The Bill of
Rights
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even states had bills of rights protecting
fundamental freedoms from government infringement. Among the rights that were
guaranteed were freedom of the press, of speech, and of religion, and the right
to a jury trial.
The Constitutional Convention did include
specific protections in the Constitution. Articles VI restricted government
interference with religion and speech. It also provided certain protections in
criminal law. It guaranteed that the writ of habeas corpus (a protection
against illegal imprisonment) "shall not be suspended" except in
times of rebellion or invasion. It also prohibited bills of attainder (imposing
punishment on a person’s descendents) and ex post facto laws (laws that punish
behavior that took place before their enactment. It also forbade any state to
pass laws "impairing the obligation of contracts."
George Mason, the main author of Virginia's
1776 Declaration of Rights, wished that the Constitution "had been
prefaced with a bill of rights."
But James Madison felt a bill of rights was unnecessary and superfluous.
He feared that by specifying certain rights for protection might suggest that
other rights might be tampered with. He also worried that such protections
would be insufficient "on those occasions when control is most
needed."
But pressure for a Bill of Rights was
intense. Thomas Jefferson wrote Madison: "...a bill of rights is what the
people are entitled to against every government on earth, general or
particular, and what no government should refuse or rest on inference.” During
the ratification debates, the Constitution's supporters agreed to adopt a Bill
of Rights.
State ratification conventions proposed more
than two hundred proposed amendments. From these, Madison distilled 19 possible
amendments. Congress accepted 12 of the Amendments and the states approved
10. One of the rejected amendments
dealt with the size of the House of Representatives. The other amendment
prevents Congress from increasing its salary. Salary changes cannot take effect
until after the next congressional election. This amendment was ratified in
1992.
During the 19th century, the impact of the
Bill of Rights was limited. In the 1833
case of Barron v. Baltimore, the Supreme
Court ruled that the Bill of Rights only protects individuals from the
national, and not the state, governments.
I. Freedom
of religion, speech, and the press, and the right of assembly and to petition
government
The
First amendment prohibits Congress from creating an established church. It has
been interpreted to forbid government support for religious doctrines. The amendment also prohibits Congress from
passing laws to restrict worship, speech, the press, or to prevent people from
assembling peacefully. In addition, Congress may not prevent people from
petitioning government.
The
Second Amendment has been interpreted
by some to give citizens the right to possess firearms. Others believe
it grants the states the right to maintain their own militias.
The
Third Amendment forbids the government from housing soldiers in homes in
peacetime without their owners’ consent.
The
Fourth Amendment requires legal authorities to obtain a search warrant before
conducting a search of a person’s possessions.
The
Fifth Amendment says that no one can be tried for a federal crime unless he or
she is indicted by a grand jury, a group of citizens who decided whether there
is sufficient evidence to put the person on trial. The amendment also states
that a person cannot be tried twice for the same offense (unless the jury fails
to reach a verdict). The amendment guarantees that individuals cannot be
required to testify against themselves and cannot be deprived of “life liberty
or property, without due process of law.” The amendment also forbids government
from taking a person’s property for public use without fair payment.
The
Sixth Amendment guarantees a person accused of a crime the right to a “speedy
and public trial, by an impartial jury” in the jurisdiction where the alleged
crime was committed. The Amendment also guarantees that accused persons will be
informed of the charges against them and that they have the right to
cross-examine witnesses and to have a lawyer to defend them.
The Seventh Amendment guarantees the right to
a jury trial in civil lawsuits.
The
Eighth Amendment prohibits excessive bail or fines and “cruel and unusual”
punishments.
The
Ninth Amendment ensures that rights unmentioned in the Bill of Rights are not
protected.
X. Powers retained by the
states and the people
The
Tenth Amendment ensures that the powers not delegated to the federal government
are retained by the states and the people.