Does the Bill of Rights apply to all people?
Asked by: Prof. Kennedy Graham | Last update: November 6, 2025Score: 4.2/5 (22 votes)
The Bill of Rights seemed to be written in broad language that excluded no one, but in fact, it was not intended to protect all the people - whole groups were left out.
Does the Bill of Rights apply to all citizens?
Nowhere in the first 10 amendments to the Constitution is the word “citizen.” Often it is written “The right of the people…” The Bill of Rights protects everyone, including undocumented immigrants, to exercise free speech, religion, assembly, and to be free from unlawful government interference.
Who is excluded from the Bill of Rights?
For example, slaves were not considered citizens and therefore did not have the rights and protections outlined in the Bill of Rights. Similarly, women were also excluded from many of the rights and protections afforded by the Bill of Rights, such as the right to vote.
Who applies the Bill of Rights?
Since the early 20th century both federal and state courts have used the Fourteenth Amendment to apply portions of the Bill of Rights to state and local governments. The process is known as incorporation.
Does the Bill of Rights protect everyone, yes or no?
The Bill of Rights doesn't protect everyone. It is naive to say it that way. The Bill of Rights lists a few rather general personal rights that Congress “shall not” infringe. The Bill of Rights says nothing about local police infringing those things, or the states, or individual property owners.
A 3-minute guide to the Bill of Rights - Belinda Stutzman
Why does the Bill of Rights not protect everyone?
Despite its seemingly inclusive wording, the Bill of Rights did not apply to all Americans—and it wouldn't for more than 130 years. At the time of its ratification, the “people” referenced in the amendments were understood to be land-owning white men only.
Are all non citizens protected under the Bill of Rights?
Yes, immigrants are protected by the U.S. Constitution. The brief answer is “Yes.” When it comes to key constitutional provisions like due process and equal treatment under the law, the U.S. Constitution applies to all persons – which includes both documented and undocumented immigrants – and not just U.S. citizens.
Can the bill of rights be changed?
Of course, the Constitution wasn't perfect. It has been amended 27 times, including the Bill of Rights. But every amendment should be a change that brings the document more – not less – in line with our founding principles of individual liberty, personal responsibility and limited government.
Which right isn't guaranteed in the First Amendment?
Incitement to Imminent Lawless Action
The First Amendment does not protect speech that incites people to break the law, including to commit acts of violence.
What are the 10 bills of Rights in order?
- Amendment I. Freedoms, Petitions, Assembly. ...
- Amendment II. Right to bear arms. ...
- Amendment III. Quartering of soldiers. ...
- Amendment IV. Search and arrest. ...
- Amendment V. Rights in criminal cases. ...
- Amendment VI. Right to a fair trial. ...
- Amendment VII. Rights in civil cases. ...
- Amendment VIII. Bail, fines, punishment.
What are the two rejected amendments?
We also know that the First and Second Amendments of the original 12 amendments were not officially ratified. Nine of fourteen states voted in favor of the original First Amendment: Delaware and Pennsylvania voted “no.” Two more votes were needed for passage if we follow the 11/14 requirement.
Who is bound by the Bill of Rights?
(1) The Bill of Rights applies to all law, and binds the legislature, the executive, the judiciary and all organs of state.
What is the 14th Amendment word for word?
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What First Amendment doesn't protect?
Only that expression that is shown to belong to a few narrow categories of speech is not protected by the First Amendment. The categories of unprotected speech include obscenity, child pornography, defamatory speech, false advertising, true threats, and fighting words.
Do all rights not addressed in the Bill of Rights still belong to the people?
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Do constitutional rights apply to everyone?
The Constitution Applies to All Americans, No Matter What They Are Accused Of.
Is hate speech illegal in the US?
(The Supreme Court's decision in Snyder v. Phelps provides an example of this legal reasoning.) Under current First Amendment jurisprudence, hate speech can only be criminalized when it directly incites imminent criminal activity or consists of specific threats of violence targeted against a person or group.
Is profanity protected by the First Amendment?
The Court has held that unless “fighting words” are involved, profane language has First Amendment protection. Chaplinsky v. New Hampshire, 315 U.S. 568 (1942). The concern with First Amendment protection for the use of profanity is particularly pronounced for political speech.
Does banning books violate the First Amendment?
Where an author's book is banned from a school library, the reader's right to freedom of speech is censored with it, interfering with the ability of school libraries to serve as the “marketplace of ideas” in education.
Can the Bill of Rights be violated?
If you believe someone is violating the Billl of Rights, that means they are violating the Constitution, and you can take that to federal court, where (if lower federal courts rulings remain contested) ultimately the Supreme Court rules whether it does or not.
When was the last time the Bill of Rights was changed?
The ratified Articles (Articles 3–12) constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights. In 1992, 203 years after it was proposed, Article 2 was ratified as the 27th Amendment to the Constitution. Article 1 was never ratified.
Can states override the Bill of Rights?
It is settled that states cannot nullify federal laws—though constitutional amendments giving them such power have been proposed. In other areas of law, though, the struggle persists.
Who does the Bill of Rights not apply to?
In the 1833 case of Barron v. Baltimore, the Supreme Court of the United States held that the Bill of Rights did not apply to state governments; such protections were instead provided by the constitutions of each state.
Do illegal immigrants have any rights?
Regardless of immigration status, individuals in the U.S. have the right to due process (Fifth Amendment) and equal protection under the law (Fourteenth Amendment) and as outlined in the Constitution, Clearwater Law Group experts said.
How long can immigration hold you in jail?
If ICE does not assume custody after 48 hours, the LEA is required to release the individual. The LEA may not lawfully hold an individual beyond the 48-hour period.