The Second Amendment protects the right to keep and bear arms. The Third Amendment. The Fourth Amendment. The Fifth Amendment. The Sixth Amendment.
The Seventh Amendment. The Eighth Amendment. The Ninth Amendment. The Bill of Rights Institute engages, educates, and empowers individuals with a passion for the freedom and opportunity that exist in a free society.
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. What is the Significance of the Free Exercise Clause?
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. 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.
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.
Liberty and Security in Modern Times. 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 offense 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.
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.
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 reexamined in any court of the United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Learning Objectives Explain how the Bill of Rights is used to protect natural rights of liberty and property. Without a Bill of Rights, the Constitution may not have been ratified. The Bill of Rights originally only applied to the federal government, but has since been expanded to apply to the states as well.
The Bill of Rights includes protections such as freedom of the press, speech, religion, and assembly; the right to due process and fair trials; the right to personal property and other rights. Fourteenth Amendment : An amendment to the US Constitution containing a clause that has been used to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural rights.
Nationalizing the Bill of Rights The Bill of Rights were included into state laws through selective incorporation, rather than through full incorporation or nationalization. Learning Objectives Compare and contrast the difference between nationalization and selective incorporation of the Bill of Rights.
There were two opposing viewpoints that debated how the Bill of Rights should be incorporated at the state level. One argued for total incorporation, or nationalization, of the first eight amendments. Others argued for gradual and selective incorporation. Justice Hugo Black argued for the nationalization of the Bill of Rights, but the Supreme Court eventually adopted a practice of selective incorporation. Bill of Rights to the states. Incorporation Doctrine The incorporation of the Bill of Rights is the process by which American courts have applied portions of the Bill of Rights to the states.
Key Takeaways Key Points Prior to the s, the Bill of Rights was held only to apply to the federal government, which was a principle solidified even further by a Supreme Court case in Barron v. This amendment is cited in US litigation more than any other amendment. By the last half of the 20th century, nearly all of the first 8 amendments have been incorporated into state law except the 3rd Amendment, and certain parts of the 5th, 7th, and 8th.
The 9th and 10th Amendments apply to the federal government, and so have not been incorporated. Incorporation of the Bill of Rights into state law began with the case Gitlow v. New York , in which the Supreme Court upheld that states must respect freedom of speech. Key Terms Fourteenth Amendment : An amendment to the US Constitution containing a clause that has been used to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural rights.
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Grow Your Legal Practice. Meet the Editors. What Does the Bill of Rights Do? Among the parts of the Bill of Rights that apply to the states are: the unreasonable-search-and-seizure ban the prohibition against double jeopardy the privilege against self-incrimination the right to a speedy and public jury trial the right to counsel, and the bar against cruel and unusual punishment.
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