A Brief History
On October 2, 1789, President George Washington sent to the States for ratification a list of Amendments to the Constitution, a list we now refer to as “The Bill of Rights.”
Digging Deeper
These first 10 Amendments to the US Constitution would eventually be followed by 27 more Amendments that have been ratified by the States, giving us a total of 37 such Amendments. There are an additional 6 proposed Amendments that have not been ratified by the States, of which 4 are still “open.”
Amendments to the Constitution are authorized by Article 5 of the Constitution, requiring 2/3 of each house of congress (Senate and House of Representatives) to pass the Amendment and 2/3 of the States (currently 34) to enact the change.
How often have you heard someone sputter, “I know my rights!” Well, do you? There is more to this than merely making demands when you are arrested. Below is a brief synopsis of the Bill of Rights, without all the legalese and convoluted interpretation you find when these are discussed in court or in the media. Consider this list the “For Regular Guys” version.
- Freedom of Religion, Speech, the Press, and Assembly, and the right to petition the Government for grievances.
- Right to Keep and Bear Arms. (The Founding Fathers in the Federalist Papers and elsewhere explained that this meant individuals having military type arms, not only the “militia” and not guns just for hunting and target shooting.)
- No quartering soldiers in private homes in time of peace, and in time of war only by law.
- Warrant-less searches without Probable Cause.
- Guaranteed Due Process before one can be jailed, including indictment, prohibiting double jeopardy, and you cannot be compelled to testify against yourself (in criminal cases), including due process and compensation for the seizure of property and is the basis for “Miranda Warnings.”
- Right to a Speedy Trial by an Impartial Jury of one’s peers, and the right to confront witnesses. Also, the right to have an attorney.
- Guarantees a jury trial in lawsuits of a value over $20, jury minimum of 6 members.
- No excessive bail, no Cruel or Unusual Punishments.
- These various rights enumerated will not supersede other rights retained by the people. (This right is the basis for not denying the right to contraception or abortion.)
- Powers not delegated to the Federal Government by the Constitution or those not prohibited to the States shall be reserved by the States or people. (Basically it means unless the constitution says otherwise, the States and local governments will pick up control of various subjects.)
Now if you think you know your rights, I would suggest reading the actual wording of each of these and various legal rulings concerning the various topics, as such rulings can be highly contentious and convoluted. Hopefully our article will help your understanding, but please do not rely on it as “gospel.” Question for students (and subscribers): What amendments would you like to see to our Constitution? Please let us know in the comments section below this article.
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Historical Evidence
For more information, please see…
Baxter, Roberta. The Bill of Rights (Documenting U.S. History). Heinemann, 2014.
Hallaq, Mark and U.S. Government. U.S. Constitution, Bill of Rights, Amendments, Federalist Papers and More: Annotated Version – English Edition. 2014.
Ostler, Duane L. The Ninth Amendment: Key to Understanding the Bill of Rights. CreateSpace Independent Publishing Platform, 2014.
<span class="dsq-postid" data-dsqidentifier="14721 https://www.historyandheadlines.com/?p=14721">23 Comments
I would like to see an amendments clarifying the 2nd amendment so there isn’t all this controversy we can just get the wording right and not worry about it anymore.
I truly think that America has definitely one of the better systems put into place! And I’m not just saying that because I’m an American.
I got to really learn about the Amendments last year! It has always been an interesting topic to me.
People really need to learn the bill of rights because that will protect us from unrightful laws and people who dont know their rights. I love this knoledge.
* Knowledge
People think they know what their rights are but it really isn’t as simple think it is.
Many people have no idea of their rights and that is why they are taken advantage of by law enforcement. We have rights so we need to know what they are in order to appreciate them.
Last year I got to learn a little more about the amendments especially the 2nd amendment.
I think there should be a law prohibiting Donald Trump from using Twitter. The world would be a much better place.
My sister got a permit to carry a gun and when someone talks about taking away the 2nd amendment it’s taking away her right.
This article encouraged me to start actually looking into my rights.. I don’t know too much about the amendents.
I’ve never thought highly of the double jeopardy clause. I understand it for instances where law enforcement may feel only one suspect is the the only person involved, but I’ve watched so many real life shows where evidence is found after someone is after someone is found “not guilty” that proves their guilt and it’s just not right. There should be exceptions to the law that should be addressed.
The exception is that the Federal Government can prosecute someone for “civil rights” violations (depriving someone of their life, for example) after they are found not guilty in state or county court. This is what happened to the cops in the Rodney King fiasco and has happened in other high profile political cases.
Thank you for the information. The Rodney King mess was a HUGE fiasco and a horrible embarrassment for cops…
For Dr Zarzeczny, even though I’ve already commented, I wanted you to know I watched your wrap up video for Week 3.
I believe that one amendment that could possibly benefit our country is allowing non-natural born citizens to become president if they are naturalized. Many people argue that this could be a risky move because they might use their power against our country, but an American-born citizen could easily do the same thing. I believe that if they work hard and want to help our country, then they should be given a chance at running for president.
I would like to see an amendment to the constitution banning abortion without the mother being made fully aware of what is actually happening to her fetus.Being aware should include seeing and hearing the baby’s heartbeat. Many mothers are not made fully aware and live with guilt for the rest of their lives.I do not think that abortion should be banned as this could lead to unsafe abortions and an increase in unwanted children.
I support a Death Penalty Abolition amendment. I do not believe that capital punishment is consistent with the values and integrity of America. That being said, death penalty executions in our country seem prone to catastrophe and have a history of “cruel and unusual” conditions that already conflict with the established clause in the 8th amendment.
I would like to see an amendment that helps single moms all around the United states.
It’s interesting that there are still some amendments that are “open”. Weird how hard it is for amendments to be made.
I agree with Olivia 100%!
I totally agree with Holly from 2 months ago! By making it mandatory, it would save her a lifetime of guilt if she decides later on abortion was a poor mistake.
These were established more than 200 years ago and so many things have changed. I believe that these need to be over looked and change needs to happen.