Back to ACHIEVE Home Page

Back to GOVERNMENT Study Page

In this lesson we will continue our study of the U.S. Constitution through an extensive examination of the origin and meaning of each Amendment.

There have many numerous court cases and Supreme Court decisions that have defined the meaning and influence of each of these Amendments. We will discuss some of these court cases in later lessons.

The first ten Amendments to the Constitution, the Bill of Rights, can be divided into three categories.

1. Basic Rights
2. Protection from the Federal Government
3. State Power

Each of the Amendments will display the year it was submitted to the states for ratification on the left and the year it was ratified on the right. For example Amendment I was submitted in 1789 and ratified in 1791.

• 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 redress of grievances.
• There are five basic freedoms listed in the first amendment. The guarantee of the freedom of religion addresses two issues. Firstly, the prohibition against the establishment of religion guaranteed that there would be a separation of church and state. The government would not support or sponsor any religion.
• The second guarantee protects both the practice of a religion and religious thought. During the colonial period, many churches were supported by public taxes and local governments.
• The freedom of speech and press guarantees that people will be free to write and publish materials freely without fear of censorship. People are not free to use their freedom of speech to harm others.
• For example, a person is not free to tell or write something that is not true. A person does not have a right to use their free speech to incite a riot or cause harm to others.
• The right to peaceably assemble, where people can come together in public meetings is guaranteed by the First Amendment. Citizens also have the right to petition their government. Petition literally means to ask the government to correct any wrongs that have been committed against the people.

• 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.
• All of the states have the right to organize a militia, a volunteer military force, for its protection. These militia forces such as the National Guard have the right to keep and bear arms (guns). However, the courts have held that governments can regulate the use of guns by private citizens.

• 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 matter prescribed by law.
• It was a common practice during the colonial period for the British Army to quarter, or house, their soldiers in private homes. This practice was conducted without the permission of the homeowners. This Amendment is virtually insignificant today.

• 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.
• The Fourth Amendment protects citizens from unreasonable searches by the police or government. Before they can conduct a search, the police must obtain a warrant from a judge showing that it is probable that something illegal will be found or there is evidence of a crime. A search warrant must describe the exact location that is to be searched and the evidence that is to be seized.
• The courts in the exclusionary rule, have held that evidence seized unlawfully with a search warrant cannot be used in a court of law.
• In other words, if police are looking for stolen property and during the process find illegal drugs, the drugs could not be used as evidence.
• There are special circumstances when police do not need a search warrant that we will discuss in a later lesson.

• 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 offence 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, with DUE PROCESS of law; nor shall private property be taken for public use, without just compensation.
• Please note the words in capital letters. We will be discussing each of these words in our explanation of the Fifth Amendment. The Fifth Amendment protects a wide-range of the individual rights of citizens against the actions of the government.
• A CAPITAL crime is a serious crime that is punishable by death. An INFAMOUS crime is punishable by prison or the loss of civil rights. An INDICTMENT is a formal written statement that was presented to a GRAND JURY by a prosecuting attorney.
• The grand jury determines if there is enough evidence to bring formal charges against the accused. The accused will later face these formal charges at a trial.
• The Fifth Amendment states that "nor shall any person be subject for the same offense to be twice put in JEOPARDY." This is also referred to as being placed in double jeopardy.
• In other words, if a person has been found not guilty in a court of law, he/she does not have to stand trial again on the same charges. An accused person does not have to be a witness against himself/herself. This means the accused does not have to testify at his/her trial.
• The Fifth Amendment also has a due process clause that prohibits illegal and unfair actions by the federal government. Due process means that the government will follow a course of action that is in accordance with established rules of law.
• There are two types of due process, substantive and procedural. Substantive due process means that the rule or law will be fair. Procedural due process means that the rule or law will be obeyed.
• For example, substantive due process (the rules or law) for search and seizure (Fourth Amendment) are accepted by the law and courts to be correct according to the Constitution.
• Procedural due process would state that these rules and procedures outlined in the law or court decisions will be followed. It is a violation of procedural due process to conduct a search without a warrant or probable cause. We will further discuss due process in a later lesson (Fourteenth Amendment).
• The Fifth Amendment also guarantees due process in the rule of eminent domain.
• Eminent domain means that private property cannot be taken for a public use without just compensation for the owner. People have to be paid a fair market price for their land or home.
• For example, a new four lane highway will be built through a residential area that currently has a two lane road. Many houses will have to be moved in order to widen the road. This is the taking private property (houses) for a public use (four lane highway). The people living in those houses have a right, under eminent domain, to receive a fair market value for their homes. The fair market value of the houses may have to be decided in a court of law.

• 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.
• The Sixth Amendment guarantees that all persons accused of a crime have a right to a speedy and public trial before an impartial jury. An impartial jury is one that favors neither side. The persons must be informed of the charges against them and they have a right to cross-examine any witnesses against them.
• The accused also have the right to bring in their own witnesses and to have the help of an attorney at every step of the legal proceedings. Article III, Section 2, Clause 3 also guarantees the right to a trial by a jury.

• 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.
• Common law refers to a body of law based on custom, tradition, and precedent (what has happened before). Common law has been established by cases already decided in the courts.
• A civil case does not involve a crime, but rather is a dispute between people or between the government and an individual.
• People are guaranteed a trial by jury if the case involves more than twenty dollars. An appeals court cannot change the verdict if it disagrees with the decision of the jury. The appeals court can set aside a verdict if a legal error has occurred.

• Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
• Bail refers to the money an accused gives to the court to guarantee that he/she will appear for their trial.
• The Eighth amendment guarantees that the bail will not be placed so high that the accused will have to stay in jail. This Amendment also forbids cruel and unusual punishments, such as torture.

• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
• The First and Second Amendments to the U.S. Constitution list specific rights that the federal government would guarantee to the American citizens. These rights are enumerated or expressed so there could be no misunderstanding. American citizens had the freedom of speech, press, religion, assembly, and petition and the right to keep and bear arms.
• But what about the rights that were not specifically mentioned?
• Some people were still concerned that the Bill of Rights could be used to limit their rights to only those actually listed. The Ninth Amendment was added to address this concern.
• The Ninth Amendment basically states that the people have other rights that are not specifically stated in the Constitution. Please keep in mind that many people still had a fear of a strong central government based on their experience as British citizens.

• 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.
• The Anti-federalists, those who favored states rights, wanted a national Bill of Rights that would limit the power of the federal government to only those powers expressly listed in the Constitution. These expressed powers granted to the federal government are listed in Article 1, Section 8, and those denied to the federal government may be found in Article 1, Section 9.
• The Tenth Amendment basically proposes that the powers that are not specifically written in the Constitution as part of the expressed powers are reserved to the states. The reserved powers of the states are not listed in the Constitution.

This concludes the lesson on the first ten Amendments to the Constitution. These ten Amendments are also known as the Bill of Rights. A reminder that these Amendments can be divided into the following categories:

1. Basic Rights,
2. Protection from the Federal Government,
3. State Power