The Constitution: Our Bill of Rights
Did you know that flexibility of speech, liberty of religion, and the right to bear arms were not in the initial Constitution, prepared in Philadelphia in the summer season of 1787? Sherif Girgis, associate professor of law at the University of Notre Dame, has the answer.
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Script:
If you asked people to explain what is in the US Constitution, the majority of would begin by pointing out flexibility of speech, flexibility of faith, and possibly the right to bear arms. They are the very first ten modifications to the Constitution.
And why was this Bill of Rights essential?
The answer is that lots of Americans thought the Constitution– a file dedicated to limiting federal power– didn’t limit that power enough. This was not a fringe opinion. Individuals like Thomas Jefferson, James Monroe, Patrick Henry, and George Mason all shared this worry.
James Madison, among the principal authors of the Constitution, disagreed. He argued that all the assurances the skeptics wanted were already in the Constitution. They simply needed to look a little more closely. Madison, ever the pragmatist, came around– specifically when it became clear that without these assurances, the Constitution would not be validated.
Madison took it upon himself to draft the 10 changes.
The First Amendment is the most famous. It clearly sets out a few of our most fundamental rights, the rights for which America has actually been universally admired.
Congress will make no law appreciating a facility of religious beliefs, or restricting the complimentary workout thereof; or abridging the flexibility of speech, or of the press; or the right of individuals peaceably to put together …
The Second Amendment secures the right of individuals to have guns.
A well managed Militia, being needed to the security of a complimentary State, the right of the people to keep and bear Arms, will not be infringed.
The Third Amendment is the most unknown, but made best sense to a citizenry that had, within recent memory, battled the British Army.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner …
The Fourth Amendment prohibits the federal government from arresting you or browsing your personal belongings without some factor to believe that a criminal activity has actually occurred.
The right of the people to be secure in their persons, impacts, documents, and houses, against unreasonable searches and seizures, shall not be breached, and no Warrants shall issue, but upon possible cause …
The Fifth Amendment warranties you a reasonable legal procedure before you’re denied of your flexibility or property, and protects you from being put on trial for the same criminal offense twice. It likewise protects you from needing to testify versus yourself in court. This is the source of the expression “plead the 5th.” And if the federal government takes your home to put it to public usage– for instance, to develop a highway– you must be paid a fair rate for it.
… nor will anybody be subject for the exact same offence to be two times put in jeopardy …; nor shall be compelled in any criminal case to be a witness against himself, nor be denied of liberty, home, or life, without due process of law; nor will private property be considered public usage, without simply settlement.
The Sixth Amendment gives those charged with a criminal activity the right to have a speedy trial with an attorney by their side, and to face their accusers.
In all criminal prosecutions, the implicated shall take pleasure in the right to a public and speedy trial … and to be notified of the nature and cause of the accusation … and to have the Assistance of Counsel for his defence.
The Seventh Amendment offers you the right to trial by jury in civil cases.
In Suits at common law … the right of trial by jury will be maintained …
The Eighth Amendment protects you from unduly high bail and fines and antiquated forms of penalty.
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Did you understand that liberty of speech, flexibility of faith, and the right to bear arms were not in the initial Constitution, drafted in Philadelphia in the summer season of 1787? If you asked individuals to describe what is in the United States Constitution, many would start by mentioning flexibility of speech, freedom of faith, and maybe the right to bear arms. They are the very first ten changes to the Constitution. The response is that numerous Americans thought the Constitution– a file dedicated to restricting federal power– didn’t limit that power enough. Madison, ever the pragmatist, came around– specifically when it ended up being clear that without these assurances, the Constitution would not be validated.