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The First Ten Amendments

This is a brief paper concerning the first ten amendments of the US Constitution, also known as the Bill of Rights.

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0% found this document useful (0 votes)
131 views9 pages

The First Ten Amendments

This is a brief paper concerning the first ten amendments of the US Constitution, also known as the Bill of Rights.

Uploaded by

Ethan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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The First Ten Amendments

Ethan T. Reach

Pols 113: Intro to Government

Prof. Robert Doolin

Oct. 14, 2022


The Bill of Rights is one of the most important parts of the United States

Constitution. It contains ten special amendments that underline the liberties of the

people and highlight the boundaries of the government’s power. These liberties extend

from the Freedom of Speech to the promise of just punishment for all. Over the course

of this essay, I will introduce each of the amendments composed in the Bill of Rights

and explain how they are still used today.

The first amendment that I will go over is the first amendment to our Constitution.

The first amendment states,

“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; of the right of people peaceably to assemble, and petition the government

for a redress of grievances” (Fall River Press).

This is still practiced and used today, as many Americans go to church on Sundays, and

continually read or watch the news. These liberties are made official by this

amendment. In countries such as Russia, it is illegal to ‘peaceably assemble’, or protest.

When citizens of Russia protested the Ukrainian War, thousands were arrested from all

over the country (Edson & Olson, 2022). The free exercise of religion is one of the most

important freedoms listed in this first amendment, due to the many religions, or anti-

religions, that are available and practiced in the United States. Some of these include

Islam, Christianity, and Atheism.

The second amendment states,


“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” (Fall River Press).

This amendment protects the rights of the citizens of America to bear weapons. This

amendment has gone under much criticism, due to the mass amount of school

shootings that have taken place in the past few years (Datoc, 2022). There is a pending

court case regarding gun restrictions on semi-automatic assault rifles (SAW) or any

large-capacity ammunition feeding devices (LCAFD) (Congress.Gov). Although I see no

reason for weapons of such power is necessary for personal protection, this is still a

clear violation of the second amendment.

The third amendment states that,

“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.”

This amendment was originally made to further strengthen the people’s popularity of

these new amendments. The third amendment was drafted because, during the

American Revolution, British soldiers were allowed to take food stores to feed their army

(). However, this eventually went out of hand when British soldiers would pressure

owners of houses and barns to quarter British troops (). These events led to the Boston

Massacre, which ultimately led to the American War for Independence (). Nowadays,

this amendment is not used and is liberty that was simply made to act as a form of

buffer between the government’s power and the citizen’s rights.


The fourth amendment is the amendment that protects the United States citizen’s

forms of privacy. It states,

“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” (Fall River Press).

This amendment promises the citizens of the United States, that the government will not

invade their property or privacies unless given a ‘warrant’ that is ‘supported by oath’

(Fall River Press). There have been multiple cases in which people have felt like the

government has abused this amendment. Some cases include the authorization of

government access to items such as Google Home or Amazon Echo that were made

legal under the Patriot Act (Van Zandt, 2005).

The fifth amendment highlights the laws regarding trials. It states,

“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” (Fall River Press).


The liberties are regarding times of court cases or trials. For example, the

amendment says, ‘nor shall any person be subject for the same offense to be twice put

in jeopardy of life or limb,’ which must infer that if that law had not been made, people

could be subject to court multiple times regarding the same case (Fall River Press). The

accusers could then go from case to case until the accused is finally convicted. One

case in which the state governments have abused this law is when civil asset forfeiture

is performed (Harness, 2019). This means, that if the house or the property was

somehow involved in the crime that you were accused of, the state government could

gain control of the property after you have been accused and sent to prison (Harness,

2019).

The sixth amendment grants the accused criminal the right to a ‘speedy and

public trial’ (Fall River Press). The entire amendment states,

“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” (Fall River Press).

This means that the accused has the right to a fast trial, rather than having to

serve time in jail until the appropriate or destined time. The sixth amendment ensures

that every person has the same rights for every trial.
The seventh amendment begins, saying,

“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, then according to the

rules of the common law” (Fall River Press).

According to the CFI Inflation Calculator, the approximate value of twenty dollars

in the late seventeen hundreds was an average of one thousand five hundred dollars

(OfficialData.org). This meant that if two people were brought to court over a quarrel

over money, the jury could deem whose money they believed it was, without having to

convict anyone. The seventh amendment also made it possible that no case of such

could be reexamined and changed, such as how the Roe v. Wade case was flipped

after over fifty years of federal law (Mangan, 2022) regarding monetary gain or loss.

The eighth amendment states,

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and

unusual punishments inflicted” (Fall River Press).

The eighth amendment highlights the need for the courts to be just, not only in

their convictions but also in the consequences of the convicts. Such as if a man robbed

a grocery store, was caught, and was then sentenced to death. This sentence is a very

harsh and rough sentence for a man who committed a petty crime. The eighth

amendment helped ensure his fate.

The ninth amendment can be compared to the eighth, in what it states, which is,
“The enumeration in the Constitution of certain rights shall not be constructed to

deny or disparage others retained by the people” (Fall River Press).

The ninth amendment forbids others from purposefully not allowing a certain

individual to not obtain, use, or know about their rights (Fall River Press). This is the

reason why the question, ‘Are you aware of your rights’ is asked in court or the prison

before the convicted is questioned.

The tenth and final amendment in the Bill of Rights states,

“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” (Fall River Press).

This amendment ensures that the United States federal government cannot

cross over into the jurisdictions of the States. For all the powers not delegated, are

reserved to the states respectively (Fall River Press). Although this line has been

somewhat blurred as time has passed, as shown in the textbook in Figure 3.12, as of

now I believe that the State and Federal judicial powers are still maintained (Krutz,

et.al., 2014).

The Bill of Rights is one of the most known pieces of the United States

Constitution. The ten amendments go through the necessary needs of the citizens of

America and help maintain a steady balance between the federal and state powers. I do

not believe that any changes should be made to the Constitution, nor do I think that

changes should be made to the Bill of Rights. I believe that the Bill of Rights has helped

American citizens achieve a sense of balance and peace through them.


References

Krutz, Glen & Waskiewicz, Sylvie, PhD. (2021, July 28). American Government 3e.

Houston, Texas. https://openstax.org/books/american-government-3e/pages/1-1-

what-is-government.

Fall River Press. (2012). The Constitution of the United States of America with the

Declaration of Independence. Fall River Press.

Datoc, Christian. (17 May, 2022). Biden to call for gun control after Buffalo shooting, but

Liberals are skeptical. https://www.washingtonexaminer.com/news/white-house/

biden-to-call-for-gun-control-after-buffalo-shooting-but-liberals-are-skeptical?

adlt=strict&toWww=1&redig=64C693D046844831B09BA912A208116F

Congress.Gov. (n.d.). H.R. 1808 – Assault Weapons Ban of 2022.

https://www.congress.gov/bill/117th-congress/house-bill/1808

McNamara, Robert. (22 Aug. 2019). Quartering Act: British laws opposed by American

Colonists. https://www.thoughtco.com/quartering-act-4707197

Van Zandt, Clint. (20 Dec, 2005). The media, the NSA, and the Patriot Act. https://www.

theguardian.com/commentisfree/2016/feb/09/internet-of-things-smart-devices-

spying-surveillance-us-government?adlt=strict&toWww=1&redig=EECA

1292556C4C0CB66AC27D0353833E
Harness, Jill. (28 Dec, 2018). What happens to your stuff when you go to prison?.

https://vistacriminallaw.com/what-happens-to-your-property-when-you-go-to-

prison/?adlt=strict&toWww=1&redig=9EFAAFF69AB24062B8312D7BAD30831A

CPI Inflation Calculator. (n.d.). 20 dollars in 1700 is worth 1444.75 dollars today. Official

Data.org. https://www.officialdata.org/us/inflation/1700?amount=20&adlt=strict&to

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Mangan, Dan. (24 Jun, 2022). Ending fifty years of Federal Abortion Rights. CNBC.

https://www.cnbc.com/2022/06/24/roe-v-wade-overturned-by-supreme-court-

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CA9D4E7CACF0210E280FDD11

Edson, Richard & Olson, Tyler. (27 Feb. 2022). Thousands of Russians arrested for

protesting against Putin’s War in Ukraine, human rights group says. https://www

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