The Bill of Rights and the challenges it has faced

The Constitution of the United States of America is the greatest protector of individual human rights ever drafted by man. The word protector is crucial to any discussion of the Constitution and in particular the Bill of Rights. The Declaration of Independence set out that the United States will be governed by the principle that a country's power is derived from the people. The Bill of Rights defined how the people's, or more importantly a person's, rights will be protected and preserved.

These protections are what American's have fought for generations to protect. The unalienable rights of man are the backbone of our shared value system. Throughout our history we have continually challenged ourselves to maintain the basic belief that "all men are created equal" and have often been forced to reevaluate our interpretation and enforcement of that basic value.

Listed below is the Bill of Rights to the United States Constitution. Appearing along side of them are examples throughout our brief history of how we have been challenged to maintain our Value System.

Amendment Title Description Historical Challenges
First Amendment Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition 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. McCarthyism is the term that describes the anti-communist fervor of the late 1940's and 1950's. Named for Senator Joe McCarthy of Wisconsin, the era is a black mark on the United States dedication to the First Amendment. It is estimated that during this timeframe 1 in 5 Americans were brought before loyalty committees before they could be employed. If a person had any connection to the communist party or even organizations that were rumored to be involved with the communist party, they would not be hired and ran the risk of blacklisting. The Hollywood Ten were a group of film industry individuals brought before the House Committee on Un-American Activities (HUAC) who refused to testify based on their First Amendment right to Freedom of Speech and Assembly. They were all jailed for between 6 and 12 months for Contempt of Congress and blacklisted on their release from Hollywood. McCarthyism had a significant impact on liberal thought in America during this timeframe.
Second Amendment Right to keep and bear arms 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. The right to bear arms is probably the most threatened of our basic rights. In recent years various levels of government from New York City and Washington, DC to Lincoln, Nebraska have considered limits on an individual's right to bear arms. The issue is currently in front of the Supreme Court which appears to be favoring the traditional view that it is not within the government's authority to step on individual liberty. Time will tell.
Third Amendment Protection from quartering of troops 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. In the period in between the French and Indian War and the Revolutionary War, the British enacted two versions of the Quartering Act in response to General Gage's request for Parliament to provide a solution to the lack of housing and adequate supplies for the remaining British Army. The Quartering Act of 1765 was contested by the colonies on the basis of taxation without representation since the Act required the colonies and citizens to feed the army and provide American barracks and public housing to support the army. If those were unavailable the colonies must provide space in commercial entities such as inns and taverns at no cost to the crown or the soldier. Further, if those were unavailable abandoned houses, barns and outhouses were to be given for the use of Army. Colonists argued that there had not been a standing army prior to the war with France and since the war had been one why was it necessary to maintain one after the war. The second act enacted in 1774 was actually a part of the Intolerable Acts cited by the founders as reasons for independence.
Fourth Amendment Protection from unreasonable search and seizure 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. During World War II, as part of the Exclusion Act signed by President Roosevelt, approximately 110,000 people of Japanese descent were forcibly relocated to internment camps for the duration of the war. Approximately 60% of those detained were US Citizens. Interment was justified by concerns over loyalty to the United States, yet invariably interment was based on race. The government held these individuals in camps with no due process; it seized and sold personal property, with no real indication, other than their race, that the individual was a threat to the United States.
Fifth Amendment Due process, double jeopardy, self-incrimination, eminent domain No person shall be held to answer for any 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. The Supreme Court's decision in the Kelo v. City of New London case in 2005 opened the door for local governments to significantly abuse the property rights of individuals. An egregious decision, the court drastically redefined the concept of "public use"; allowing the forced transfer of property from one property owner to another for unproven gain or benefit to the community. As Justice O'Connor wrote in her blistering dissent, the "specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory." In this decision the court stepped out of its role of arbiter of justice and into the role of legislator. Since its decision many state legislatures have gone back to redefine how eminent domain can be enforced in their state.
Sixth Amendment Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel 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 where in 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. The War on Terror has brought the Sixth Amendment to the forefront of public debate. Provisions in the USA Patriot Act and Detentions at Guantanamo Bay gave the government sweeping authority to hold individuals and suspend the rights of Habeas Corpus. The Sixth Amendment and the Writ of Habeas Corpus are the greatest protection individuals have from the tyranny of government. The ability of an individual to say that "You cannot hold me without cause," is one the basic rights on which this country was founded. Lincoln also suspended Habeas Corpus during the civil war, but until the patriot act was passed in 2001 it was widely accepted that the only justifications for suspension were invasion or rebellion. The War on Terror deserves evaluation of the tools that our government has to protect us. Our foe is certainly unlike anything we have faced before. But if we relinquish our basic principles and allow the Government to overstep individual rights we may be losing the war to win the battle. While the Supreme Court has stepped in on some of the issues and ruled in favor of upholding the Constitution's protections, the historical implications are huge. In times of fear and uncertainty it is easy to abandon our principles, but it is in these times that we must remain resolved to maintain our liberty's protected by the constitution.
Seventh Amendment Civil trial by jury 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.
Eighth Amendment Prohibition of excessive bail and cruel and unusual punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Ninth Amendment Protection of rights not specifically enumerated in the Bill of Rights The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Tenth Amendment Powers of states and people 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.