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.
BRI Resources
What is the Significance of the Free Exercise Clause?
How has Speech Been Both Limited and Expanded, and How Does it Apply to You and Your School?
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.
BRI Resources
What are the Origins and Interpretations of the Right to Keep and Bear Arms?
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.
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.
BRI Resources
Liberty and Security in Modern Times
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.
BRI Resources
How Does the Fifth Amendment Protect Property?
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 defense.
BRI Resources
Gideon v. Wainwright
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.
BRI Resources
Due Process of Law
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
BRI Resources
How Do Due Process Protections for the Accused Protect Us All?
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
BRI Resources
What is the Scope of the Bill of Rights?
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.
BRI Resources
State and Local Governments
Primary Source by James Madison, George Mason (1791)
The first 10 amendments to the Constitution make up the Bill of Rights. James Madison wrote the amendments, which list specific prohibitions on governmental power, in response to calls from several states for greater constitutional protection for individual liberties. For example, the Founders saw the ability to speak and worship freely as a natural right protected by the First Amendment. Congress is prohibited from making laws establishing religion or abridging freedom of speech. The Fourth Amendment safeguards citizens’ right to be free from unreasonable government intrusion in their homes through the requirement of a warrant.
The Bill of Rights was strongly influenced by the Virginia Declaration of Rights, written by George Mason. Other precursors include English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties.
One of the many points of contention between Federalists, who advocated a strong national government, and Anti-Federalists, who wanted power to remain with state and local governments, was the Constitution’s lack of a bill of rights that would place specific limits on government power. Federalists argued that the Constitution did not need a bill of rights, because the people and the states kept any powers not given to the federal government. Anti-Federalists held that a bill of rights was necessary to safeguard individual liberty.
Madison, then a member of the U.S. House of Representatives, altered the Constitution’s text where he thought appropriate. However, several representatives, led by Roger Sherman, objected, saying that Congress had no authority to change the wording of the Constitution. Therefore, Madison’s changes were presented as a list of amendments that would follow Article VII.
The House approved 17 amendments. Of these, the Senate approved 12, which were sent to the states for approval in August 1789. Ten amendments were approved (or ratified). Virginia’s legislature was the final state legislature to ratify the amendments, approving them on December 15, 1791.
The name Federalists was adopted both by the supporters of ratification of the U.S. Constitution and by members of one of the nation’s first two political parties. Alexander Hamilton was an influential Federalist who wrote many of the essays in The Federalist, published in 1788. These articles advocated the ratification of the Constitution. Later, those who supported Hamilton’s aggressive fiscal policies formed the Federalist Party, which grew to support a strong national government, an expansive interpretation of congressional powers under the Constitution through the elastic clause, and a more mercantile economy. (Image via Wikimedia Commons, painted by John Trumbull circa 1805, public domain)
The name Federalists was adopted both by the supporters of ratification of the U.S. Constitution and by members of one of the nation’s first two political parties.
Federalists battled for adoption of the Constitution
In the clash in 1788 over ratification of the Constitution by nine or more state conventions, Federalist supporters battled for a strong union and the adoption of the Constitution, and Anti-Federalists fought against the creation of a stronger national government and sought to leave the Articles of Confederation, the predecessor of the Constitution, intact.
The Federalists included big property owners in the North, conservative small farmers and businessmen, wealthy merchants, clergymen, judges, lawyers, and professionals. They favored weaker state governments, a strong centralized government, the indirect election of government officials, longer term limits for officeholders, and representative, rather than direct, democracy.
Federalists published the Federalist papers in New York City newspapers
Faced with forceful Anti-Federalist opposition to a strong national government, the Federalists published a series of 85 articles in New York City newspapers in which they advocated ratification of the Constitution. A compilation of these articles written by James Madison, Alexander Hamilton, and John Jay (under the pseudonym Publius), were published as The Federalist in 1788.
Through these papers and other writings, the Federalists successfully articulated their position in favor of adoption of the Constitution.
(Image via the White House Historical Association, painted by John Vanderlyn in 1816, public domain)
Federalists argued for counterbalancing branches of government
In light of charges that the Constitution created a strong national government, they were able to argue that the separation of powers among the three branches of government protected the rights of the people. Because the three branches were equal, none could assume control over the other.
When challenged over the lack of individual liberties, the Federalists argued that the Constitution did not include a bill of rights because the new Constitution did not vest in the new government the authority to suppress individual liberties.
The Federalists further argued that because it would be impossible to list all the rights afforded to Americans, it would be best to list none.
In the end, however, to ensure adoption of the Constitution, the Federalists promised to add amendments specifically protecting individual liberties (Federalists such as James Madison ultimately agreed to support a bill of rights largely to head off the possibility of a second convention that might undo the work of the first).
Federalists compromised and adopted the Bill of Rights
Thus upon ratification of the Constitution, Madison introduced 12 amendments during the First Congress in 1789. States ratified 10 of these amendments, now designated as the Bill of Rights, in 1791. The first of these amendments contains guarantees of freedom of religion, speech, press, peaceable assembly, and petition and has also been interpreted to protect the right of association.
(Image via the U.S. Navy, painted by Asher Brown Durand between 1735 and 1826, public domain)
Federalist Party emerged to support Alexander Hamilton's policies
Although the Bill of Rights enabled Federalists and Anti-Federalists to reach a compromise that led to the adoption of the Constitution, this harmony did not extend into the presidency of George Washington; political divisions within the cabinet of the newly created government emerged in 1792 over national fiscal policy, splitting those who previously supported the Constitution into rival groups, some of whom allied with former Anti-Federalists.
Those who supported Alexander Hamilton’s aggressive fiscal policies formed the Federalist Party, which later grew to support a strong national government, an expansive interpretation of congressional powers under the Constitution through the elastic clause, and a more mercantile economy.
Their Democratic-Republican opponents, led by Thomas Jefferson and James Madison, tended to emphasize states’ rights and agrarianism. In 1798, during the administration of John Adams, the Federalists attempted to squelch dissent by adopting the Sedition Act, which restricted freedom of speech and the press, but opposition to this law helped Democratic-Republicans gain victory in the elections of 1800.
Federalist Party ended in 1816
Although the Federalist Party was strong in New England and the Northeast, it was left without a strong leader after the death of Alexander Hamilton and retirement of John Adams. Its increasingly aristocratic tendencies and its opposition to the War of 1812 helped to fuel its demise in 1816.
This article was originally published in 2009. Mitzi Ramos is an Instructor of Political Science at Northeastern Illinois University.
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Sweezy v. New Hampshire (1957) stands as the first U.S. Supreme Court case to expound upon the concept of academic freedom though some earlier cases mention it.
Most constitutional academic freedom issues today revolve around professors’ speech, students’ speech, faculty’s relations to government speech, and using affirmative action in student admissions.
Although academic freedom is regularly invoked as a constitutional right under the First Amendment, the Court has never specifically enumerated it as one, and judicial opinions have not developed a consistent interpretation of constitutional academic freedom or pronounced a consistent framework to analyze such claims.