0
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
Which level of government exercises its power under the 10th amendment?
The Tenth Amendment addresses powers reserved to the states:
Amendment 10
"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."
It's a common misconception that the federal government can only exercise powers explicitly written in the Constitution. The Constitution includes several clauses that allow flexibility to use "implied powers" in order to accomplish legitimate federal tasks.
Article I, Section 8, Clause 3: (Interstate Commerce Clause)
"To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;"
The explicit power to regulate commerce has enabled Congress to write laws affecting business and workplace policies both intra- and interstate for the benefit of the "general welfare." While not all of these Acts have been upheld as constitutional, the Supreme Court has supported many that were only indirectly related to interstate commerce.
Article I, Section 8, Clause 18: (Necessary and Proper Clause)
"To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."
Exercise of the Necessary and Proper Clause sometimes results in laws regulating matters the states consider part of their domain.
Article VI, Section 2: (Supremacy Clause)
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
The Supremacy Clause subordinates state laws and constitutional issues to the US Constitution, federal laws and US treaties when there is a conflict in laws (except over areas where the federal government lacks jurisdiction, such as unincorporated clauses or Amendments like the Seventh Amendment)
Amendment 14, Sections 1 and 5:
Section 1: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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."
Section 5: "The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
The Fourteenth Amendment due process and equal protection clauses have been used to incorporate (apply) individual clauses of the Bill of Rights to the States, and allow Congress to make laws upholding the Bill of Rights and ensuring US residents receive due process and equal protection (often in response to unconstitutional state laws), regardless of whether the matter involves powers enumerated in the Articles of the Constitution.
How many individual rights does the first amendment protect?
The first amendment guarentees freedom of speech, religion, petition, assembly, and press
What is one right of freedom from 1st amendment?
freedom of press, freedom of religion and freedom to petition
Is the 6th amendment right to a speedy and fair trial?
The sixth amendment states:
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 defence.
So yes, it is ;)
What is the name of the ninth amendment?
== == The nineth Amendment assures people that there are rights that memebers of a free society are entitled to.
The official wording of the 9th amendment is "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people."
Did Benjamin Franklin believe that amendments could be made to the Bill of Rights?
Yes, Benjamin Franklin was in favor of the Bill of Rights. Benjamin Franklin was a delegate to the Constitutional Convention, and served as the 6th President of Pennsylvania.
How old was James Madison when he finished writing the bill of rights?
James Madison, born March 16, 1751, was 36 years old when he, Hamilton and Jay began writing the essays in 1787, and 37 years old when they completed their mission in June 1788.
What is the meaning of the 2nd Amendment?
Keep them with you, and use them if you have to. #2 Many of our so called elected officials are debating the answer to this question as we speak. Some of which believe and would have us believe that our founding fathers would do away with this amendment if they were able to foresee or witness the current state of firearms and our country. They put forth an argument that it was a different time back then. A time when a gun was utilitarian in nature and public safety was not guaranteed by civil service and police forces. They go on to say that guns as we know them today are much more deadly and terrible then they ever were back then. However, It is my belief that our country at least until recently has abridged our second amendment right unlawfully. When our forefathers wrote this amendment they did so knowing full well that guns were a powerful and terrible tool. Let us not forget that guns were evolving almost on a daily basis back then. Also, guns were relatively new to the world only being used as a primary weapon for a few short years. So if anything the founding father's would have been more awe struck and apprehensive then we are today. Our forefathers did not trust government they trusted people. That is a fact. I believe that not only was this amendment included as a measure of personal protection, but it was also a measure of protection of the union for which WE STAND. This amendment was included so that our citizens could never be oppressed or bullied by their government. So that forever our government would know that we as citizens must be answered to and not answered for.
Can you explain the sixth amendment?
It concerns the legal rights of a Citizen in the judicial process.
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 defence.
How did the American Revolution influence the second amendment?
Most rural citizens had firearms available but urban areas lacked weapons when the American Revolution began and it seemed essential to provide a Constitutional right to have and bear arms.
What does the term strong central government mean?
A strong federal government is one that is made up of individual states and that allows for these individual state's governments to maintain certain powers and aspects of soverignty, but also reserves many powers and aspects of soverignty for a stronger central national government.
Examples of strong federal government powers would include the ability to raise and support a national military or navy, the power to directly tax national citizens, the power to resolve interstate disputes, the power to overturn state court decisions if they violate or conflict with national interests, and the power to sign treaties with other nations.
The United States, under the Constitution, is an example of a strong federal government. Prior to the Constitution, under the Articles of Confederation, the government of the United States was unable to raise and support a strong army and was unable to raise taxes except through the individual states. Treaties had to be ratified by all states in the union and state disputes were difficult to resolve. When the Constituion was created in 1898, more power was given to the federal government in order to "establish justice, insure domestic Tranquility, provide for the common defence, and promote the general welfare." This strenghtened the central government and, essentially, took away powers that were previously alloted to individual states.
Henry Hong did this
The ninth amendment in the Bill of Rights states that Americans may have rights to what?
other than those explicitly listed in the Constitution or Bill of Rights.
This is a stupid answer , why cant you explain this in more detailed way? that will help a lot. thanks any way 4 trying 2 help, But it doesn't help. sorry. :C
What month was the bill of rights passed?
James Madison created the first ten amendments of the United States Constitution, or the Bill of Rights, in 1789. It was ratified on December 15, 1791.
What was the goal or purpose of the Bill of Rights?
To explain the rights of citizens of the US -apex
What rights are included in the first amendment?
The First Amendment in the United States constitution gives an individual the rights to:
*Freedom of speech
*Freedom of the press
*Freedom of assembly
*Freedom of religion
What freedom is NOT protected under the bill of rights?
Most natural rights that you can name are in the Bill of Rights. That Bill of Rights still exists today and continues to protect our rights, so it includes all the rights we have today.
In fact, the Ninth Amendment specifically states that the Constitution, including the amendments, is not intended to be an exhaustive list of the rights of the people. It acknowledges that the people have many natural rights which are not explicitly mentioned and they are not lesser rights simply because they are not enumerated.
What is the importance of the third amendment?
while soldiers are not quartered (housed ) in citizens' homes nowadays, this amendment reminds the government to respect the privacy of peoples' homes
(The British government housed soldiers in citizens' homes without permission.)
Why did the founders put the 1st amendment in the constitution?
This Amendment was created so that we would have the freedom to express ourselfs and not have to wrry about getting aressted. it just grants us to say what we got to say and just practice our own religion.
This amendment was created so that we can have the freedom to do many things. like practice our own religion, to assemble with people and to have the right to speak freely and not have to worry about being aressted. with out it we wouldn't have the right to do all that stuff.
Reason the states wanted the bill of rights?
It made more states want to vote and sign for the Constitution
Who wrote the eighth amendment?
The 8th amendment was passed as part of the Bill of Rights in December of 1791. The state of Virginia was the first state to pass the law that cruel and unusual punishment can not be used on a prisoner in 1776.
