Lesson 8 of 11
The first ten amendments, plus the ones that expanded who counts.
The original Constitution already banned some abuses, but Anti-Federalists wanted a clear list of liberties the new government must not invade. The first ten amendments, ratified in 1791, are the Bill of Rights.
At first they limited only the federal government. The 14th Amendment’s due process clause later became the path for applying most of those protections to state governments as well. That process is called incorporation.
1st: freedom of religion (no established national church, and free exercise), speech, press, peaceful assembly, and petition.
2nd: a right to keep and bear arms.
3rd: no quartering soldiers in homes in peacetime without consent.
4th: no unreasonable searches and seizures. A warrant generally needs probable cause.
5th: grand jury for serious federal crimes, no double jeopardy, no forced self-incrimination (“plead the Fifth”), due process, and just compensation if the government takes private property for public use (eminent domain).
6th: in criminal cases, a speedy public trial, an impartial jury, notice of charges, confrontation of witnesses, and a lawyer.
7th: jury trial in many civil (money and property) cases in federal court.
8th: no excessive bail or fines, and no cruel and unusual punishment.
9th: listing some rights does not mean people have no other rights.
10th: leftover powers stay with the states or the people.
Remember: 1 speech and religion. 4 searches. 5 remain silent. 6 lawyer and speedy trial. 8 no cruel punishment. 10 states.
13th (1865) abolished slavery. 14th (1868) defined citizenship, required states to give due process and equal protection, and is the backbone of many civil-rights cases. 15th (1870) said the right to vote cannot be denied because of race.
19th (1920) recognized women’s right to vote. 24th (1964) banned poll taxes in federal elections. 26th (1971) set the voting age at 18.
Other useful ones: 22nd limits the president to two terms. 25th covers presidential disability and filling a vice-presidential vacancy.
Speech does not protect a true threat or yelling “fire” in a crowded theater as a hoax. The press can be sued for knowing lies that wreck a reputation. Religion is protected, but a practice that seriously harms others can still be limited.
Tinker v. Des Moines said students do not “shed their constitutional rights at the schoolhouse gate,” so peaceful black armbands protesting war were protected speech. Hazelwood said schools can control the style and content of a school-sponsored newspaper more tightly. Rights in school are real, but not identical to rights on a public sidewalk.