I am continually reminded day to day, how lucky I am to live in a country where I am guaranteed certain freedoms that many others around the world are denied. The document that is most responsible for this is the Bill of Rights. The first ten amendments to the Constitution of the United States, were written by our forefathers to make sure that no future generation would be denied their individual rights by anyone including the Government of The United States, they were adopted as part of the U.S. Constitution on December 15, 1791. It is also astounding to me that so few people, understand which rights they are given by this document.
What is an amendment?
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.
Amendment I–
Freedom of Speech, Press, Religion and Petition-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.
*Religion
*The government can’t help or hurt any religion. They can’t make any person believe or practice any religion, nor can they stop any person from believing or practicing any religion. The government can’t make someone Jewish, Hindu, or Muslim nor can they stop someone from being one. They can stop a person from a religious practice if it hurts somebody else. You can’t kill someone even if it is part of a religion.
*This is true for city governments as well. At Christmas time cities sometimes get into trouble for putting up decorations that specifically denote the Christian religion while ignoring others. Schools can’t promote any religion because they are operated by the government.
*Freedom of Speech
*Freedom of Speech does NOT mean that a person can say whatever they want to say. It means that someone’s right to say something is protected within certain limits. A person may have to suffer consequences for saying some things, but they still have the right to say them. For example, it is against the law to yell, “Fire!”, in a crowded place because it may lead to panic and injuries of others. A person has the right to say it, but they also are responsible for the consequences of their actions.
*A person may not say things verbally or in print that they know aren’t true. This is called slander and there are consequences for doing this.
*Freedom of Speech includes non-speech also. What someone wears and how they behave is considered, “Freedom of Expression”, and is a protected right. The Supreme Court has even said that burning the American Flag is a protected speech because it expresses an opinion.
*The authors of the Bill of Rights did not want the government to be able to practice censorship over its citizens, so we have the right to say what we think. An individual can even say disparaging things about the government and nothing will happen to you. There are limits on what kinds of things a person can say in public. that is why the government can limit television programming.
*There are often conflicts over things that are said or printed in books, magazines and newspapers, but just because someone doesn’t like what is being said doesn’t mean that an individual doesn’t have the right to say it.
*The right of the people peaceably to assemble, and to petition the government for a redress of grievances.
*The right to peaceably assemble means that someone can gather together with others without fear that the government will treat this act as illegal or treat them like a mob. People can gather with whomever they want as long as they are peaceful and not breaking the law. This applies to all groups, even if people generally don’t like or agree with these groups. Motorcycle gangs, militia groups, vampire clubs and the Klu Klux Klan can all meet freely as long as they are peaceful. Protest marchers and government dissenters also have th right to meet with whomever they want.
- Citizens also have a right to complain to the government about things they don’t like. The government even provides a way to change those things, by way of a petition. If there is a law or policy that the citizens don’t like they can gather signatures on petitions. These petitions are then used to place initiatives on a ballot and the people can vote about whether to change the law they disagree with.
Amendment II–
Right to keep and bear arms-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.
*During the formation of our country, there was a strong mistrust of the government of Great Britain. The colonists knew that the only way to protect themselves from the same type of tyranny in the future was for citizens to be able to form a militia to protect their freedom. When The Bill of Rights was written, this protection was included. According to current interpretation of the Second Amendment, the government does not have the right to prevent it’s citizens from owning guns. However, this amendment is argued about often. Some people believe that the government is the enemy an citizens must continue to protect themselves. Some believe that the level of violence is so high in the United States because the number of guns available is too high and too many people have guns. There is a popular saying, ” if you outlaw guns, only the outlaws will have guns.” Another popular saying is ” Guns don’t kill people, people do.”
*The government can and does regulate the ownership of guns. There are laws about gun ownership, registration, permits, transportation of guns and the sale of guns. Gun proponents believe that attempts by th government to regulate guns are the same as attempts to keep guns out of the hands of it’s citizens.
Amendment III–
Conditions for quartering of soldiers in homes. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
*During the Colonial Period, colonists could be forced to let British soldiers sleep in their homes and eat their meals. The authors of The Bill of Rights wanted to make sure this could never happen again so the Third Amendment was added.
Amendment IV–
Right of search and seizure regulated-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.
*The police can’t search someone’s person (body), house, papers, or effects without having a good reason. They can’t take anything from someone without a good reason. Of course the question is often argued, “What is a good reason?”
*Unreasonable searches and seizures are those that are without cause, or more specifically without probable cause. Probable cause means that the police have a good reason to believe that some law has been broken. The Police can not do anything until they convince a judge that they have probable cause and then they can get a warrant which gives them permission to search.
*After the police convince a judge that a crime has been committed, a warrant is issued. The search warrant must say what is to be search, when it is to be searched, what they expect to find and the warrant must be signed by a judge. Many cases are dismissed in court because someone is arrested for having something that is listed on a search warrant. This amendment is the reason the police always ask permission to come into your home or the search your car.
*The police can arrest someone without a warrant when there are special circumstances. If they are chasing someone from the scene of a crime or if they catch someone in the act of a crime, they may not have time to get a warrant before hand. After the arrest, they must then convince the judge that they had “probable cause” to arrest them.
Amendment V-
Provisons concerning prosecution–No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time 
of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
*No person can be put on trial for a serious crime, unless a group of people called a grand jury first decide that there is enough evidence to make a trial necessary. When there is enough evidence an indictment is issued, which means that the person charged with the crime will face trial for that crime.
*There is an exception for an individual in the military. They can be put on trial without an indictment from a grand jury. If they commit a crime during war or a national emergency.
*Double Jeopardy- If a person is put on trial for a crime and the trial ends, they may not be tried again for the same crime. If they are convicted and serve their time or they are acquitted, they may not be put on trial again.
*The government can’t make someone testify against themselves. A trial generally relies on witness testimony and physical evidence to find justice.
*Due Process-The government can not take away an individual’s life, freedom or property without following a series of steps that give them a fair chance to defend themselves. This procedure makes sure that everyone gets treated the same. No matter who someone is tey should be treated fairly by the police, courts and government.
*The government can’t take away someone’s property without paying them for it in some way. If the state wants to build a road through someone’s property, they can’t just do it they have to compensate the person for it.
Amendment VI-
Right to a speedy trial, witnesses, etc.- In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be 
confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
*An accused person has the right to a quick trial. This doesn’t mean that the process of a trial must be over a quickly as possible. It protects a person from being held in jail for an unreasonable amount of time while they wait for a trial. This would be unfair to anyone who is innocent.
*An accused person also has th right to a public trial. The state can’t put them on trial behind closed doors. The trial must be available to the public so that it is certain the rights of the individual were not violated.
*The Trial must be held by an impartial jury. The member of that jury can not be prejudiced against the accused or the crime that they’ve been accused of, or it would be unfair. The trial must also be held in the area where the crime was committed.
*The only exception to this is that in some cases a change of venue would be appropriate if the accused might not get a fair trial in the region the crime was committed due to publicity.
*The accused has the right to know what they are being charged with and why they’re being held in jail. They also have the right to know who is saying that they’ve committed the crime, and the right to ask them questions.
*The accused has the right to force anyone to come to their trial that they believe can help their case. The court can force someone to come to court by issuing a summons or subpoena and the person has no choice but to come to the trial.
*The accused also has the right to an attorney. If they can’t afford an attorney, one will be appointed to them by the court. Whenever someone is arrested they must be read their Miranda Rights which include the right to be silent and the right to an attorney.
Amendment VII-
Right to a trial by jury-In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
*When the Bill of Rights was written twenty dollars was a lot of money. Today, any dispute involving less that $15oo will be handled in small claims court without a jury. Otherwise you are given the right of a trial by a jury.
*United States law forbids anyone from setting up their own court system. If a person goes to court they will always go to a recognized court of the government, either national, state or county. This prohibits a person or a small group of people from taking the law into their own hands, and robbing individuals of their rights.
Amendment VIII–
Excessive bail, cruel punishment-Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
*The courts can not assign an accused an excessive amount of Bail. If they could, then a judge might be able to decide a bail amount excessively high because he has a personal dislike or bias toward that individual.
*Bail is a sum of mone or property given to the court as a promise that the accused will return for trial. If the accused fails to appear for their trial, they lose the bail.
*Bail is assigned regarding the type of crime committed and the likelihood that the accused will return for the trial.
*Bail allows time for the accused to prepare for theri defense, which might be somewhat harder to do if one were in jail.
*Cruel and unusual punishment- You can not punish someone cruelly nor unusually because of this amendment. Defining what is exactly cruel or unusual can be somewhat difficult to define. It could be argued that all punishments are cruel, that is why they are called punishments and not rewards. The circumstances of the times determine largely what is considered cruel and/or unusual. For example, punishments that might have been condoned in the past are today considered cruel and unusual. Today the issue usually surrounds capital punishment or the death penalty. States that practice capital punishment use either the gas chamber, lethal injection, the electric chair, a firing squad or hanging. Some of these may be considered cruel or unusual. As for the unusual part
the Eighth Amendment prevents teh government from punishing a criminal in an unusual way. You can’t cut off someone’s hand for stealing, or publicly humiliate them as a form of punishment.
*The Supreme Court ruled in 1976 that the death penalty is legal. Since that time there have been 628 citizens punished in this fashion.
Amendment IX-
Rule of construction of Constitution-The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
*This amendment was written to protect the rights of people, even though those rights were not specifically mentioned in the Bill of Rights. No one is really sure what these rights are but it is believed they may have included the rights of life, liberty, the pursuit of happiness, etc. The Ninth Amendment has not been used to justify protection for any citizen of the United States that I am aware of.
Amendment X-
Rights of the States under Constitution-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.
*Anything not mentioned in The Constitution specifically will be handled by the state government. For example, each individual state issues it’s own laws regarding marriage, driver’s licenses, state taxes, voting, job and school requirements. Since these areas are not mentioned in the Constitution they are determined by the states.
Why is the Bill of Rights so Important
US vs USA
