Changes

The original Constitution established the basic structure of the federal government, but included very few protections for individual rights.  Advocates of the Constitution, including Alexander Hamilton and James Madison, insisted that special safeguards for individuals against government power was unnecessary, because the Constitution granted only limited powers to the new federal (national) government.  This new "United States" government could not infringe on individual rights because the Constitution did not give it the power to so infringe.  But as the ratification debate ensued in various states, particularly the then-large states of Virginia, New York, and Massachusetts, supporters of the Constitution had to promise they would quickly amend the Constitution with a "Bill of Rights" to prevent the new United States government from growing too powerful.

The original Constitution established the basic structure of the federal government, but included very few protections for individual rights.  Advocates of the Constitution, including Alexander Hamilton and James Madison, insisted that special safeguards for individuals against government power was unnecessary, because the Constitution granted only limited powers to the new federal (national) government.  This new "United States" government could not infringe on individual rights because the Constitution did not give it the power to so infringe.  But as the ratification debate ensued in various states, particularly the then-large states of Virginia, New York, and Massachusetts, supporters of the Constitution had to promise they would quickly amend the Constitution with a "Bill of Rights" to prevent the new United States government from growing too powerful.

The first Congress after ratification of the Constitution, and after the election of George Washington as the first President, convened in New York City.  (Washington, D.C., did not exist yet.)  One of its first official acts, on March 4, 1789, was to pass ten amendments as a "Bill of Rights" and then send it to the states for ratification, so that it could become part of the U.S. Constitution.  Here is what this Act was:

The first Congress after ratification of the Constitution, and after the election of George Washington as the first President, convened in New York City.  (Washington, D.C., did not exist yet.)  One of its first official acts, on March 4, 1789, was to pass ten amendments as a "Bill of Rights" and then send it to the states for ratification, so that it could become part of the U.S. Constitution.  Here is what this Act was:

== Applying the Bill of Rights ==

== Applying the Bill of Rights ==

Thousands of attorneys spend all their time applying the Bill of Rights to specific cases.  Originally intended to apply against only the federal government, not state and local governments.  But after the ratification of the Fourteenth Amendment after the Civil War, the U.S. Supreme Court began applying provisions in the Bill of Rights against the States.  Today almost every provision of the Bill of Rights has been applied against state or local government.

Thousands of attorneys spend all their time applying the Bill of Rights to specific cases.  The Bill of Rights was originally intended to apply against only the federal government, not state and local governments.  But after the ratification of the Fourteenth Amendment after the Civil War, the U.S. Supreme Court began applying provisions in the Bill of Rights against the States.  Today almost every provision of the Bill of Rights has been applied against state or local government.

This means every action by a government official, whether working for the federal, state or local government, must comply with the Bill of Rights.  Every police stop of a motorist, every regulation of speech, and every criminal prosecution must abide by those Ten Amendments.

This means every action by a government official, whether working for the federal, state or local government, must comply with the Bill of Rights.  Every police stop of a motorist, every regulation of speech, and every criminal prosecution must abide by those ten Amendments.

All Ten Amendments in the Bill of Rights are important, but the First and Fourth Amendments are litigated the most in courts.  Other amendments are just as important but do not arise often in actual cases.  For example, the Second Amendment protects an individual right to own guns, as held by the U.S. Supreme Court in ''D.C. v. Heller'' (2008).  But only a few cases a year are decided based on the Second Amendment.  Courts still allow government to regulate gun ownership, and courts almost never invalidate those regulations.  

All ten Amendments in the Bill of Rights are important, but the First and Fourth Amendments are litigated the most in courts.  Other amendments are just as important but do not arise often in actual cases.  For example, the Second Amendment protects an individual right to own guns, as held by the U.S. Supreme Court in ''D.C. v. Heller'' (2008).  But only a few cases a year are decided based on the Second Amendment.  Courts still allow government to regulate gun ownership, and courts almost never invalidate those regulations.  

The Third and Ninth Amendments are almost never relevant to a case. The Seventh Amendment, is often used but rarely discussed: it establishes a right to a jury trial in most cases, which is a fundamental right almost unique to the United States (95% of the jury trials in the world occur in the United States).  But the right is clear and there is not much to discuss about it, so lawyers do not spend much time litigating about the meaning of the Seventh Amendment.

The Third and Ninth Amendments are almost never relevant to a case. The Seventh Amendment is often used but rarely discussed: it establishes a right to a jury trial in most cases, which is a fundamental right almost unique to the United States (95% of the jury trials in the world occur in the United States).  This right is clear and there is not much to discuss about it, so lawyers rarely need to litigate about the meaning of the Seventh Amendment.

But many thousands of cases each year do depend on legal arguments about the meaning and scope of the First and Fourth Amendments.  The First Amendment protects freedom of speech, which is probably the most important right in all of the Constitution.  it is unique to the United States; England does have a constitutional right to freedom of speech, even today.  Each year the U.S. Supreme Court accepts several cases relating to freedom of speech, and it is a popular issue in lower courts.   

But many thousands of cases each year do depend on legal arguments about the meaning and scope of the First and Fourth Amendments.  The First Amendment protects freedom of speech, which is probably the most important right in all of the Constitution.  It is unique to the United States; England does not have a constitutional right to freedom of speech, even today.  Each year the U.S. Supreme Court accepts several cases relating to freedom of speech, and it is a popular issue in lower courts.   

=== First Amendment ===

=== First Amendment ===

The First Amendment does not mean that anyone can say anything he wants at any time.  Some speech, such as threatening someone or yelling "fire" in a crowded theater, are not protected by the First Amendment.  On the other side of the coin, movies and now video games are often protected as "free speech."

The Free Speech Clause in the First Amendment does not mean that anyone can say anything he wants at any time.  Some speech, such as threatening someone or falsely yelling "fire" in a crowded theater (thereby creating a dangerous panic), is not protected by the First Amendment.  On the other side of the coin, movies and now video games are mostly protected as "free speech."

Courts have been expanding the scope of the First Amendment for 200 years.

Courts have been expanding the scope of the Free Speech Clause in the First Amendment for 200 years.

==== The Establishment Clause ====

==== The Establishment Clause ====

:Congress shall make no law respecting an establishment of religion ....

:Congress shall make no law respecting an establishment of religion ....

Liberals insist that requires prohibiting classroom prayer, crosses on public property, a national day of prayer, the posting of the Ten Commandments, and other expressions of religion in public life.  Conservatives reject that view, and says it merely prohibits the federal government from establishing and funding a particular religion.

Liberals insist that requires prohibiting classroom prayer, crosses on public property, a national day of prayer, the posting of the Ten Commandments, and other expressions of religion in public life.  Conservatives reject that view, and observe that the Establishment Clause merely prohibits the federal government from establishing and funding a particular religion.

Notice that there is statement about a "wall of separation between church and state" anywhere in the Constitution.  That phrase was taken from a letter Thomas Jefferson wrote later, after the Constitution and Bill of Rights were adopted, to a small group of Baptists who were unusually opposed to any cooperation between churches and government.  Jefferson was not even at the Constitutional Convention or involved in the drafting of the Bill of Rights, and the misuse of his letter illustrates the defects in going beyond the text of a law to interpret it.

Notice that there is no statement about a "wall of separation between church and state" anywhere in the Constitution.  That phrase was taken from a letter Thomas Jefferson wrote later, after the Constitution and Bill of Rights were adopted, to a small group of Baptists who were unusually opposed to any cooperation between churches and government.  Jefferson was not even at the Constitutional Convention or involved in the drafting of the Bill of Rights, and the misuse of his letter illustrates the defects in going beyond the text of a law to interpret it.

=== Fourth Amendment ===

=== Fourth Amendment ===