4,993
edits
US Constitution study guide: Difference between revisions
→Bill of Rights [Amendments 1-10]
| Line 922: | Line 922: | ||
== Bill of Rights [Amendments 1-10] == | == Bill of Rights [Amendments 1-10] == | ||
'''{{#tip-text:[BIll of Rights | '''{{#tip-text:[BIll of Rights|Bill of Rights | ||
* = the first ten amendments that were adopted as a group | * = the first ten amendments that were adopted as a group of amendments in 1791 | ||
* known collectively as the "Bill of Rights" (BOR) | * known collectively as the "Bill of Rights" (BOR) | ||
* BOR protects certain individual rights from "infringement" by the federal government | * BOR protects certain individual rights from "infringement" by the federal government | ||
* or prohibiting laws, as in "Congress shall make no law respecting..." certain rights | * or prohibiting laws, as in "Congress shall make no law respecting..." certain rights | ||
* i.e., the BOR does not create those rights, it protects rights that already exist or that exist "naturally" (called "natural law") | * i.e., the BOR does not create those rights, it protects rights that already exist or that exist "naturally" (called "natural law") | ||
* their | Issues, problems & limits: | ||
* Madison feared that a general convention, called by the states per Article V, might take the opportunity for direct amendment of the Constitution, as opposed to merely adding the BOR | * as originally enacted and interpreted by the Courts, the BOR did not apply to the states | ||
* therefore he and the Federalists used Article V power | * see the 14th amendment for how that amendment opened the path for judicial application of the BOR to state law (called "incorporation" of the BOR | ||
Issues, problems & limits: | |||
* the BOR protections have been construed (interpreted) by the Courts to include other rights or privileges that are not listed in the BOR | |||
* ex., the courts have construed the Sixth Amendment right to counsel in criminal cases to mean that the government must pay for an attorney for someone who cannot afford one | |||
* in general, limits on the BOR protections are based on the '''public safety''' | |||
* that is, individual protections may be limited by general needs, especially in times of crisis)}}''' and '''{{#tip-text:historical background|historical background: | |||
* during the debates over adoption of the Constitution, the "anti-federalists," who opposed it, argued forcefully that the Constitution gave too much power to the central government and offered no protections for the people and their rights (which were commonly expressed in a "Bill of Rights" in England, the colonies and some of the new states) | |||
* the Federalists, who supported it, argued that the Constitution merely structed the new central government and therefor any powers or protection not in it belonged to the people | |||
* James Madison, a Federalist and the principal author of the BOR, did not consider the amendments essential, but he understood the political need for them | |||
* to resolve the contentious debate over ratification of the Constitution in Massachusetts in Dec 1787-Jan 1788, Revolutionary heroes, Samuel Adams and John Hancock, both anti-Federalists, agreed to support adoption of the Constitution if accompanied by proposed amendments to it, including protection of certain individual rights | |||
* subsequently, Virginia and New York ratified it along with proposed amendments | |||
* so it was understood that a Bill or Rights would be added to the Constitution following adoption of it and commencement of the new government in 1790 | |||
* now a Representative, James Madison feared that a general convention, called by the states per Article V, might take the opportunity for direct amendment of the Constitution, as opposed to merely adding the BOR | |||
* therefore he and the Federalists, who controlled the first Congress, used Article V power for Congress by 2/3rds vote to propose amendments for consideration by the states | |||
* a series of amendments were introduced to the House of Representatives by Madison, including one to apply the BOR to the states and another to add the protection of natural rights to the Preamble | * a series of amendments were introduced to the House of Representatives by Madison, including one to apply the BOR to the states and another to add the protection of natural rights to the Preamble | ||
* the House approved 17 Articles, the Senate approved 12 of them, and the states ratified 10 of them as of Dec 15, 1791 | * the House approved 17 Articles, the Senate approved 12 of them, and the states ratified 10 of them as of Dec 15, 1791 | ||
* one of the two remaining Articles was adopted on May 5, 1992 as the 27th amendment (regarding Congressional compensation | * one of the two remaining Articles was adopted on May 5, 1992 as the 27th amendment (regarding Congressional compensation)}}'''] | ||
===Amendment 1 [protections of religion, speech, press, assembly & petition]=== | ===Amendment 1 [protections of religion, speech, press, assembly & petition]=== | ||