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Wednesday, December 28, 2011

Know Your Bill of Rights

December 15, 2011 marked the 220th anniversary of our Bill of Rights. As usual, it passed without much fanfare, yet it’s been protecting American rights for more than two centuries. The Bill of Rights is part of the Constitution--our nation’s primary legal document--and they are law.
As Americans, we expect our government to honor our rights. Unfortunately, our schools do a poor job of preparing students to be responsible citizens. Most Americans are confused about exactly what rights we have, and have never read the Bill of Rights.

Our founders prepared the Constitution in 1787. It became law in 1789, after the states ratified it. The amendments are simply changes or additions to the original text. While the Constitution permits amendment by a complicated process involving state conventions, all of our amendments came about through the more streamlined method of Congressional proposals and state legislature ratifications. The most recent amendment, the 27th, passed in 1992. The Bill of Rights is the first ten amendments to the Constitution.

Some of the delegates to the Constitutional Convention in 1787 were concerned about British violations of civil rights before and during the revolution. They wanted our Constitution to contain a specific list of our rights. Other delegates thought it was unnecessary. Due to political maneuvers, the states ratified the Constitution without that list. However, the first US Congress presented 12 proposals to the states on September 25, 1789. Two of those proposals were defeated. The states ratified the remaining ten, which became our Bill of Rights on December 15, 1791.

Here they are:

First Amendment - protects people with different or unpopular ideas by protecting our freedoms of speech, press, religion, peaceful assembly, and to petition the government.

Second Amendment – protects our rights to own guns and to maintain a militia.

Third Amendment – prohibits the government from forcibly housing soldiers in our homes.

Fourth Amendment – requires that the police must have a warrant issued by a court before they can search us, or our homes, or take our property.

Fifth Amendment – lists our rights to proper procedure when arrested for a crime, prohibits self-incrimination and double jeopardy, and requires compensation for property seized through eminent domain.

Sixth Amendment – protects our right to trial by a jury and other rights when accused of crimes.

Seventh Amendment – protects our rights in civil trials and in appeals to higher courts.

Eighth Amendment – protects us from excessive bail and fines, and from cruel and unusual punishments.

Ninth Amendment – protects rights that are not specifically included in the Constitution.

Tenth Amendment – protects powers of the states and the people.

Six other important amendments protect our rights:


  • Thirteenth Amendment (1865) – abolished slavery.
  • Fourteenth Amendment (1868) – requires the states to guarantee equal protection of the law to everyone.
  • Fifteenth Amendment (1870) – guarantees the right to vote regardless of race.
  • Nineteenth Amendment (1920) – guarantees women’s right to vote.
  • Twenty-Fourth Amendment (1964) – abolished poll taxes and guarantees the right to vote even if you haven’t paid your taxes.
  • Twenty-Sixth Amendment (1971) – guarantees the right to vote to citizens age 18 and older.

So what can ordinary people do when the government violates these rights? The American Civil Liberties Union has defended our rights since 1920. With more than 500,000 members and supporters, the ACLU insists that the government respect civil liberties, even in times of national emergency. After all, it’s easy to honor public rights when times are comfortable. It’s when times are difficult that it really matters.

What has the ACLU done for you? In 2008, after the ACLU intervened, the US Department of Veterans Affairs agreed to allow the families of deceased service members to place religious symbols on headstones in federal cemeteries. The group has vigorously defended Occupy protesters’ first amendment rights to free speech, press, petition, and assembly. Since 2001, the ACLU has led the fight against government violations of the first, fourth, fifth, sixth, eighth, and fourteenth amendments through the “Patriot” and Military Commissions Acts and is now fighting the newly passed National Defense Authorization Act. Since the 2008 presidential election campaign, the ACLU has been fighting government efforts to prevent millions of citizens from voting in dozens of states. Those violations directly affect your rights and freedoms.

You can help yourself. Learn about your rights. Be alert. If your rights are violated, contact the ACLU. You can help others. Contact your legislators and President Obama. Insist that they act to repeal unconstitutional laws and to protect our rights.

For more information

Read the Bill of Rights


American Civil Liberties Union

Bill of Rights Institute

U.S. Government’s Web Portal

Contact Elected Officials


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