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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 does the 2nd amendment mean in plain language?
Sorry, I won't even attempt to to decipoher the meaning of the 2nd Amendment. Brilliant legal minds on both sides of the argument argue their points persuasively and have yet come to no conclusion.
That being said, it is my personal opinion that the 2nd Amendment DOES protect the rights of individual citizens to carry arms.
What is the explanation of bill of rights section 19?
excessive fines, penalty which is inhuman like garrote, and being imprison because of debt....... cannot be imposed in a criminal case.
Why is the constitution important today for everything?
The Constitution is the basis for all laws in the US.
Any laws, be they federal, state or local, that conflict with the Constitution will be struck down (found "unconstitutional").
It establishes the form of the national government and defines the rights and liberties of the American people. It also lists the aims of the national government and the methods of achieving them. Previously, the nation's leaders had established an alliance among the states under the Articles of Confederation. But the Congress created by the Articles lacked the authority to make the states work together to solve national problems. (http://usinfo.state.gov/products/pubs/constitution/)
The constitution institutes the powers of the government, as well as creating limitations on that same power. The system of three houses was designed to prevent any one section (the judicial, the legislative, or the executive) from gaining too much power. In addition, specific rights were granted to the people and the states, and prohibited from government interference.
The Constitution itself was developed in an environment where the Articles of Confederation were found to create too weak of a government, which was unable to provide for a common defense, and also unable to act out its duties, or levy taxes.
However, after a series of rebellions against such a weak government (a confederation of states) that was incapable of being dealt with effectively, it was decided something new was required.
After a good bit of debate (see the Federalist Papers) the constitution was laid out by representatives of the several states, and debated further for ratification. A good many states were dubious about the powers of such a government (the antifederalists) and a compromise was reached in order to limit the powers and abuses of such a government.
The government itself was denied police powers, as well as having strict limitations placed upon what powers could or could not be seized from the state governments. Further limitations were placed on the federal government in varieties of laws that could be instituted.
This did not go far enough, however, for the antifederalists, who wanted an enumeration of rights that could not be limited by the federal government. The antifederalists felt that without that enumeration, that the federal government would start to become tyrannical, by nature, over time.
Alexander Hamilton argued against this bill of rights (in Federalist 44) on the grounds that he did not feel that these rights need be enumerated, as it was implying that the people were giving up specific rights, in order to gain the protection of the constitution.
The antifederalists disagreed.
Thomas Jefferson, and James Madison felt that if they could not guarantee all rights, at least they could guarantee those that would not allow the growth of tyranny.
Hence the freedom of the press, freedom of assembly, freedom of religion, and freedom of speech.
To preserve these rights, the second amendment was put into place. In the words of James Madison:
"Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops"
This was followed in May 2, 1792 with the Militia act, which created the powers of the US government for a standing army, as well as instituting a system by which all persons of ages 17-45 were required to purchase, and maintain the best possible military firearm, and maintain powder and ball. This act was finally superceded by the Dick Act of 1903, defining the militia as an organized militia (the national guard) and the unorganized (the people themselves).
Each of the original 'bill of rights' amendments were designed not only to preserve and enumerate the rights, but to prohibit abridgement of those rights, and to address problems seen within the British parliamentary procedure, and problems associated with unrestricted power.
Bills of attainder (or bills of tainting) were acts that were used by the British government to declare a class of outlaws, or declare that due to the actions of a person, without trial, that they were tainted, their property and rights (and often life) were forfeit, and that their bloodline was often tainted for several generations, and unable to own land or hold office.
Ex-post-facto laws were prohibited due to the political habit of the Parliament of creating laws to attack people that they felt were criminals, by making an action that they had done sometime in the past criminal, then using the bills of attainder to destroy them.
The searches and siezures were further limited, via the power of habeus corpus, and the limitations against self-incrimination. In the Colonial periods, a British officer could easily seize anything that they wanted, as could their agents. Property, chattel, and money were fair game by writ.
And bills of attainder were used if they attempted to resist.
The importance of the constitution isn't so much the powers that it vests in the Federal government, it is in the limitations which it places upon the actions of that government. The ultimate importance is not solely as a contract between the Several States, and the government, forming a nation, as much as it is an agreement between the People and the government, because it was realized that the people formed the several states, and gave up the power to the government, and that all such power ultimately derived from, and was supported by the people, and recognition of their rights and privileges in a civil society.
Ultimately, it is the contract by which we give up specific freedoms, in order to retain other more important ones, and by which the government promised not to abridge specific freedoms, or make any law regarding their expression.
Under the Fourteenth amendment, the rights restricted from the Federal Government were also restricted from abridgement by the states.
And it is this document that our congressmen, our president, and our military are sworn to uphold and protect against all enemies, foreign and domestic, and to swear true allegiance to the same, above all other oaths.
What rigths are protected by the fifth amendment?
The Fifth Amendment provides that citizens not be subject to criminal prosecution and punishment without due process. Citizens may not be tried on the same set of facts twice, and are protected from self-incrimination (the right to remain silent). The amendment also establishes the power of eminent domain, ensuring that private property is not seized for public use without just compensation.
What did the Bill of rights say about slavery?
they made an agreement. there was acertian degrees to slave states and free states. the nourth is the free states and the south is the slave states.
What does the tenth amendment gives rights to?
The Tenth Amendment grants non-specific powers to the States and to the people.
Amendment X
"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."
What is the topic of the ninth amendment?
The 9th Amendment is simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated.
What protections are provided by the first amendment?
- Freedom to establish a religion or practice a religion. (This means that the government cannot establish one official religion.)
- Freedom of speech
- Freedom of press (i.e. publishing of news and opinions)
- Freedom to assemble (i.e. protest)
- Freedom to petition the government for redress of greivances
The First Amendment to the United States Constitution is the part of the United States Bill of Rights that expressly prohibits the United States Congress from making laws "respecting an establishment of religion" or that prohibit the free exercise of religion, infringe the freedom of speech, infringe the freedom of the press, limit the right to peaceably assemble, or limit the right to petition the government for a redress of grievances.
Here is the actual text of the First Amendment:
"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."
How is the bill of rights limited?
The Bill of Rights is limited at the point where a single person's rights begin to infringe on another person's rights. At this point, the infringing person is not protected by the Bill of Rights.
What do Declaration of Independence The Constitution and The Bill of Rights have in common?
To learn what the Declaration of Independence, the Constitution, and the Bill of Rights say it is best t0 read those documents. As a short summary, the Declaration of Independence explains what nasty things the King of the UK and his government was doing to the American colonies and their citizens (in their view) and says that because of that they have a right to break their ties with the United Kingdom. The Constitution describes the organization of the United States federal government and says what the different powers are of each branch of government. The Bill of Rights is part of the Constitution, being the first ten (10) amendments to that document. Taken as a whole, the Bill of Rights explicitly limits the powers of the government is a number of areas. The text of these documents can be seen at many places on the internet. Among them, the Constitution can be seen at http://www.archives.gov/exhibits/charters/constitution_transcript.htmland the Declaration at http://www.archives.gov/exhibits/charters/declaration_transcript.html
Are there twentey-seven amendments in the bill of rights?
no there is only the first ten amendments in the bill of rights. the original bill of rights holds 10 amendments but im not sure if every amendment after that was added to it or just put there randomly
What event led to the seventh amendment?
the first ten amendments are known as the "bill of rights" and they are clauses that were removed from the first draft of the constitution and put into a list of rights in order to satisfy the people who thought the constitution gave the gov't too much power.
What are the Federalist Papers and why are they important to the issue of the second Amendment?
The Federalist Papers are a series of 85 essays published in late 1777 and early 1778 by John Jay, James Madison and Alexander Hamilton, all using the pseudonym Publius, explaining, expounding and seeking to persuade New York to ratify, the Constitution. To my knowledge they have nothing whatsoever to do with the 2nd amendment because that was written by the first congress, after ratification, in 1789.
Additional Information:
The 2nd amendment has a infamous words "A well regulated Militia" which many of the left wing gun control activist interpret to mean the military or national guard, the federalist papers explain what the found fathers, authors of the 2nd amendment, considered a "Militia" that being "all able bodied men" not a government power or agency. The Concerns layout out in the Federalist papers show that the 2nd amendment was including as the last line of defense against a over powered central government, ensuring the freedom of the people was never taken away.
So the federalist papers do play a fairly big role in understanding the 2nd amendment
Is the bill of rights part of the us constitution?
The Bill Of Rights is part of the Constitution of the United States Of America
More specifically, it is the first ten Amendments to the United States Constitution. The 10 Amendments in the Bill of Rights were written together to protect the rights that the founding fathers wanted all US citizens to have.
What is the first amendment in simple terms?
the first amendment to the us constitution said 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.
How do people tody use the 6th amendment?
The Sixth Amendment of the Constitution provides a defendant with the opportunity to confront and cross examine his accusers. In today's courts, there is a question of whether a witness' out of court statements that have been sworn to, violate the Sixth Amendment and turns the evidence into 'hearsay.'
What is the explanation of article 3 bill of rights section 10?
artic;e 3 section 10 focus on the "sanctity" of contracts and obligation
When was the Bill of Rights introduced and ratified?
The first 10 amendments (known as the Bill of Rights) were introduced in 1789 and were approved in 1791.
Where did the Bill of Rights take place?
A Bill of Rights is a document drawn up by a society declaring what rights and duties are expected of the populace. In is usually included in the law of the land and can be found on the statute books.
How did the constitution and the bill of rights express democratic principles and beliefs?
The First Amendment in the Bill of Rights states that every United States citizen has the rights to freedom of speech, freedom of the press, and freedom of assembly. With these freedoms we have the ability to share our opinions and vote on how our government should be run. Democracy is a form of government in which the people of a country either rule directly or through elected representatives, the Bill of rights gives us the ability to state why we do or do not like how our government is run and it also allows us to express what needs fixed.
What does the tenth amendment mean in simple terms?
The United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. The United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
