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Bill of Rights

The first 10 Amendments of the US Constitution, commonly referred to as the Bill of Rights. These amendments were considered crucial by many of the early founders and were necessary to gain support of some of the states.

2,194 Questions

What is the connection between ratification and the Bill of Rights?

Five states ratified conditionally, with amendments. James Madison rewrote those amendments into the Bill Of Rights.

What do the Bill of Rights address?

It deals with the rights of criminals and fair trials. They were written by James Madison when he served in the first congress before his presidency

Who was the president that signed the tenth amendment to the US Constitution?

What became the Tenth Amendment was the first one prepared at Virginia's key 1788 ratifying convention, written by the officers, and when first draft was read to all delegates it had only eight words, "All Powers, not herein, remain with the people". Patrick Henry jumped to his feet to agree and disagree. What he said led to a private meeting that night between between the two officers and Henry and George Mason. A few changes were made on this amending clause and then the second amen ding clause was prepared for the people to retain rights of all denominations (individual rights as well as Public Liberty or rights of the people, collectively, as the public. Thus, what became the ninth was written days before what was the third amending clause among the twelve sent back to the States by the First Congress. The third clause sent back was strictly a restrictive clauses, and seven

of the final ten ratified by the States were declaratory/restrictive or restrictive clauses which did not grant rights, including what became the First -- (the third sent back that fell into the first slot because the first two individual amendments were not ratified -- which did not grant any rights nor could it guarantee them. These and other factual truths will soon be released in a series of E-Books.

Who won the Third Amendment case Engblom v Carey?

The State of New York (Carey) won in the Second Circuit case Engblom v. Carey, 677 F.2d 957 (2d.c. 1982), but only on a technicality. The court held the guards had standing to bring a Third Amendment challenge.

Engblom was a guard in a New York State prison. She lived in a home owned by the prison, and provided as part of her pay.

The guards went on strike, and the State called in National guardsmen to guard the prison. The State evicted the strikers from their prison owned homes, and used them to house the National guardsmen that were replacing them.

Engblom sued, claiming that the States action violated the 3rd amendment ban on quartering soldiers in private homes without the owners consent.

The US Court of Appeals for the Second Circuit ruled that the ban included "tenants" as well as "owners", and that therefore it was illegal for the State to quarter the guardsmen in the prison guards homes without their consent. The State argued - unsuccessfully - that since they'd evicted Engblom, she was no longer a tenant and had no 3rd amendment right.

Engblom still lost the case, but on other, unrelated, grounds. (Immunity of State officials from suit from unknowing violation of the law)

For more information, see Related Questions, below.

What are the three exceptions to the right of free speech?

example : you can't yell "fire!" in a crowded movie theatre when there isn't a fire .

What is the 2nd amendment verbatim?

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.

How many amendments was originally in the Bill of Rights?

The original draft of the Bill of Rights had 17 Amendments, 10 of which would eventually be ratified. The Bill of Rights was ratified on December 15, 1791.

What does the second amendment mean to Americans today?

The FOUNDERS never said anything about bearing arms is a "god-given" right. What they DID say was that a well-governed MILITIA being necessary to the security of a free state... Where does it say ANYTHING about people being free to run amok with any kind of weapon they want? It doesn't.

The gun nuts have NOTHING to do with a well-regulated MILITIA! The time when a well-regulated militia is no longer required to protect our national security. The ONLY need for people being able to bear arms is to protect our government or any other government from being able to diminish our freedoms.

The FOUNDERS were thinking about single-shot weapons, not the assault weapons that so many people want to tote around in public.

I am for keeping a weapon for my personal safety, especially when I am traveling around. As a 73 year young woman, I am seen by some as a potential target. I'm nothing of the sort. I'm an Air Force veteran, I carry and know how to use a deadly weapon.

Bottom Line: Self restraint is necessary when owning weapons. A few years ago, an intruder trespassed on our property--I had the right to shoot the offender. I chose to only cock the shotgun I was holding while keeping my finger OFF the trigger. All it took was the sound of the shotgun to put the trespasser on the ground. A neighbor called 911 and the police took him away. I DID NOT FIRE! The problem is that too many people do not understand that a bullet or shot pellets cannot be recalled.

Can you explain the bill of rights in elementary word?

If this is an exercise you have to complete, then the fifth word is the most important word in the question.

YOUR own words is what is being looked for.... not someone else's words.

Read the Bill of Rights, and interpret each section in your own words.

Why is the 4th amendment important?

The 4th Amendment ensures that the privacy of U.S. citizens is protected, except in the case that a warrant is given by an authority for a reasonable purpose. (In example, a warrant may be given to search a home if an authority has reason to believe that the owner or resident has committed a crime.)

What are the Effects of the Bill of Rights on your life?

Each person has to answer this individually, of course.

You might talk about how you can join a church of your choice, or none at all; how you can choose to own a gun, or not; how you can have the courage to write a letter about the President without fear of arrest; how you know you will never be arrested and tortured to confess; how you can know that the government will never just appropriate your home to use for soldiers to live in; and so many more guarantees that just don't exist in much of the world. Where such freedoms do exist, they are often modeled on America's Bill of Rights.

What are the 5 principles underlying the constitution?

1. Popular Sovereignty- people are the most important source of governmental power. Over time popular sovereignty has been expanded y amendments to the Constitution that grant more groups the right to vote: African Americans (the 15th Amendment), women (the 19th Amendment), and young people between the ages of 18-21 (the 26th Amendment)

2. Separation of Powers- believed that allocating 3 basic functions of government (legislative, executive, and judicial) could power be appropriately dispersed a. Adopted from Montesquieu (18th century, French) b. Parliamentary system- opposed to t because they believed that parliaments could be manipulated by monarchs or captured by impassioned but short lived majorities c. Distributive articles- 1st 3 articles of the Constitution define the structure and powers of congress (Article 1), the executive (Article 2), and the judiciary (Article 3)

3. Checks & Balances- Checks and Balances- no single branch can permanently dominant the other branches. Madison Fed 51= power must be divided, checked, balanced and limited. a. Staggered terms of president and senate help to avoid the tyranny of the majority b. Judicial Review- the power of the federal courts to rule on the constitutionality of legislation (nowhere explicitly provided in the constitution, framers supported this concept) i. Marbury v. Madison (1803)- Supreme Court asserted the power to review acts of congress and declare them null and void if they are found to be contrary to the constitution. Fletcher v. Peck (1810) extended this power to encompass the validity of state laws under the federal constitution

4. Limited Government-guarentees that government does not hold all the power and that it does only those things that people allow it to do. Government officials are subject to law themselves and held to the principles established in the Constitution. Presidents may be impeached, representatives may be voted out of office, and potential judges may be denied confirmation by the Senate.

5. Federalism- division of power between national and state governments. For example, only the federal legislature can declare war, only state governments can conduct elections, but both levels of government can levy and collect taxes.

When was the fifth amendment passed?

The Fifth Amendment of the Constitution of the United States of America was added or amended to the Constitution in 1789, as a series of articles, when the Bill of Rights was written. It was then ratified on December 15, 1791.

What does the Fifth Amendment mean to Americans today?

It gives you the right to a trial by jury, keeps you from being tried twice (double jeopardy) for the same crime, gives you the right to avoid self-incrimination, ensures Due process of law, and defines Eminent domain. All of these of course are subject to court's interpretation, and we've seen lately what liberal judges think of the constitution, eminent domain, due process, and pretty much the rest of the Bill of Rights.

What is fourth amendment problem?

The Fourth Amendment to the United States Constitution was agreed upon during America's Founding Period primarily due to the practical experience of Americans during British rule of their homes. Not only did British officials and/or troops enter American homes at will and violently; they also received permission to do so by way of a prejudiced process: British legal authorities granted such permissions in pursuit of the same objectives as those pursued by the officials and troops violating American homes. The Fourth Amendment sought to prevent such problems from arising in future.

The bill of rights guarantees?

The Bill Of Rights are the ten amendments to the US Constitution that were passed shortly after the Constitution was ratified. They guarantee specific individual rights.

The amendments are listed below. The items that are generally considered most significant have been bolded:

# Speech, religion, and assembly # Carry guns(there's a disagreement as to whether this right is specific to militias, or to individuals). # Not be forced to house soldiers during peace time # To be protected from being unreasonably searched. This is the amendment violated when police fail to obtain search warrants before conducting searches. This amendment has been broadly (and controversially) interpreted as a right to privacy that prevents the government from restraining any private behavior, and was the reasoning behind the Roe v Wade ruling that argued that there were only some abortions that society could vote to prohibit. # Guarantees due process of the law before imprisonment, or confiscation of property without fair compensation. Also prohibits double jeopardy (being tried twice for the same crime), and allows a person to refuse to testify against himself. This is the source of the right to remain silent. # Fair trial in criminal issues: speedy trial, impartial jury, right to an attorney, to confront witnesses, and to compel witnesses to testify. # Trial by jury in common law issues

# No excessive bail, or cruel and unusual punishment. Some have argued that this should ban capital punishment (the death penalty), arguing that even though the authors of this amendment clearly did not have that intent, that our standards have changed enough that capital punishment meets today's standard of cruel and unusual. # That the listing of certain individual rights should not be construed to deny individual rights that are not listed. # Powers not appearing in the Constitution are retained by the states, or by the people.

Why did the anti-federalist favor a bill of rights?

The Anti-Federalists did not support ratification of the Constitution, because they felt that a central government would acquire too much power too quickly. They were led by Thomas Jefferson, and felt that a strong federal government would be too far removed from the people, and not provide adequate representation of the rights of the individual.

They espoused four main arguments:

1. They held the view that a central government would nullify the state governments, and inhibit the ability of each state to govern themselves. They felt that the laws would become confused and contradictory.

2. They were reluctant to place too much power in the hands of too few people who were too far away.

3. They argued that a central government would assume too much power too quickly, resulting in tyranny. Tyranny can be defined as too much power in the hands of too few people, and a revolution had just been fought to rectify that very situation!

4. They contended that the Constitution did not adequately address individual liberties.

Interestingly, the Bill of Rights was not originally a part of the Constitution, and yet it has proved to be highly important to protecting the rights of the people.

Is the freedom of religion guaranteed by the bill of rights?

There has never been an English "Bill of Rights" as such, that's a very Americanised way of looking at things! However, the European Convention of Human Rights (of which the UK signed up to in the late 1990's) Article 4 guarantees religious freedom.

Why do you think the Tenth Amendment is important?

im not sure.. but did your teacher from civics or geography give you this because im in 7th grade and my teacher gave me the same exact question in the smae exact wordss.. every single one... hmmm are you in ponce de leon middle..????

How did the bill of rights resolve the ratification of the constitution?

The original idea was that since most states have their own Bill of Rights, they would not need to include one in the Constitution. However, to help appeal to other states so the Founding Fathers could get everyone to approve of it, they decided to add them as amendments, or formal changes to the constitution. 12 were proposed, but only 10 were passed. They resolved the issue by including these 10 amendments as the Bill of Rights.

What bill of rights allows you to own a gun?

It's the 2nd amendment - so not even part of the original constitution. Something to remember when people claim it's a constitutional right.

Is the right to a trial by jury contained in the Fifth Amendment?

The sixth amendment: 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 where in 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