U.S. Constitution 101: Bill of Rights

The first 10 amendments to the U.S. Constitution make up the Bill of Rights. These amendments form part of the essence of what makes United States citizenship the privilege that it is. Many people are familiar with freedom of speech and freedom of religion, but the Bill of Rights offers more.

Remember that the Bill of Rights applies only to state and federal government action. They don't limit what a company or any person in the private sector may do. Think Google and the so-called "Anti-Diversity" memo, free speech in the workplace debate.

Read on for a brief history of the Bill of Rights.

Evolution of Constitutional Protections

The Bill of Rights holds a special place in the constitutional system. This is due to its origin, purpose, and the protections it gives to individual liberties. Rep. James Madison (before he was president) wrote the Bill of Rights plus the next 7 amendments. The House of Representatives and the Senate enacted them shortly after the Constitution's ratification. Congress ratified the Bill of Rights to address concerns raised by Anti-Federalists. They feared that the original

The Bill of Rights focuses on constraining the federal government's powers. It also ensures the protection of fundamental liberties. It defines specific rights, such as freedom of speech, religion, and the right to bear arms. This reinforced the principles of limited government and personal freedom.

But, these amendments didn't protect equally. The rights enshrined in the Bill of Rights were not universally applied, particularly to women and minorities. In its original form, the Constitution did not explicitly address equality and civil rights issues.

The following amendments sought to fix these omissions and expand constitutional protections. The 14th Amendment, ratified in 1868, played a pivotal role by guaranteeing equal protection of the laws. This marked a step toward addressing the rights of African Americans, but it still left gaps, particularly on women's rights.

The struggle for gender equality gained momentum in the 20th century. The 19th Amendment granted women the right to vote. It was a crucial expansion of rights absent in the original Constitution. It became law in 1920. Further amendments and civil rights legislation continued to chip away at discriminatory practices. This culminated in the Civil Rights Act of 1964 and later legislation that aimed to end disparities on the basis of race and gender.

The Bill of Rights laid the foundation for protecting individual liberties. But later amendments were necessary to address inadequacies in the original document. They also extended constitutional rights to women and minorities. The constitutional system evolved to reflect better the principles of equality and justice for all citizens.

First Amendment: 5 Civil Rights

The First Amendment seeks to protect five core civil rights:

1. Freedom of religion
2. Freedom of speech
3. Freedom of the press
4. Freedom to petition
5. Freedom of assembly

Understanding the extent of the freedom guaranteed in the First Amendment is a complex effort. The courts continuously encounter it. The guarantee of freedom of religion bans establishing an official religion. It also forbids interference with a person's religious freedom. Freedom of speech is not an absolute right and can conflict with national security concerns. Freedom of the press is similar in that regard. Freedom of assembly and petition are closely related to freedom of speech and share the same concerns about public safety. Taken as a whole, the First Amendment encompasses some of the most cherished freedoms that we value as Americans.

Second Amendment: The Right to Keep and Bear Arms

This right under the Second Amendment is the subject of much debate. The Second Amendment discussion creates a lot of tension. It's because of the balancing act between the government performing its duty to maintain a safe society and the government not infringing on a person's right to protect themselves with firearms. The Supreme Court clarified that the Second Amendment applies to states. The underlying issue is that gun regulations vary drastically from one state to another, especially about open carry laws. Always research the law or consult an attorney before bringing a firearm into a public space.

Third Amendment: No Quartering of Soldiers without Consent

Under the Third Amendment, the government can't force you to house soldiers during peacetime or wartime unless it passes a law. So, don't worry about bringing out an extra sleeping bag for your unannounced military house guests. Simply put, the government can't force you to house soldiers in your home.

Fourth Amendment: Unreasonable Search and Seizure

The Fourth Amendment limits the police's power to search people and seize property. The police must conduct reasonable searches in their duties. This is to maintain a person's civil liberties. Examples include police taking photographs and fingerprints of those they arrest and swabbing for DNA upon arrests for serious crimes.

Fifth Amendment: Against Compelled Self-Incrimination

Often referred to as "taking the Fifth," a typical application of this right happens when a defendant does not testify during the trial. But, the right has more complexity inside and outside the courtroom. For example: The Supreme Court ruled that keeping quiet when the police ask questions is not claiming a right to silence. If you are voluntarily talking to the police, then you must claim the right of silence by asserting it. Otherwise, you risk waiving the privilege.

Sixth Amendment: The Right to Counsel

The Sixth Amendment guarantees you can get legal help if charged with a crime. Specifically, the courts have interpreted this to mean that you have the right to have a court-appointed attorney. The public pays if you cannot afford to hire an attorney. But, the right to counsel only applies once the state has begun formal proceedings. These include a formal charge, preliminary hearing, indictment, or arraignment. The right applies only to "critical stages" of the trial. These include arraignment, post-indictment line-ups, plea negotiations, trial, sentencing, and initial plea after conviction.

Seventh Amendment: Trial by Jury in Civil Cases

The Eighth Amendment protects you from "cruel and unusual punishment." Courts have interpreted the ambiguous term as any inhumane punishment or treatment that violates a person's dignity. For instance, the Supreme Court has ruled that in the case of minors, mandatory life sentences without parole are cruel and unusual. This is even when minors have committed murder.

Eighth Amendment: Cruel and Unusual Punishment

The Eighth Amendment protects you from "cruel and unusual punishment." Courts have interpreted the ambiguous term as any inhumane punishment or treatment that violates a person's dignity. For instance, the Supreme Court has ruled that in the case of minors, mandatory life sentences without parole are cruel and unusual, even when minors have committed murder.

Ninth Amendment: Rights of the People

The Ninth Amendment guarantees that you will not lose certain rights simply because they are not given to you or listed in the Constitution. Since it is impossible to create a complete list of rights granted to the people, the amendment captures all the rights that are not listed.

10th Amendment: Powers Reserved for the States

Under the 10th Amendment, any action that the Constitution does not say that Congress can do is reserved for the states and the people to do. This amendment reflects the framers' intent to establish a system in which the federal government has only those powers explicitly granted to it. All other powers remain with the states or the people. The 10th Amendment serves as a constitutional check on potential federal overreach. It emphasizes the importance of limiting the central government's authority to what is in the Constitution.

How Did the Bill of Rights Change Over Time?

The Bill of Rights has remained constant in its wording since ratification. But, its interpretation and application have evolved. This is through legal decisions, societal changes, and amendments that followed.

• Judicial interpretation. Landmark Supreme Court decisions have shaped and refined the meaning of the Bill of Rights. For example, interpretation of the First Amendment's freedom of speech has evolved to include protections for various forms of expression. These include symbolic speech and political protest.
• Incorporation doctrine. Initially, the Bill of Rights applied only to the federal government. The process of selective incorporation began in the 20th century. This ensured that most of the protections within the Bill of Rights also apply to state governments. This is in the 14th Amendment's Equal Protection Clause.
• Expansion of rights. While the Bill of Rights provided a foundation, later amendments expanded individual rights. The 13th Amendment, for instance, abolished slavery and involuntary servitude. The 26th Amendment focused on voting rights and lowered the voting age to 18.
• Civil Rights movement and desegregation. Civil Rights movement and desegregation. The mid-20th century saw a significant shift in the understanding and enforcement of the Bill of Rights. This is particularly true in the context of civil rights laws. The Civil Rights Act of 1964 bans discrimination based on race, color, religion, sex, or national origin. It aimed to end racial segregation and discrimination. This act prohibited discrimination in voting, public accommodations, public facilities, public education, etc. It also gave legal mechanisms to enforce the 14th Amendment's equal protection clause. The Thirteenth Amendment, Fourteenth Amendment, and Fifteenth Amendments, also known as the Reconstruction Amendments, constitute the largest expansion of civil rights.
• Privacy rights. Various court rulings recognized and expanded the notion of privacy, though the Bill of Rights doesn't mention it. The right to privacy gets used in reproductive rights and personal autonomy cases.
• Technology and the Fourth Amendment. Advancements in technology have raised new challenges for Fourth Amendment protections against unreasonable searches and seizures. Court decisions have grappled with electronic surveillance, GPS tracking, and digital privacy issues.
• Free exercise and establishment clauses. The First Amendment's clauses on religion have been subject to many cases defining the boundaries between the free exercise of religion and the prohibition of government establishment of religion. Decisions have shaped the balance between religious freedom and the separation of church and state. While the text of the Bill of Rights has remained unchanged, its application and interpretation have evolved. This has been through legal decisions, constitutional amendments, and societal shifts. The dynamic nature of constitutional law allows the adaptation of these principles to meet the changing needs and values of American society.

Preserve Your Rights by Speaking with a Lawyer

The Bill of Rights is a precious source of many protections we value as Americans. If you think someone has violated any of these protections, you should take action. Talk to a constitutional attorney today for more information on the Bill of Rights, due process of law, and more.

More Vital Information on Civil Rights

• Civil Rights: U.S. Supreme Court Decisions — FindLaw
• Civil Rights and Voting: History and Law — FindLaw
• Civil Rights Basics — FindLaw