To win arguments, or to help you understand what’s behind breaking news stories, or to research school assignments, here are the ten amendments that make up the Bill of Rights, speaking for themselves…
Do you need to know this stuff?
I don’t see why not. You’re an American too!
If you’ve learned from this book that your daily life is now—and will always be—deeply affected by laws…AND by the people who make them or interpret them, then why not take a few minutes to see how it all began?
So here is a quick look at the Bill of Rights. Of course, I’ve added some pithy comments. (That’s my job!)
If you disagree, or your parent or teacher disagrees, you know where to find me.
1. FREEDOM OF SPEECH, PRESS, RELIGION, AND 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.
O’Reilly Pith: The tricky phrase here is “no law respecting an establishment of religion.” Sensibly enough, it’s known in the trade as the “establishment clause.”
Most of the wrangling based on this amendment hinges on the different possible interpretations of this clause. Yes, it’s there to separate church and state, but exactly how? At the very least it means that the government can’t establish a national religion, financially support a religion, or show preference for one religion over another or for religion over irreligious philosophies. But more precise questions than those have been raised over the years. For instance, does it violate this clause to have a military chaplain present for the sake of our wounded soldiers overseas? And if that’s true, wouldn’t the absence of a military chaplain violate another right—our soldiers’ right to free exercise of religion? Can the grant of monies to a hospital serving people of all denominations be construed as showing preference for one religion over another when the hospital is owned and operated by the Roman Catholic Church? And what about when a public school gives students time off for the observance of a religious holiday? (I know you have feelings about that issue!) These are the kinds of questions that have already been hotly debated. Many more continue to be debated every day. So have fun out there! These arguments are likely to continue as long as America lasts.
2. 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.
O’Reilly Pith: Here, the pesky phrase is “well-regulated militia.” You have no idea, I’d bet, how antigun lobbyists, including the ACLU, can take that phrase out for a walk around the block and knock it senseless. Anyway, you’ll have to deal with the potential for misinterpretation right there. Does this amendment protect the right for an individual to bear arms for his or her own self-protection? Or does it mean only the militia can possess guns? You see how polarized the argument can get. Good luck arguing that one without coming to blows!
3. CONDITIONS FOR QUARTERS OF SOLDIERS
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.
O’Reilly Pith: Are you worried that a squad of Marines is going to be installed in your house, taking over the TV remotes? No, you are not. But it used to happen, before that Philadelphia meeting and before George Washington and the guys defeated the British Redcoats, who did kick people out of their homes. So sit back and relax, you’ve got the whole place to yourself, kid.
4. RIGHT OF SEARCH AND SEIZURE REGULATED
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.
O’Reilly Pith: Okay, we’ve already talked about this amendment, but we have not ended the discussion by far. It continues this very day in various courts all over the land. Columnists are railing, politicians are venting, and the ACLU is collecting money—all because life is getting very, very complicated, especially with the terrorism component added into the mix. New laws and court decisions will appear; then they will be analyzed to see whether or not they actually fulfill the intent of Tom, Ben, and the rest. Stay tuned…
5. PROVISIONS CONCERNING PROSECUTION
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.
O’Reilly Pith: Yeah, this one is quite a mouthful. You can probably forget the military stuff for right now and concentrate on (1) the rule that a grand jury must return an indictment, (2) the provision against “double jeopardy,” (3) the essential concept of “due process,” and (4) the rule for compensation for your property taken by the government.
Each of these ideas is still being argued, as you know if you read newspapers, watch TV, or listen to radio…or hear one of your friends complain about unfair treatment of suspected criminals. And remember, Americans are entitled to these rights. But are terrorists captured in Afghanistan entitled to them? I say no. Others disagree. And we all keep talking!
6. RIGHT TO A SPEEDY TRIAL, WITNESSES, ETC.
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.
O’Reilly Pith: Here again, the basic ideas seem to be clear enough…and here again, the arguments get hot. What is a “speedy” trial? What is a “public” trial? Sound obvious? Well, is a trial “public” if it’s not on television? (There was no HDTV available back there in Philadelphia.) The states (remember them?) don’t agree on that one yet.
What is an “impartial” jury? For example, does gender, or occupation, or racial background cause a juror to be unfair? These questions don’t get the same answers from everyone involved in the law, let me tell you. What is required by the phrase “assistance of counsel”? Does that mean the court-appointed lawyer must be a Harvard graduate, or would it be fair for her to come from some lesser institution like Yale? (Sorry, kid. You know I have to say that because I hold a Harvard degree.)
7. RIGHT TO A 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 reexamined in any court of the United States, than according to the rules of the common law.
O’Reilly Pith: Forget the twenty-dollar rule. Half your classmates would be demanding jury trials because someone took their old running shoes or neglected to return some borrowed CDs, right? The courts have agreed on the “intent” of this clause. The more important principle here, of course, is that a case, once decided by a jury, cannot be retried elsewhere.
8. EXCESSIVE BAIL, CRUEL PUNISHMENT
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
O’Reilly Pith: I’m sure you see the problems here. Define excessive, please. And once you’ve got that little chore out of the way, reel off a quick, solid definition of “cruel and unusual punishments.” Does that phrase cover the death penalty? Well, unless you’ve been living in the basement of a mall for the last few years, you certainly know that both sides of that issue disagree about its true meaning. Once again, the debate goes on. Each side, in this case, believes it somehow knows the “intent” of the Philadelphia guys. Can each side be right? (No.) Is this a matter of life and death? (Uh…yes.)
9. RULE OF CONSTRUCTION OF CONSTITUTION
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
O’Reilly Pith: In other words, just because they didn’t mention a specific right doesn’t mean it’s not there. Bring on the iPods (and the lawyers)! Isn’t that really what this book is about?
10. RIGHTS OF THE STATES UNDER CONSTITUTION
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.
O’Reilly Pith: By now, you see what this means. If Ben, Tom, and their friends did not give a specific right to the national government or say that the states could NOT have it, then either the states or we ourselves—you and I and everybody else in America—have that right. I believe you know that’s never going to be as simple as it sounds. (You sure you don’t want to go to law school? We may need you!)