United States Bill of Rights in the context of "Freedom of religion in the United States"

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⭐ Core Definition: United States Bill of Rights

The United States Bill of Rights comprises the first ten amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists. The amendments of the Bill of Rights add to the Constitution specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, to assemble, and other natural and legal rights. Its clear limitations on the government's power in judicial and other proceedings include explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215).

Largely because of the efforts of Representative James Madison, who studied the deficiencies of the Constitution pointed out by Anti-Federalists and then crafted a series of corrective proposals, Congress approved twelve articles of amendment on September 25, 1789, and submitted them to the states for ratification. Contrary to Madison's proposal that the proposed amendments be incorporated into the main body of the Constitution (at the relevant articles and sections of the document), they were proposed as supplemental additions (codicils) to it. Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution. Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment. Article One is still pending before the states.

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United States Bill of Rights in the context of Freedom of association

Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests.

Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights.

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United States Bill of Rights in the context of First Amendment to the Constitution of the United States

The First Amendment (Amendment I) to the United States Constitution prevents Congress from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. In the original draft of the Bill of Rights, what is now the First Amendment occupied third place. The first two articles were not ratified by the states, so the article on disestablishment and free speech ended up being first.

The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. The First Amendment applies only to state actors.

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United States Bill of Rights in the context of James Madison

James Madison (March 16, 1751 [O.S. March 5, 1750] – June 28, 1836) was an American statesman, diplomat, and Founding Father who served as the fourth president of the United States from 1809 to 1817. Madison was popularly acclaimed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights.

Madison was born into a prominent slave-owning planter family in Virginia. In 1774, strongly opposed to British taxation, Madison joined with the Patriots. He was a member of both the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Dissatisfied with the weak national government established by the Articles of Confederation, he helped organize the Constitutional Convention, which produced a new constitution designed to strengthen republican government against democratic assembly. Madison's Virginia Plan was the basis for the convention's deliberations. He became one of the leaders in the movement to ratify the Constitution and joined Alexander Hamilton and John Jay in writing The Federalist Papers, a series of pro-ratification essays that remain prominent among works of political science in American history.

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United States Bill of Rights in the context of Supremacy Clause

The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution. It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a statute for violating a provision of the Constitution.

The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law. Some jurists further argue that the clause also nullifies federal law that is in conflict with the Constitution, although this is disputed. The Supremacy Clause follows Article XIII of the Articles of Confederation, the predecessor of the Constitution, which provided that "Every State shall abide by the determination of the [Congress], on all questions which by this confederation are submitted to them."

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United States Bill of Rights in the context of State constitution (United States)

In the United States of America, each state has its own written constitution. The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law.

The Tenth Amendment to the United States Constitution (part of the Bill of Rights) provides that "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." The Guarantee Clause of Article 4 of the Constitution states that "The United States shall guarantee to every State in this Union a Republican Form of Government." These two provisions indicate states did not surrender their wide latitude to adopt a constitution, the fundamental documents of state law, when the U.S. Constitution was adopted.

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United States Bill of Rights in the context of Republicanism in the United States

The values and ideals of republicanism are foundational in the constitution and history of the United States. As the United States constitution prohibits granting titles of nobility, republicanism in this context does not refer to a political movement to abolish such a social class, as it does in countries such as the United Kingdom, Australia, and the Netherlands. Instead, it refers to the core values that citizenry in a republic have, or ought to have.

Political scientists and historians have described these central values as liberty and inalienable individual rights; recognizing the sovereignty of the people as the source of all authority in law; rejecting monarchy, aristocracy, and hereditary political power; virtue and faithfulness in the performance of civic duties; and vilification of corruption. These values are based on those of Ancient Greco-Roman, Renaissance, and English models and ideas. Articulated in the writings of the Founding Fathers (particularly Thomas Jefferson, James Madison, and John Adams), they formed the intellectual basis for the American Revolution – the Declaration of Independence (1776), the Constitution (1787), and the Bill of Rights (1791), as well as the Gettysburg Address (1863).

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United States Bill of Rights in the context of Tenth Amendment to the United States Constitution

The Tenth Amendment (Amendment X) to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, whereby the federal government and the individual states share power, by mutual agreement. The Tenth Amendment prescribes that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state, or to the people.

The amendment, with origins before the American Revolution, was proposed by the 1st United States Congress in 1789 during its first term following the adoption of the Constitution. It was considered by many members as a prerequisite before they would ratify the Constitution, and particularly to satisfy demands of Anti-Federalists, who opposed the creation of a stronger federal government.

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United States Bill of Rights in the context of Jones–Shafroth Act

The Jones–Shafroth Act (Pub. L. 64–368, 39 Stat. 951, enacted March 2, 1917), officially called the Organic Act of Puerto Rico or the Puerto Rico Federal Relations Act of 1917, is an organic act of the 64th United States Congress that was signed into law by President Woodrow Wilson on March 2, 1917. The Act expanded the civil administration of the insular government of Puerto Rico, which was established under the federal jurisdiction of the United States as the local governance of an unincorporated territory through the Foraker Act of 1900. It served as the primary organic law for the government of Puerto Rico and its relation with the United States until it was superseded by the Constitution of Puerto Rico in 1952 as per the Puerto Rico Federal Relations Act of 1950 and its Pub. L. 82–447 joint resolution.

Bearing the names of its sponsors, Representative William Atkinson Jones, (D-Virginia), chairman of the House Committee on Insular Affairs, and Senator John Shafroth, (D-Colorado), chairman of the Committee on Pacific Islands and Puerto Rico, the Jones–Shafroth Act, which operated as a de facto constitution, established a bill of rights based on the United States Bill of Rights and granted statutory birthright United States citizenship to anyone born in the archipelago and island on or after April 11, 1899.

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