United States Department of Defense

U.S. Constitution Course

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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.

What Does It Mean:

The first ten amendments comprise the Bill of Rights. The first amendment protects religious freedom by prohibiting the establishment of an official or exclusive church or sect. Free speech and free press are protected, although they can be limited for reasons of defamation, obscenity, and certain forms of state censorship, especially during wartime. The freedom of assembly and petition also covers marching, picketing and pamphleteering.

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.

What Does It Mean:

Whether this provision protects the individual's right to own firearms or whether it deals only with the collective right of the people to arm and maintain a militia is strongly debated.

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.

What Does It Mean:

This virtually obsolete provision was in response to anger over the British military practice of quartering soldiers in colonists' homes.

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.

What Does It Mean:

Applying to arrests and to searches of persons, homes, and other private places, this amendment requires a warrant, thereby placing a neutral magistrate between the police and the citizen.

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 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.

What Does It Mean:

Indictment by a grand jury requires the decision of ordinary citizens to place one in danger of conviction. Double jeopardy means that when one has been convicted or acquitted, the Government cannot place that person on trial again. The self-incrimination clause means that the prosecution must establish guilt by independent evidence and not by extorting a confession from the suspect, although voluntary confessions are not precluded. Due process of the law requires the Government to observe proper and traditional methods in depriving one of an important right. Finally, when the Government seizes property to use in the public interest, it must pay the owner fair value.

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.

What Does It Mean:

Defendants in criminal cases are entitled to public trials that follow relatively soon after initiation of the charges. Witnesses must be brought to the trial to testify before the defendant, judge, and jury. Defendants are also entitled to compel witnesses on their behalf to appear and testify.

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 reexamined in any court of the United States, than according to the rules of the common law.

What Does It Mean:

Mistrustful of judges, the people insisted on the right to jury trial in civil cases. The minimum level, $20, is so low today that it would burden the federal judiciary, so various devices have been developed to permit alternative resolution of disputes.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

What Does It Mean:

Neither bail nor punishment for a crime are to be unreasonably severe. The "cruel and unusual punishments" clause has been the basis for challenges to the death penalty.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

What Does It Mean:

Failure of the Constitution to mention a specific right does not mean that the Government can abridge that right, but its protection has to be found elsewhere.

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.

What Does It Mean:

The Federal Government is the recipient of constitutionally delegated powers. What is not delegated remains in the states or in the people.