Welcome to You Ask Andy

Patrick McCaffery, age 13, of Casper, Wyo., for his question:

WHAT EXACTLY IS THE BILL OF RIGHTS?

The Bill of Rights is a document that describes the fundamental liberties of the people. It also forbids the government to violate these rights.

The United States Bill of Rights is made up of the first 10 Amendments to the United States Constitution. The Constitution had few specific guarantees of personal freedoms and representatives from several states refused to approve the document without more rights being guaranteed in writing.

Congress proposed 12 amendments. But by 1791, enough states had ratified 10 of the amendments. These were established as the Bill of Rights.

Amendment one says that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

Amendment two: 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 said that no soldier, in time of peace, would be quartered in any house without the consent of the owner while the fourth gave protection against searches and seizures.

Amendment five guaranteed that the people wouldn't be deprived of life, liberty or property without due process of law and six guaranteed the right to speedy and public trials.

Amendment seven gave the right of trial by jury and eight said excessive bail would not be required nor excessive fines imposed, nor cruel and unusual punishment inflicted. Nine said that certain rights shall not be construed to deny or disparage others retained by the people.

Amendment 10: 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 first eight amendments to the Constitution contain the fundamental rights and freedoms of every citizen while amendments nine and 10 forbid Congress to adopt laws that would violate these rights.

But the Supreme Court of the United States has since held that these rights have some limits. For example, freedom of speech does not protect a person who shouts "Fire" in a crowded theater when there is no fire.

James Madison led in the adoption of the 10 amendments that became known as the Bill of Rights, even though only the first eight amendments guarantee specific rights and freedoms.

The bill came into effect on December 15, 1791. This day is now celebrated as Bill of Rights Day.

The Supreme court has held that under Amendment 14, the Bill of Rights also applies to state governments.

Each state constitution contains a bill of rights or a declaration of rights. It also guarantees the fundamental rights listed in the United States Constitution.

 

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