Amendments
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Amendments
Main article: List of amendments to the United States Constitution
The Constitution has a total of 27 amendments. The first ten, collectively known as the Bill of Rights, were ratified simultaneously. The following seventeen were ratified separately.
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The Bill of Rights (1-10)
United States Bill of Rights currently housed in the National Archives
Main article: United States Bill of Rights
The Bill of Rights comprises the first ten amendments to the Constitution. Those amendments were adopted between 1789 and 1791, and all relate to limiting the power of the federal government. They were added in response to criticisms of the Constitution by the state ratification conventions and by prominent individuals such as Thomas Jefferson (who was not a delegate to the Constitutional Convention). These critics argued that without further restraints, the strong central government would become tyrannical. The amendments were proposed by Congress as part of a block of twelve in September 1789. By December 1791 a sufficient number of states had ratified ten of the twelve proposals, and the Bill of Rights became part of the Constitution.
It is commonly understood that the Bill of Rights was not originally intended to apply to the states, though except where amendments refer specifically to the Federal Government or a branch thereof (as in the first amendment, under which some states in the early years of the nation officially established a religion), there is no such delineation in the text itself. Nevertheless, a general interpretation of inapplicability to the states remained until 1868, when the Fourteenth Amendment was passed, which stated, in part, that:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Supreme Court has interpreted this clause to extend most, but not all, parts of the Bill of Rights to the states. Nevertheless, the balance of state and federal power has remained a battle in the Supreme Court.
The amendments that became the Bill of Rights were actually the last ten of the twelve amendments proposed in 1789. The second of the twelve proposed amendments, regarding the compensation of members of Congress, remained unratified until 1992, when the legislatures of enough states finally approved it and, as a result, it became the Twenty-seventh Amendment despite more than two centuries of pendency. The first of the twelve–still technically pending before the state legislatures for ratification–pertains to the apportionment of the United States House of Representatives after each decennial census. The most recent state whose lawmakers are known to have ratified this proposal is Kentucky in 1792 during that commonwealths first month of statehood.
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First Amendment
Main article: First Amendment to the United States Constitution
The First Amendment addresses the rights of freedom of speech, freedom of the press, the freedom of assembly, freedom of petition, and also Freedom of Religion, both in terms of prohibiting the Congressional establishment of religion and protecting the right to free exercise of religion.
“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.”
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Second Amendment
Main article: Second Amendment to the United States Constitution
The Second Amendment, known as the right to bear arms, states in its entirety:
“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.”
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Third Amendment
Main article: Third Amendment to the United States Constitution
The Third Amendment prohibits the government from using private homes as quarters for soldiers without the consent of the owners. The only existing case law regarding this amendment is a lower court decision in the case of Engblom v. Carey. [4]
“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.”
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Fourth Amendment
Main article: Fourth Amendment to the United States Constitution
The Fourth Amendment guards against searches, arrests, and seizures of property without a specific warrant or a “probable cause” to believe a crime has been committed. A general right to privacy has been inferred from this amendment and others by the Supreme Court (See Griswold v. Connecticut), including a right to abortion (Roe v. Wade).
“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.”
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Fifth Amendment
Main article: Fifth Amendment to the United States Constitution
The fifth forbids trial for a major crime except after indictment by a grand jury; prohibits repeated trials for the same offense after an acquittal (except in certain very limited circumstances); forbids punishment without due process of law; and provides that an accused person may not be compelled to testify against himself (this is also known as “Taking the fifth” or “Pleading the fifth”). This is regarded as the “rights of the accused” amendment.
The Fifth Amendment also includes the “Takings clause,” which prohibits government from taking private property without “just compensation.” This is the basis of eminent domain