Has the second amendment been changed since it was ratified?
The Second Amendment has not been changed since it was ratified. However, the force and effect given any words found within the US Constitution depend solely upon the interpretation given those words by the US Supreme Court. To view the First through Tenth Amendments, also known as the Bill of Rights, go to the link from the National Archives website which is listed below under Related Links.
The first ten amendments are the "Bill of Right".
What does the 4th amendment protect us against?
The Fourth Amendment guards against unreasonable searches and seizures.
Does China have a Bill of Rights?
China does have a Bill of Rights, however it is not effective in upholding human rights for people in China. So in practice it is different to that of the US Bill of Rights, where government knows that if it makes laws inconsistent with its Bill of Rights then the courts can rule it out. The Chinese bill of rights is not enforceable or has not been consistently enforced.
China does have a bill of rights and it is entrenched in their constitution, the bill of righs is section II of their constitution. In this manner it is very much like the US bill of rights in its structure though of course the substantive matter differs.
Explain fifth amendment in fifth grade words?
The right of the people to be secure in their persons, houses, papers, and personal belongings, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What were some arguments against ratifying constitution and the bill of rights?
One of the arguments for not having a Bill of Rights was the thought that it would be misconstrued to mearly be a list of your rights. There should be further information on this debate in the Federalist and Antifederalist Papers.
The most prominent was The Federalist Papers.
Is rights to bear arms part of the first amendment?
The second amendment, listed here:
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.
What are personal freedoms and how are they protected in the bill of rights?
Individual Rights and Freedom/ freedom of speech, religion,assembly,press writing,petition, and the right to keep weapons with you.
Which historical document had the most influence on the US constitution and bill of rights?
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Why was the Fourth Amendment written?
Because of the use of something called "writs of assistance". Writs of assistance were court orders that authorized customs officers to conduct general (non-specific) searches of premises for contraband. The exact nature of the materials being sought did not have to be detailed, nor did their locations.
The writs were first introduced in Massachusetts in 1751 to strictly enforce the Acts of Trade, the governing rules for commerce in the British Empire. Merchants in much of New England were skillful at evading the system and many had become masters of smuggling.
The powerful new court orders enabled officials to inspect not only shops and warehouses, but also private homes. It quickly became apparent to many colonists that their homes were no longer their castles.
The writs were one of a list of grievances that the Americans harbored against the Crown and contributed to the process of changing loyal colonists into advocates for independence.
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. It was ratified as a response to the abuse of the writ of assistance.
The Fourth Amendment reads as follows:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
What does the Bill of Rights say about slavery?
The Bill of Rights makes no mention of slavery nor does the Constitution.
Which Amendment to the US Constitution addresses the quartering of soldiers?
It's the 3nd amendment. The second is about the militia's right to bear arms. Amendment three is the one about quartering.
Tenth Amendment guarantees freedom of speech?
Freedom of speech is the first amendment. The tenth amendment says that those powers that are not specifically given to the federal government by the U.S Constitution are reserved for the states, or people. unless the constitution specifically prohibits it.
What does due process mean in the 5th amendment?
Due process is designed to give fair treatment to people who are accused and put through each step of the criminal justice system. Although the system is run by people who can make mistakes, due process is an effort to provide fairness with a step by step procedure that can correct a mistake at the next step or level.
Who of the following is an accurate description of the bill of rights?
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How does the Bill of Rights protect personal freedom?
the bill of rights has everything to say that it has to protect our rights
How does the bill of rights protect individual rights?
The Bill of Rights lists the basic rights of everyone. We don't have to guess what they are because we can read them.
In England people associate the of acceptance of their Bill of Rights with the reign of?
They associate the acceptance of their Bill of Rights with King John.
What are the amendment of the Bill of Rights?
Informal Amendment Process
The term "Informal Amendment Process" refers to changes in the interpretation or application of the Constitution by expanding constitutional rights (such as voting) to include groups that were previously excluded. These changes often occur as the result of judicial decisions, usually by the US Supreme Court or by Congressional legislation not struck down as unconstitutional. It is important to note that the "Informal Amendment Process" doesn't actually change the Constitution, just its interpretation, which is in a constant state of flux due to evolving (or devolving) sociopolitical conditions.
How is the first amendment used today?
The first amendment is used today by people speaking their own minds to whomever they choose. People are aloud to choose whatever religion they want to be. They also start their own assembly all because the first amendment says you are aloud to.
What are the elements of fourth amendment due process?
"The essential elements of due process of law are notice, an opportunity to be heard, and the right to defend in an orderly proceeding." Fiehe v. R.E. Householder Co., 125 So. 2, 7 (Fla. 1929).
"To dispense with notice before taking property is likened to obtaining judgment without the defendant having ever been summoned." Mayor of Baltimore vs. Scharf, 54 Md. 499, 519 (1880).
"An orderly proceeding wherein a person is served with notice, actual or constructive, and has an opportunity to be heard and to enforce and protect his rights before a court having power to hear and determine the case. Kazubowski v. Kazubowski, 45 Ill.2d 405, 259, N.E.2d 282, 290." Black's Law Dictionary, 6th Edition, page 500.
"Due Process of law implies and comprehends the administration of laws equally applicable to all under established rules which do not violate fundamental principles of private rights, and in a competent tribunal possessing jurisdiction of the cause and proceeding upon justice. It is founded upon the basic principle that every man shall have his day in court, and the benefit of the general law which proceeds only upon notice and which hears and considers before judgment is rendered." State v. Green, 232 S.W.2d 897, 903 (Mo. 1950).
"Phrase means that no person shall be deprived of life, liberty, property or of any right granted him by statute, unless matter involved first shall have been adjudicated against him upon trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing, Pettit v. Penn., La.App., 180 So.2d 66, 69." Black's Law Dictionary, 6th Edition, page 500.
"Due Process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law." Black's Law Dictionary, 6th Edition, page 500.
"Aside from all else, 'due process' means fundamental fairness and substantial justice. Vaughn v. State, 3 Tenn.Crim.App. 54, 456 S.W.2d 879, 883." Black's Law Dictionary, 6th Edition, page 500.