The concepts
codified in these amendments are built upon those found in several earlier documents, including the
Virginia Declaration of Rights and the English
Bill of Rights 1689, along with earlier documents such as
Magna Carta (1215).
...
First Amendment Main article:
First Amendment to the United States Constitution
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.
[78]The First Amendment prohibits the making of any law
respecting an establishment of religion, impeding the
free exercise of religion, abridging the
freedom of speech, infringing on the
freedom of the press, interfering with the
right to peaceably assemble or prohibiting the
petitioning for a governmental redress of grievances. Initially, the First Amendment applied only to laws enacted by Congress, and many of its provisions were interpreted more narrowly than they are today.
[79]
In
Everson v. Board of Education (1947), the Court drew on Thomas Jefferson's correspondence to call for "a wall of separation between church and State", though the precise boundary of this separation remains in dispute.
[79] Speech rights were expanded significantly in a series of 20th- and 21st-century court decisions that protected various forms of political speech, anonymous speech, campaign financing, pornography, and school speech; these rulings also defined a series of
exceptions to First Amendment protections. The Supreme Court overturned
English common law precedent to increase the burden of proof for
defamation and
libel suits, most notably in
New York Times Co. v. Sullivan (1964).
[80] Commercial speech is less protected by the First Amendment than political speech, and is therefore subject to greater regulation.
[79]
The Free Press Clause protects publication of information and opinions, and applies to a wide variety of media. In
Near v. Minnesota (1931)
[81] and
New York Times v. United States (1971),
[82] the Supreme Court ruled that the First Amendment protected against
prior restraint—pre-publication censorship—in almost all cases. The Petition Clause protects the right to petition all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause, the Court has also ruled that the amendment implicitly protects
freedom of association.
[79]
Second Amendment Main article:
Second Amendment to the United States Constitution
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.
[78]The Second Amendment protects the
right to keep and bear arms. The concept of such a right existed within English
common law long before the enactment of the Bill of Rights.
[83] First codified in the English
Bill of Rights of 1689 (but there only applying to
Protestants), this right was enshrined in fundamental laws of several American states during the Revolutionary era, including the 1776
Virginia Declaration of Rights and the
Pennsylvania Constitution of 1776. Long a
controversial issue in American political, legal and social discourse, the Second Amendment has been at the heart of several Supreme Court decisions.
- In United States v. Cruikshank (1875), the Court ruled that "[t]he right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government."[84]
- In United States v. Miller (1939), the Court ruled that the amendment "[protects arms that had a] reasonable relationship to the preservation or efficiency of a well regulated militia".[85]
- In District of Columbia v. Heller (2008), the Court ruled that the Second Amendment "codified a pre-existing right" and that it "protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home" but also stated that "the right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose".[86]
- In McDonald v. Chicago (2010),[87] the Court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government.[88]
Third Amendment Main article:
Third Amendment to the United States Constitution
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.
[78]The Third Amendment restricts the quartering of soldiers in private homes, in response to
Quartering Acts passed by the British parliament during the Revolutionary War. The amendment is one of the least controversial of the Constitution, and, as of 2016, has never been the primary basis of a Supreme Court decision.
[89][90][91]
Fourth Amendment Main article:
Fourth Amendment to the United States Constitution
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.
[78]The Fourth Amendment guards against unreasonable
searches and seizures, along with requiring any
warrant to be judicially sanctioned and supported by
probable cause. It was adopted as a response to the abuse of the
writ of assistance, which is a type of general
search warrant, in the American Revolution. Search and seizure (including arrest) must be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer who has
sworn by it. The amendment is the basis for the
exclusionary rule, which mandates that evidence obtained illegally cannot be introduced into a criminal trial.
[92] The amendment's interpretation has varied over time; its protections expanded under left-leaning courts such as that headed by
Earl Warren and contracted under right-leaning courts such as that of
William Rehnquist.
[93]
In
Gideon v. Wainwright (1963), the Court ruled that the amendment guaranteed the right to legal representation in all felony prosecutions in both state and federal courts.
[95]
Seventh Amendment Main article:
Seventh Amendment to the United States Constitution
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.
[78]The Seventh Amendment guarantees jury trials in federal civil cases that deal with claims of more than twenty dollars. It also prohibits judges from overruling findings of fact by juries in federal civil trials. In
Colgrove v. Battin (1973), the Court ruled that the amendment's requirements could be fulfilled by a jury with a minimum of six members. The Seventh is one of the few parts of the Bill of Rights not to be incorporated (applied to the states).
[96]
Eighth Amendment Main article:
Eighth Amendment to the United States Constitution
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
[78The Eighth Amendment forbids the imposition of excessive bails or fines, though it leaves the term "excessive" open to interpretation.
[97] The most frequently litigated clause of the amendment is the last, which forbids
cruel and unusual punishment.
[98][99] This clause was only occasionally applied by the Supreme Court prior to the 1970s, generally in cases dealing with means of execution. In
Furman v. Georgia (1972), some members of the Court found
capital punishment itself in violation of the amendment, arguing that the clause could reflect "evolving standards of decency" as public opinion changed; others found certain practices in capital trials to be unacceptably arbitrary, resulting in a majority decision that effectively halted executions in the United States for several years.
[100] Executions resumed following
Gregg v. Georgia (1976), which found capital punishment to be constitutional if the jury was directed by concrete sentencing guidelines.
[100] The Court has also found that some poor prison conditions constitute cruel and unusual punishment, as in
Estelle v. Gamble (1976).
[98]
Ninth Amendment Main article:
Ninth Amendment to the United States Constitution
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
[78]
The Ninth Amendment clarifies that the specific individual rights stated in the Constitution, particularly in the Bill of Rights, does not constitute an explicit and exhaustive listing of all individual rights possessed by the people, and cannot be used by the federal government to increase its powers in areas not stated. It was rarely cited before the second half of the 20th century, when it was used as a positive affirmation of a right not stated but nonetheless protected by the Constitution,
[101] the
right to privacy. This right was, in turn, the foundation upon which the Supreme Court built decisions in several landmark cases:
Griswold v. Connecticut (1965), which struck down a Connecticut law criminalizing the use of contraceptives;
Roe v. Wade (1973), which overturned a Texas law making it a crime to assist a woman to get an abortion; and
Planned Parenthood v. Casey (1992), which invalidated a Pennsylvania law that required spousal awareness prior to obtaining an abortion.
Tenth Amendment Main article:
Tenth Amendment to the United States 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.
[78]The Tenth Amendment reinforces the principles of
separation of powers and
federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or the people. The amendment provides no new powers or rights to the states, but rather preserves their authority in all matters not specifically granted to the federal government.
[102]
"Right Wing" (e.g. Faux Right) Revolutionaries
Originally Posted by XYMOX_4AD_84
Nipping
