The significance of bill of rights?
The Bill of Rights is important because it guarantees American citizens certain rights. However, it is often ignored by the government now, as many of our rights are being violated.
Name 3 rights or freedoms guaranteed by the bill of rights?
All you really have to do is look at the bill of rights to answer this question, but I wrote that;
1) We can say what we want.
2) We can believe what we want.
3) We can protect ourselves with guns.
When was the fourth amendment made?
In the US constitution the first ten amendments were passed all at once as the Bill of Rights.
All 27 Amendments have been ratified after two-thirds of the House and Senate approve of the proposal and send it to the states for a vote. Then, three-fourths of the states must affirm the proposed Amendment.
What is an example of the third amendment being violated?
The wording of the 2nd Amendment: 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. Gun control laws may be contrary to the last word- they infringe on the right to keep and bear arms.
Another question, what about the ones that just say things like waiting periods and background checks? If you're not a criminal, you still get the gun.
What provisions of the first amendment protect the rights of strikers?
The First Amendment states that make no laws which would abridge the right of free speech, freedom of speech or the right to assemble peaceably and to petition the government for redress. However, the courts have ruled that striking workers are not eligible for food stamps which to some appears to be a punitive move against labor unions.
What is the Bill of Rights most famous for?
The Bill of Rights is most famous for guaranteeing personal freedoms such as freedom of religion, freedom of speech, a free press, free assembly, the right to keep and bear arms, freedom from unreasonable search and seizure, security in personal effects, and freedom from warrants issued without probable cause; indictment by a grand jury for any capital or "infamous crime"; guarantee of a speedy, public trial with an impartial jury; and prohibition of double jeopardy.
The Bill of Rights also limits the government's power in judicial and other proceedings, and reserves some powers to the states.
Which part of the Constitution includes the Bill of Rights?
Incorporation of the Bill of Rights is the process in the Unites States by which courts have applied parts of the Bill of Rights to the states. It applied only to the Federal Government before 1925.
Here is the list of constitutional provisions that havebeen incorporated and applied to the states, the cases that incorporated them, and the years in which they were incorporated by the Court:
First Amendment
Freedom of Speech & Press: Gitlow v. New York(1925)
Freedom of Assembly: DeJonge v. Oregon (1937)
Freedom of Petition: Hague v. CIO (1939)
Free Exercise of Religion: Cantwell v. Connecticut(1940)
Establishment of Religion: Everson v. Board of Education(1947)
Second Amendment
Right to Keep & Bear Arms: McDonald v. Chicago(2010)
Fourth Amendment
Unreasonable Search & Seizure: Wolf v. Colorado(1949)
Exclusionary Rule: Mapp v. Ohio (1961)
Fifth Amendment
Payment of Compensation for Chicago, Burlington and Quincy
the Taking of Private Property: Railroad Company v. Chicago (1897)
Right Against Self-Incrimination: Malloy v. Hogan(1964)
Right Against Double Jeopardy: Benton v. Maryland(1969)
When Double Jeopardy Attaches: Crist v. Bretz (1978)
Sixth Amendment
Right to Public Trial: In re Oliver (1948)
Right to Due Notice: Cole v. Arkansas (1948)
Right to Counsel (felonies): Gideon v. Wainwright(1963)
Confrontation &
Cross-Examination of Adverse
Witnesses: Pointer v. Texas (1965)
Right to Speedy Trial: Klopfer v. North Carolina(1967)
Compulsory Process to
Obtain Witnesses: Washington v. Texas (1967)
Right to Jury Trial
(In Criminal Cases): Duncan v. Louisiana (1968)
Right to Counsel
(Misdemeanor When
Jail is Possible): Argersinger v. Hamlin (1972)
Eight Amendment
Cruel & Unusual Punishment: Louisiana ex rel. Francis v. Resweber (1947)
Ninth Amendment
*Right to Privacy: Griswold v. Connecticut (1965)
*The word privacy does not appear in the Ninth Amendment (nor anywhere in the text of the Constitution). In Griswold, several members of the Court viewed the Ninth Amendment as guaranteeing (and incorporating) that right. Justice Douglas, writing the opinion of the Court in Griswold, and agreed to by seven other justices, stated that the right to privacy exists outside the enumerations of the Constitution and Bill of Rights. Justice Douglas also created the penumbra theory of the right to privacy. The right to privacy was "created by several fundamental constitutional guarantees" which came together to show that privacy was, perhaps, inherent. (see Douglas, J., Opinion of the Court, Griswold v. Connecticut, 381 U.S. 479 (1965).
When was the first ten amendments made in the bill of rights?
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. The amendments were introduced by James Madison to the 1st United States Congress as a series of legislative articles. They came into effect as Constitutional Amendments on December 15, 1791, through the process of ratification by three-fourths of the States.
Who were strong advocates of the Bill of Rights?
Thomas Jefferson, James Madison, and George Mason, were strong proponents of the Bill of Rights. The Antifederalists were supportive of the Bills of Rights.
What right is grandted by the sixth amendment?
The right for the accused to
What amendment gives voters rather than state legislators the right to elect senators?
It is stipulated in the body of the Constitution, Article I, Sec. 3, clause 1; it is not an Amendment. Originally, it was the State Legislatures that chose Senators, now it is the people of the State, by direct vote.
Why was the fifth amendment created?
The 5th Amendment to the U.S. Constitution ''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 offence 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.'' It was created to protect the rights of individuals against tyrannical government, just as are all of the first ten amendments to the U.S. Constitution (The Bill of Rights).
What are some of the US Supreme Court's cases about the First Amendment?
The First Amendment is part of the Bill of Rights, the first ten amendments to the Constitution that help protect the rights of citizens and the states. There have been many Supreme Court cases interpreting the degree of freedom and protection afforded to people balanced against the interests of the government.
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."
Schenck v. United States, (1919), was the first real challenge to laws impinging on First Amendment guarantees. Charles Schenck, a member of the Communist party, was prosecuted for violating the Espionage Act of 1917. Schenck mailed pamphlets to young men urging them to resist WW I recruitment efforts, which the Court held interfered with the United States' ability to build its military. Justice Oliver Wendell Holmes, Jr., who wrote the opinion in Schenck, instituted the "clear and present danger" doctrine that created the first legitimized exception to this constitutional freedom.
Case Citation:
Schenck v. United States, 249 U.S. 47 (1919)
Examples of Other First Amendment cases
Establishment clause: (cannot teach religion in public schools): Everson v. Board of Education, 330 US 1 (1947)
Free exercise of religion: Cantwell v. Connecticut, 310 US 296 (1940)
Freedom of speech: Gitlow v. New York, 268 US 652 (1925)
Freedom of the press: Near v. Minnesota, 283 US 697 (1931)
Freedom of assembly: DeJonge v. Oregon, 299 US 353 (1937)
Expressive association (implied right): NAACP v. Alabama, 357 US 449 (1958)
Tennessee v. Garner
What is the provision of the fourth amendment in the Bill of Rights?
The Fourth Amendment means that no one can search you, your home, or your personal property without a warrant, unless their reason is justified. (reasonable)
There are exceptions to the "personal" extent of the amendment, such as suspicious activity, commission of a crime, or making threats against others. Your home may be entered without a warrant only if circumstances lead the police to believe that someone is in imminent danger, or is becoming the victim of a violent crime.
How has the supreme court interpreted the sixth amendment guarantee of a speedy trial?
Courts are supposed to first consider how long of a delay there has been, and if the delay is long enough to make it a possible constitutional violation, THEN the next step is for the Court to consider the reasons for the delay and whose fault it was. If there was a long delay but it was due to the Defendant not being ready while the government was ready to prosecute, this Defendant probably has not had his rights violated. But if the defendant was ready and especially if the Defendant asked for a speedy trial and announced "ready" at prior court appearances, then any delay is going to be viewed as the State's problem.
Finally, the Court needs to look at whether there was any "prejudice" to the Defendant. Prejudice means that it's harder for him to defend himself from the charges against him now than it would have been if he had his trial months or years ago. Sometimes prejudice can be presumed if the delay is really long and not excused for good cause, but generally the Defendant will want to show that certain evidence or testimony that he expected to use for his side is no longer available now, but it was available earlier.
What is the historical context of the second amendment?
The Second Amendment is an amendment that was added to the United States Constitution on December 15, 1791. The background of this amendment was to allow the population to bear and keep arms.
How many amendment to constitution part of the bill of rights?
First 10 amendments are the Bill of Rights.
What would happen to the US if the first amendment to the bill of rights was taken away?
We could not express inner thoughts about life in general and would be suppressed by our government.
What are the first ten amendments to the constitution called and when were the amendments ratified?
They're called the Bill of Rights, and they're based on a desire by the people to make sure the government didn't grow too powerful or oppress the people.
Name one of the rights from the 1st amendment?
freedom of religion, speech, press, assembly, and petition freedom of religion, speech, press, assembly, and petition