The
founding fathers who wrote the U.S Constitution wanted to prevent conflict
between religious groups, those conflict were common during colonization times
in the new world and in Europe. They decided that the best way to avoid
conflict was to completely separate the government affairs from religious
affairs. This principle was call Separation
of Church and State.
The
first amendment states that religious belief are a personal matter, and the
government may not interfere with people’s private beliefs.
Amendment
I
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
This
means the government cannot force anyone to follow a religious belief, not the
government can support a specific religion. In the sixth article of the
constitution says: "no religious
Test shall ever be required as a Qualification to any Office or public Trust
under the United States". Therefore no religious practices, nor
religious symbols are permitted on government property, such as courts and
public schools.
The
guidelines seem to be simple but there might be some cases in which there is
conflict between religious practices, the first amendment and legal situations
for example:
In a
public courtroom, a judge displays the Ten Commandments, a religious document
that is important in Christian and Jewish faiths.
A
Christian prayer is said before a football game a public school.
A
Muslim woman covers her head and face in her driving license photograph. It is
hard to identify her in the photograph.
A
man’s religion allows him to have more than one wife, which is against the law.
Parents
from a religious group that prohibits certain medical treatments will not allow
surgery for their child even though it could save the child’s life.
A
Native American religious ceremony requires participants to eat a local plant,
which contains an illegal drug.
A
public school provides a separate room and time for Muslim students to pray
during the holy month of Ramada.
Some
religious groups prohibit their member from fighting in wars. Their members
refuse to serve in the military.
Freedom
of expression has gained different meanings, it doesn’t limit itself to just
what people say, but also what they write and do. We are about to analyze it
little by little.
Freedom
of religion: the first amendment prevents the government from setting up or
establishing an official religion of the country. American citizens are free to
attend any congregation they please. They can also choose not to go to any of
the congregations, as well. Freedom of speech: it stops the government to
repress what people say, feel, or think. People have the right to speak up,
share their opinions, and criticize the government.
Freedom
of the press: it means people have to right to get information from many
sources. The government does not control what it is shown on TV, what is said
on the radio, what is printed in books or newspapers, nor what is offered
online. People can request time on TV, send letters to newspapers to be
printed, also pass out leaflets stating their opinions, or post it on the
internet. Freedom of Assembly: people can get together in private and public
gatherings. And they can join different groups for religion, social,
recreational, or political reasons. The right to petition: American citizens
can ask the government to make adjustments or changes in the government. They
can do it by collecting signatures and sending them to the representatives.
That way they can lobby the government.
The Bill of Rights were the first 10 amendments that were included 3 years later the constitution had been ratified.
Below you can find a transcription of the bill or rights and a short explanation for each of the amendments.
The
Preamble to the Bill of Rights
Congress of the United States begun and held at the
City of New-York, on Wednesday the fourth of March, one thousand seven hundred
and eighty nine.
THE Conventions of a number of the States, having at
the time of their adopting the Constitution, expressed a desire, in order to
prevent misconstruction or abuse of its powers, that further declaratory and
restrictive clauses should be added: And as extending the ground of public
confidence in the Government, will best ensure the beneficent ends of its
institution.
RESOLVED by the Senate and House of Representatives of
the United States of America, in Congress assembled, two thirds of both Houses
concurring, that the following Articles be proposed to the Legislatures of the
several States, as amendments to the Constitution of the United States, all, or
any of which Articles, when ratified by three fourths of the said Legislatures,
to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the
Constitution of the United States of America, proposed by Congress, and
ratified by the Legislatures of the several States, pursuant to the fifth
Article of the original Constitution.
Note: The following text is a transcription of the first ten amendments
to the Constitution in their original form. These amendments were ratified
December 15, 1791, and form what is known as the "Bill of Rights."
And the script in cursive is a short explanation of each amendment.
AMENDMENT I
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.
Government can neither impose a state religion upon
you nor punish you for exercising the religion of your choice. You may express your
opinions, write and publish what you wish, gather peacefully with others, and
formally ask government to correct injustices.
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.
Individuals ("the people") have the right to
own and use weapons without interference from the government.
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.
The government cannot force you to house its agents.
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.
You may not be arrested or "detained"
arbitrarily. No agency of government may inspect or seize your property or
possessions without first obtaining a warrant. To obtain a warrant, they must
show specific cause for the search or seizure and swear under oath that they
are telling the truth about these reasons. Furthermore, the warrant itself must
state specifically and in detail the place, things, or people it covers.
Warrants that are too general or vague are not valid; searches or seizures that
exceed the terms of the warrant are not valid.
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 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.
No one outside the military may be tried for a serious
crime without first being indicted by a grand jury (of citizens). Once found
not guilty, a person may not be tried again for the same deed. You can't be
forced to be a witness or provide evidence against yourself in a criminal case.
You can't be sent to prison or have your assets seized without due process. The
government can't take your property without paying market value for it.
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.
Trials cannot be unreasonably postponed or held in
secret. In any criminal case against you, you have a right to public trial by a
jury of unbiased citizens (thus ensuring that the state can't use a
"party-line" judge to railroad you). The trial must be held in the
state or region where the crime was committed. You cannot be held without
charges. You cannot be held on charges that are kept secret from you. You have
a right to know who is making accusations against you and to confront those
witnesses in court. You have the right to subpoena witnesses to testify in your
favor and a right to the services of an attorney
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 re-examined in any Court of the
United States, than according to the rules of the common law.
The right to trial by jury extends to civil, as well
as criminal, cases. Once a jury has made its decision, no court can overturn or
otherwise change that decision except via accepted legal processes (for
instance, granting of a new trial when an appeals court determines that your
rights were violated in the original proceeding).
AMENDMENT VIII
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Bail, fines, and punishments must all fit the crime
and punishments must not be designed for cruelty
AMENDMENT IX
The enumeration in the Constitution, of certain
rights, shall not be construed to deny or disparage others retained by the
people.
You have more rights than are specifically listed in
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.
The U.S. federal government has only those specific
powers granted to it by the Constitution. All other powers belong either to the
states or to individuals.
The Ninth and Tenth Amendments, taken together, mean that
the federal government has only the authority granted to it, while the people
are presumed to have any right or power not specifically forbidden to them. The
Bill of Rights as a whole is dedicated to describing certain key rights of the
people that the government is categorically forbidden to remove, abridge, or
infringe. The Bill of Rights clearly places the people in charge of their own
lives, and the government within strict limits - the very opposite of the
situation we have allowed to develop today.
It is also known as the war for independence. The first 13 British
colonies in America were ruled by the king of Great Britain. The colonist were
not happy about how the government managed the colonies. They were very
discontent, mostly with all the taxes the king was imposing on them.
Why was the king charging so many taxes? Well, Great Britain was at war with the French who were also immigrating
to north America, and had acquired a huge debt to fight the war, after the war
was over, the king of Great Britain expected the colonist to help to pay the
debt of the kingdom. The colonist did not agree. So the king started to create
other taxes with the purpose to raise income from the colonies with taxes such
as the Sugar Act, which was a tax on
sugar and molasses, Stamp Act,
printed material, all legal documents and even playing cards required a stamp, Tea Act, which was a tax on tea.
Every action had a reaction, the colonist started a riot at a port in
Boston, and in that riot, British Soldier shot some colonist, not many people
died, but it upset the colonist very much. After that, a group of rebels called
the sons of liberty planned a boycott, and they went up in a ship that was
arriving to the Boston port, and threw all the tea that the boat was carrying on
the ocean, the value of the tea surpassed $1,000,000 dollars. This boycott was
better known as the Boston Tea Party.
Losing a million dollars plus the taxes that could have been collected,
the king was very mad, and he created a legislation that was the intolerable Acts, that were created
to punish Massachusetts colonist for destroying the tea. This act consisted on
closing the Harbor, forbidding town meetings and others.
All of these events
led the colonist to create a continental congress, which purpose was to appeal
the king, the king turned down all the colonists’ requests and there was no
other choice, but to start a war for independence. The colonies officially
decided to separate from Great Britain and become a country. This war lasted 8
years, and by July of 1776 revolutionaries were in control of all thirteen colonies.
Independence was declared and ratified on July 4, 1776.
The
first English colonies in North America were along the eastern coast.
Why did people decide to
settle in the new world?
Some Englishmen came for
religious freedom from the Church of English.
They wanted land and wealth
that they couldn’t have in England.
They wanted freedom from
the King’s rule.
They wanted a new beginning
They wanted adventure.
They wanted gold and
riches.
Self-rule
By 1735 there were over 6
million English men women and children looking o the 13 English Colonies here
in North America for a new beginning.
The
people who came from England to the new colonies in America, were looking for
different things, but they were not prepared for the difficulties they would
face once they landed in the new world.
Diseases:
such as yellow fever, smallpox, malaria, Typhoid and dysentery. All of these
diseases were deathly to the settlers, not many of them survived because they
didn’t have the immunological defenses.
Second,
the harsh weather that hits the east
coast of the United States. They didn’t have any kind of protection. They were
there trying to build their houses, but it was not enough.
Food:
The new English settlers didn’t have the skills to grow crops in the sandy soil
of the east coast.
Many settlers die, and many other survived. The first Colony was Jamestown (it later became Virginia) and as more people arrive to America more colonies were founded. They were divided into 3 sections: New England Colonies, Middle Colonies and Southern Colonies.
Watch the video to check out the characteristics each colony had...
In the chart below, you can see a summary of the characteristics of the first 13 colonies.
In a
public courtroom, a judge displays the Ten Commandments, a religious document
that is important in Christian and Jewish faiths.
