13 colonies operated under the Articles of Confederation, but it proved too weak and ineffective for the fledgling union.  When the current Constitution was being ratified by the States, some were worried about the rights of individuals and wanted specific protections laid out.  To avoid a failure in adopting the Constitution, the Bill of Rights was written and compose the first ten of the now twenty-seven Constitutional Amendments.  So what is actually in the Bill of Rights?  

 

The Bill of Rights

1. 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.
 
2. 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.
 
3. 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.
 
4. 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.
 
5. 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 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.
 
6. 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 defense.
 
7. 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 reexamined in any court of the United States, than according to the rules of the common law.
 
8. Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
 
9. Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
 
10. 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.

I hope this helps remind you of at least one or two of our earliest rights as they are guaranteed by the U.S. Constitution.