Happy Bill of Rights Day!!
On this day in 1791, the United States ratified the first 10 amendments to its new Constitution. These provisions were adopted to ensure that the federal government would be limited in its ability to infringe upon its citizens’ liberties. Later, the addition of the Fourteenth Amendment meant that state and local governments were also prohibited from violating the liberties to which citizens of the United States are entitled. Just in case you haven’t read them in a while, here are the amendments:
Amendment I – 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.
Amendment II – 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.
Amendment III – 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.
Amendment IV – 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.
Amendment V – 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, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI – 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 defence.
Amendment VII – 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.
Amendment VIII – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX – The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X – 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.
Now, let’s all name which of the ten we think is most often ignored in practice.
Comment by Mike S. — December 15, 2008 @ 1:56 p.m.
That’s easy! The Ninth Amendment. Intended to clarify that American liberties were incredibly broad and need not be rooted directly in the text of the first eight amendments, this provision has been so dramatically IGNORED by both Congress and the courts that Supreme Court nominee Robert Bork once referred to it as merely “an inkblot” with no real meaning.
Comment by Dave Roland — December 15, 2008 @ 2:00 p.m.
I will leave the two lawyers above to debate it, but while I think the ninth may be more ignored in theory, the tenth might be the most ignored in actual legislative practice. We can all agree that the third is the one with the best record of adherence. Has anyone given any thought to adjusting the dollar amount in VII for inflation?
Comment by David Stokes — December 15, 2008 @ 3:12 p.m.
Yeah, the Third Amendment isn’t often implicated. After Hurricane Katrina, however, I briefly looked into the possibility of a Third Amendment challenge to the National Guard’s practices in the New Orleans area. There were reports that the Guard was using unoccupied houses without obtaining the owners’ consent, although this practice seemed to end shortly after some in the media picked up the story.
Comment by Dave Roland — December 15, 2008 @ 3:20 p.m.
I agree with you about IX and X. Amendment IV also doesn’t get a lot of respect. “Persons” and “houses” are equally protected in the wording of the amendment, but certainly not in practice.
Comment by Mike S. — December 15, 2008 @ 4:03 p.m.
IX and X are the most blatantly ignored. If people understood how Articles IX and X work, being a politician would become part-time work.
Comment by Joe Nonnenkamp — December 16, 2008 @ 3:38 p.m.