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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
The us bill of rights us based on enlightenment ideas of natural rights including what?
NoveNet answer: Liberty and equality
Your freedom of expression, religion, right to petition the government
According to the fourth amendment what do law enforcement officers need to conduct a legal search?
get a warrant before they enter a home
Why does Barack Obama want to ban all guns and ammo and take away Americans 1st amendment rights?
This is a very popular internet myth. But in the first four years of his presidency, Mr. Obama did not ban guns nor did he ever say he wanted to ban guns. There is strong evidence he would like to reinstate the ban on assault weapons that was passed in 1994 and allowed to expire in 2004. There is also evidence he would like to see improved background checks, and restrictions on high-capacity magazines. But there is no evidence he wants to "ban guns."
According to the sixth amendment does the trial have to take place where it occured?
It should be held where the crime was committed.
What does thr seventh amendment mean?
The 7th admendment is the trail by jury in civil case 1 freedoms 2right to bear arms 3lodging of troops 4search and seizure 5rights of the accused 6right to speedy trail by jury 7)trail by jury in civil case and so on.... Right to jury in civil case means that you have the right to go to court if there is a civil case
What is the main idea of the 3 amendment?
to protect american's right to privacy. this is to prevent soldiers from plundering and stealing citizen's posession without compensation
Why is the US government prohibited from infringing the right to keep and bear arms?
Because that right is enshrined in the US constitution.
The Second Amendment (Amendment II) to the United States Constitution protects the right of the people to keep and bear arms.
Therefore changing this significantly may require a change to the US constitution.
When the states ratified the constitution why did they insist that the bill of rights be added?
because the original Constitution didnt specifically protect freedoms of speech, religon, ect. they were promised the bill of rights to be added soon after if they signed on.
How were the grievances addressed in the bill of rights?
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.
Who is the chief officer of the house of representatives and of the senate?
The Speaker of the House.
The current US Speaker is Nancy Pelosi.
This person is the 3rd most powerful person in the Federal Government after the President and Vice President. If both the President and VP are incapable of preforming (or dead) this person takes over.
He or she is elected by the House of Representatives.
Their Duties are:
*Presiding over House meetings (or delegates people to do this)
*Setting the agenda/calendar for the Majority party in the House
*Serves on the chair of the majority committee
*Helps bills to pass which the majority party of House supports
What issues usually involve US Supreme Court decisions based on 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.
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)
Which phrase best summarizes the purpose behind the Bill of Rights?
the Bill of Rights wasn't originally mentioned in Philadelphia. The Anti-Federalists later proposed it. They attacked the Constitution because it was vague and did not provide any kind of protection against tyranny. The Anti-Federalists wanted, rather demanded, that the Constitution lay out the rights of the people and LIMIT the power government. After the ratification, very few of the delegates thought that what they had just signed was the IDEAL form of government.
Soooo... what I'm saying is that they were trying to limit the power of government and protect the people from tyranny, and provide the people with their rights. They were also trying to form the ideal form of government.
What following amendments in the Bill of Rights do both Justice Fortas and Justice Black refer to?
The First Amendment
Does the 8th Amendment require bail to be set regardless of the crime?
No. In many states there is no bail for murder for example. When bail is set the 8th amendment prohibits the bail from being excessive.
What did the Petiton of Right do?
There were four main points. No taxes could be levied without the consent of Parliament. No English subject could be imprisoned without cause. No quartering of soldiers in citizens homes. No martial law may be used in peace time.
What are some US Supreme Court cases involving the Ninth Amendment?
There aren't many.
The Tenth Amendment has been invoked only on rare occasions. The Supreme Court held in United States v. Sprague,(1931) that:
"The Tenth Amendment added nothing to the Constitution as originally ratified, and lends no support to the contention that the people did not delegate this power to Congress in matters affecting their own personal liberty."
The Tenth Amendment was used to challenge New Deal legislation in United States v. Darby Lumber Co., (1941), when Darby Lumber sought to have the federal Fair Labor Standards Act of 1938 declared unconstitutional on the grounds that the federal government wasn't authorized to regulate companies that operated entirely within a State's borders (i.e., intrastate). The Supreme Court unanimously held the (Interstate) Commerce Clause allowed Congress to regulate all labor to prevent unfair trade practices between the states. This decision overturned earlier precedents that permitted the states more leeway to regulate commerce and labor.
Since that time, the Supreme Court has only upheld two Tenth Amendment challenges against the federal government, in New York v. United States, (1992), involving an unfunded mandate; and again in Printz v. United States, (1997), overturning the Brady Handgun Violence Prevention Act on the grounds that it unconstitutionally required state officials to enforce a federal program. The Second Amendment had not yet been incorporated to the states in 1997.
The Tenth Amendment has previously been held non-justiciable, but that hasn't stopped litigants from citing the vague wording to support arguments favoring State sovereignty over federal authority. Tenth Amendment proponents believe the Constitution only grants the national government authority that is explicitly enumerated in the Constitution, and believe "implied powers" are unconstitutional.
In the 2010 Term, the Supreme Court heard arguments in the case United States v. Bond, 09-1227, in which the respondent argued the Federal government had exceeded its authority by charging her in federal court with a crime under 18 U.S.C. § 229(a), a law "enacted by Congress to implement the United States' treaty obligations under an international arms-control agreement that prohibits nation-states from producing, stockpiling, or using chemical weapons..." after she attempted to poison her husband's pregnant lover. Bond believed the case should have been tried in the State courts and challenged the United States' authority to remove her case to federal court. The Supreme Court is expected to make a decision before the end of June 2011.
The health care legislation often referred to as "Obamacare" (Patient Protection and Affordable Care Act of 2010) is also expected to face a Tenth Amendment challenge.
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."
How does the bill of right protect the right of the accused?
The Bill of Rights protects people accused of a crime because the Bill of Rights states that a suspect is innocent until proven guilty and forbids any unusual or cruel punishment.
It is important because no one should ever be found guilty without enough evidence, or given life in jail for a parking ticket.
Bill of rights is part of what document?
The Bill of Rights was added to the United States Constitution.
What does the Establishment Clause of the First Amendment prevent the government from doing?
Favoring one religion over another or supporting religion over no religion
Explain what the ninth and tenth amendment protect?
The Ninth Amendment talks about individuals' non-enumerated rights:
Amendment IX
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Tenth Amendment talks about (government) powers:
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 Historical background of the first amendment?
The First Amendment gives us various rights. We have the right to speech, religion, press, assembly and petition the government. All these rights were granted because the British parliament limited these rights when the U. S was a colony.
