The Constitution: Our Bill of Rights
Did you know that freedom of speech, freedom of religion, and the right to bear arms were not in the original Constitution, drafted in Philadelphia in the summer of 1787? So where did they come from? 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 describe what is in the US Constitution, most would begin by citing freedom of speech, freedom of religion, and maybe the right to bear arms. But in fact, these are not part of the Constitution that came out of Philadelphia in September 1787. They are the first ten amendments to the Constitution. They are part of what is known as the Bill of Rights.
And why was this Bill of Rights necessary?
The answer is that many Americans thought the Constitution — a document dedicated to limiting federal power — didn’t limit that power enough. This was not a fringe opinion. People like Thomas Jefferson, James Monroe, Patrick Henry, and George Mason all shared this fear.
James Madison, one of the principal authors of the Constitution, disagreed. He argued that all the assurances the doubters wanted were already in the Constitution. They just needed to look a little more closely. But Madison, ever the pragmatist, came around — especially when it became clear that without these assurances, the Constitution would not be ratified.
So, Madison took it upon himself to draft the ten amendments.
The First Amendment is the most famous. It clearly sets out some of our most fundamental rights, the rights for which America has been universally admired.
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…
The Second Amendment protects the right of the people to possess firearms.
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.
The Third Amendment is the most obscure, but made perfect sense to a citizenry that had, within recent memory, fought off 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 government from arresting you or searching your belongings without some reason to think that a crime has occurred.
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…
The Fifth Amendment guarantees you a fair legal process before you’re deprived of your freedom or property, and protects you from being put on trial for the same crime twice. It also protects you from having to testify against yourself in court. This is the source of the phrase “plead the fifth.” And if the government takes your property to put it to public use—for example, to build a highway—you must be paid a fair price for it.
…nor shall any person be subject for the same offence to be twice put in jeopardy… ; 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.
The Sixth Amendment gives those charged with a crime the right to have a speedy trial with a lawyer by their side, and to confront their accusers.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial… and to be informed of the nature and cause of the accusation… and to have the Assistance of Counsel for his defence.
The Seventh Amendment gives you the right to trial by jury in civil cases.
In Suits at common law…the right of trial by jury shall be preserved…
The Eighth Amendment protects you from unduly high bail and fines and antiquated forms of punishment.
For the full script, visit: https://www.prageru.com/video/the-constitution-our-bill-of-rights
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I believe it should be noted, the Declaration says "just" governments (plural) are to secure unalienable rights. This does not give state governments the power to violate rights. So I see Amendment X giving the states the power to secure unalienable rights, but the remaining powers belong to the people, Amendment IX. The Constitution was written in large part because the states WERE violating unalienable rights and so "in order to form a more perfect Union" we would outlaw these violations as happened with slavery. Jefferson clearly described "rightful liberty".
"but rightful liberty is unobstructed action according to our will, within the limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’; because law is often but the tyrant’s will, and always so when it violates the right of an individual."
States' rights still violate "unalienable" rights, "the tyrants will". THAT is why we are not a democracy. Madison in Federalist #10 spoke of faction being adversed to the rights of others. When democracy is adverse to the rights of others, it is the duty of governments to prevent it.
"That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,"
Bastiat's The Law gets it right.
I think you’re just being picky. The first 10 amendments were added, that’s true. But constitution was not complete without them. Not enough states would have ratified the constitution without them. Simply because they are called “amendments” does not mean therefore they are not part of the original constitution.
I’m not sure what you’re trying to get at other than to inform people of what the amendments are. Remember there are 27, are trying to say that the 13th amendment is not part of the Constitution? Or any other amendment?
EXCELLENT – Thank you PragerU
The 6th amendment doesn't say anything about a lawyer. It says write to counsel so if you're gonna quote the constitution say it as written or don't say it at all
It is time to rely on both the scripture that the Creator gave us and the Constitution, with special obedience to the ten Commandments. Re-institute the clause that says any office holder that lies will lose their office position! Even the Creator does not limit Satans, the father of lies, ability to speak his lies, what makes anyone think that they have the ability or authority to limiting speech or that it would help? We are all subject to obey the Laws of the creator to have a good life with each other. Anyone who will not hold to The Creators laws should be banished from the public forum. This is an important point because the only commandment with a special punishment is #9, liars, they will ALL end up in the lake of fire.
The bill of rights important , but it seems to be on purposely ignored all the time. 🦃🦅
we have the right to use heroin and cocaine
It's not difficult to imagine our country without them because we witness it all the time. The IRS operates completely outside the law. They can seize your assets without charging you, and even without your knowledge that you are being investigated. Communities all across the country often take condemn and confiscate people's property not for public use, but to sell it to another entity who can promise that more taxes will be collected. And we've recently learned that twitter was acting in conjunction with the FBI, and elected public servants to shut down speech that they did not like.
The constitution definitely needs to be revised. Times have changed a lot since the 1700s
Does anyone actually think Donald Trump has ever read the constitution? I mean, he tried to destroy our constitutional electoral process right before our eyes.
Imagine how different the federal government might be if Madison’s actual first amendment (Article the First, aka the congressional apportionment amendment) would actually be ratified
Great video! One word correction should be noted…. At 4:38 the Federal Government can not "reserve" powers to itself. They are delegated (given) powers by the constitution.
ALL other powers are reserved (kept) by the states and the people. James Madison wrote in Federalist Papers #45 – "The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite."
Democrats very easily see an America without this or the Constitution. That is unless they can twist it to their own means
I pledge allegiance to myself to always stand on higher ground against all cruelties and injustices. The US government is a none stop War Machines it was built on the genocide of millions of Native Americans and the blood sweat and tears of black slaves that were enslaved for five hundred years. This country has been built on hypocrisy and innocent blood shed. I Free myself from all this government abominations it has nothing to do with me and I will never pledge Alliance to an American Government Abominations. I will not be unevenly yoked with Pedophiles, Satanists, Mass Murderers, Liars and Thieves War Machines. My soul is free from this Government hells moving on. Billions of people around the world have been poisoned💉☠️⏳
Interesting how he avoided /omitted the last part of the 1st Amend. ; about how WE The People have the Right to petition the Government for the REDRESS Of WRONGS.
I'm so grateful that I live in the USA where I have rights that people from other countries don't have. We are unique among all nations for certain. Too bad so many of us have turned our backs on God. We used to be a greatly blessed nation. Although not as blessed as we used to be we are still the best in the world, by far.
It is NOT Our bill of right they are a limit On government stop this mistake.. it is killing our rights . To assume our republic government grants them is to give it authority to remove them
WOW, I didn't even realize that you ONLY have the Right to Jury for "civil" cases… I was wondering how so many courts have "Judges" making rulings on everything.
BTW, sadly every one of those rights have been infringed on in one degree or another, and many it's the courts themselves allowing it.
What bill of right don’t exist anymore. It’s government rule
I'm glad PragerU has gotten to this topic