Which Amendment of the Bill of Rights do you believe does the most to preserve our Liberties?

2014-11-08T21:25:55-05:00

Amendment 1
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.

Amendment 2
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.

Amendment 3
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 4
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.

Amendment 5
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.

Amendment 6
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.

Amendment 7
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.

Amendment 8
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment 9
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment 10
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.

Response by Capt Richard I P. made Nov 19 at 2014 11:04 AM

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SSG Gerhard S. and SGT Jinger Jarrett Have put it well. The 2nd is definitely the teeth of the others. And the very people who are best equipped and trained to provide a part of these teeth are the ones most muzzled and restricted by law. Join us in pushing for the restoration of rights. Arm the Armed Forces!
https://www.rallypoint.com/answers/arm-the-armed-forces

Arm the Armed Forces! | RallyPoint

The outcome of the discussion "Concealed carry for CAC holders?" by [~222148:SGT Bernard Boyer III]. Below follows my skeleton letter to congress, based on the edits RP members have suggested to the 10 points. Anyone and everyone is welcome to edit and personalize the letter for their own use in writing to their congressional representatives. We sent a mass email on 3 January, the swearing in of the new congress, now it's a free for all. You...

Response by SSG John Erny made Nov 19 at 2014 11:05 AM

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Amendment 2
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.

Response by SPC David S. made Nov 19 at 2014 12:19 PM

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2 as it gives direction if the others are not upheld.

Response by CSM David Heidke made Nov 19 at 2014 12:20 PM

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Just a point of contention. These are not the amendments to the bill of rights. These are the Bill of Rights.

That being said, I think that they should be taken as a whole rather than the sum of their parts.

These Amendments to the Constitution were considered the most important to the founding fathers. Important enough to the the first. And it set up the idea that the document can be changed.

In my humble opinion, they all stand to support the others. These amendments should be defended in total, because if one falls, the others will be soon to follow.

Response by SFC Pete Meyer made Nov 19 at 2014 1:07 PM

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The 2nd... That is the sole purpose for it...

Response by SSG Gerhard S. made Nov 19 at 2014 5:52 PM

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Somewhere along the line our Federal government went from the idea that ANY powers NOT specifically granted it by the Constitution belonged to the States..... TO the idea that it can do whatever it wants up until someone has the money, guts, and political will to stop them.

Response by SGT Artiesa Woods made Nov 20 at 2014 12:53 AM

2014-11-20T00:53:03-05:00

I think a lot of us forget, or just don't know, that these Amendments at one point only applied federally. That is until the passage of the Fourteenth Amendment. It seems ridiculous really since they weren't even originally included in the Constitution because they were implied as the government wasn't expressly given the authority to limit these rights.

Response by TSgt Private RallyPoint Member made Nov 20 at 2014 8:34 AM

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the 2nd

Response by COL Jean (John) F. B. made Nov 20 at 2014 10:32 AM

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The Bill of Rights come as a package deal. They are inseparable. Rank ordering them is a pretty useless drill, in my opinion, but, if I had to, I guess I would have to say #2, as it gives us the power to ensure they are all adhered to by our government, if necessary.

Response by SGT Kevin Gardner made Nov 20 at 2014 1:35 PM

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The second, because it preserves all others

Response by SFC Private RallyPoint Member made Nov 20 at 2014 5:57 PM

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The 10th. It is the amendment that checks the power of the Federal Government. Without it, we might have devolved into something a little closer to a dictatorship.

Response by CW3 Private RallyPoint Member made Nov 20 at 2014 9:33 PM

2014-11-20T21:33:43-05:00

This is why I hate discussions like this. Those that support the ACLU will ignore the 2nd in favor of the 1st, and those that support the NRA will ignore the 1st in favor of the 2nd.

Not only are all 10 important, but I think in a federal republic, the 14th is the 2nd most important. (Full faith and credit). I think the 13th is the most important...but then again my viewpoint on that is a little biased, since many of my ancestors *were* slaves.

Response by SSG Private RallyPoint Member made Nov 20 at 2014 11:03 PM

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2, 10, 9, 1, and then the rest.

Response by SSG Private RallyPoint Member made Nov 20 at 2014 11:56 PM

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2nd. As everyone has already said...if that one goes it's going to be like Jenga with all the rest.

Response by LCpl Christopher Hill made Nov 24 at 2014 12:03 PM

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I would say all of them are equally important. The ideas / rights embodied in the Bill of Rights were unheard of at the time they were written. It says who we are and where we came from.

Response by 1LT Private RallyPoint Member made Dec 22 at 2014 1:12 PM

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SSG Gerhard S.. The 19th Amendment . . . giving women the right to vote!!! Warmest Regards, Sandy

Response by SPC Private RallyPoint Member made Dec 22 at 2014 1:19 PM

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I believe the 2nd Amendment protects all of the others. Once the people are stripped of their right to protect themselves from a controlling government it will begin to be a domino affect with our other equally important rights.

Response by COL Private RallyPoint Member made Dec 22 at 2014 2:17 PM

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None of the above. Article 1, Section 8, paragraph 11. 'To raise and support Armies, but no Appropriation of Money to that Use shall be fore longer Term than two Years.'

Response by LTC Private RallyPoint Member made Dec 22 at 2014 5:27 PM

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SSG Gerhard S., I'm going to break with the trend of naming the Second Amendment, which is not absolute, to the top spot, and instead name the Seventh and Fifth Amendments. These two preserve the real power of a civil society to seek justice and remuneration for harm.

The Second Amendment is important to me, but its elusive meaning has too often been misconstrued to support self-help justice. Justice is not done by one's own hand, but through the courts, and the Seventh and Fifth Amendments ensure that, in most cases, the State will not solely decide the guilt or innocence, or liability of the accused.

EDIT: Embarrassingly, I somehow left out the Fourteenth Amendment (although it isn't in the Bill or Rights). Luckily I read SGT Artiesa Woods's response. Without the Fourteenth Amendment, at State level, there is no right to a jury, or freedom from inhumane punishment, or guarantee against unlawful searches.

Response by LTC Paul Heinlein made Dec 23 at 2014 8:06 PM

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2nd Amendment

Response by 1SG Frank Boynton made Dec 23 at 2014 8:55 PM

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Do any of you prior, current or future military seriously doubt the importance of the 2nd amendment. By far without that amendment no other amendment would stand the test of time. We see in our current history that politicians are trying to rewrite parts of the Constitution. From Senators, to the President to the Supreme Court. When they have become so corrupt as to deny us our God given rights as affirmed in the Constitution and the Bill of Rights, the only thing that will save the day is the 2nd Amendment. Why do you think so many politicians want to destroy the 2nd. It's what they are most afraid of, and what they fear more than the 2nd is all the old soldiers because we took the oath to defend it. That oath doesn't end when you ETS, or Retire, you live it your entire life. American's have an obligation to remove a tyrannical government, yes by force if necessary for the good of the country. If you think you can dispose a dictator with words, well look at Cuba, look at North Korea, look at China.

Response by SFC (CA) Roland Dell made Dec 24 at 2014 11:27 AM

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The first; freedom of expression. The rest help protect this one.

Response by CPT Jack Durish made Dec 24 at 2014 12:22 PM

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It's unfortunate that the question that inspired this discussion thread did not include a poll. It seems it would have been appropriate to graphically express the results. However, it seems obvious that most fall on the side of the 2nd Amendment with the opinion that all are equally important following at a distant second in the poll. There are exceptions here and there.

It is very fortunate that the aforementioned question was worded accurately: "Which Amendment...preserves our rights." Well, almost accurately. At least SSG Seidel didn't make the mistake of asking "...grants our Liberties?" As we all know, our rights and liberties are God-given. The Bill of Rights only serve to remind Congress to not infringe on them.

Neither the Constitution nor the Bill of Rights grants our rights and liberties or preserves them. We the People do, and we've been doing a very poor job of it, haven't we?
Sadly, Congress as well as the other branches of government are infringing on them. They have chosen to misinterpret the plain language of the Constitution. Whereas the Constitution was written to limit government, they have chosen to twist its meanings to create big government. And, we've allowed them to get away with it.

Ultimately, this is why I agree with the majority and identify the 2nd Amendment as the most important. When we finally decide to limit government once again and the government resists our attempts, we won't be able to exert our will with words, religion, the press, due process, or any of our other rights, will we?

Response by SFC William Hamilton made Dec 24 at 2014 12:23 PM

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The 2nd amendment insures that all the others remain in effect.

Response by Lt Col Private RallyPoint Member made Dec 25 at 2014 5:03 AM

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I'll throw the question the other way. Which amendment in the BOR facilitates a loss of liberty and freedom as it is currently interpreted by the SCOTUS?

To answer this question first a philosophical question. Plato stated any system of government that disenfranchises and even fails to acknowledge the voice or point of view of the minority is tyrannical.

So first would you agree with Plato? If the answer is no than read no further as it would no longer apply. If yes you agree with Plato then here is where I am getting at.

Major multi-billion dollar corporations are now considered a person as they relate to the constitution. With this in consideration the ability for a company to pump millions to a billion dollars to finance candidates is considered a function of that "Persons, i.e. company's" free speech.

With that uninterrupted freedom they now have more leveraging power to lobby law makers. What does this mean? This means that they can manipulate government to make laws that are beneficial to their interests while a hindrance to someone else's interests. These laws can be set to create excessive barriers to entry to a competing entity either directly with a similar product, or indirectly to a product that makes theirs irrelevant.

A little history. When electricity was discovered that it had properties to do work and replace other technologies such as the light bulb replacing oil lamps. The person who owned the company that supplied oil for lighting had a vested interest to see electricity fail. The light bulb in every house and business would mean that overnight you would no longer need to buy lamp oil.

Obviously the person who owned the lamp oil company failed and we have light. Luckily for oil company the car came real soon after it was refined into gas that we guzzle out of our tanks. So all was not lost for JR Rockefeller.

Now there are similar issues going on today such as net-neutrality. The telecom is fighting real hard to prevent this. If they eventually succeed they could prevent services such as Google fiber through their financial power and influence in congress. Now if that were to happen, then the 1st amendment as interpreted towards the freedoms of a corporation is successful, would this prevent the freedom of another company from exercising their rights in a free market?

If the individual is no longer relevant over the spending power of a major company, are we no longer truly a free society. Is 1st amendment as it applies to companies now being used as an instrument of tyrannical system?

Response by CPT Private RallyPoint Member made Jan 2 at 2015 11:30 PM

2015-01-02T23:30:04-05:00

2nd Amendment baby!

Response by SFC Jeff L. made Feb 9 at 2015 8:05 PM

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The one that does the most is the one they try the hardest to tear down and take from us. That'd be the Second Amendment IMO.

Response by PO3 Michael Pierotti made Apr 23 at 2015 3:55 PM

2015-04-23T15:55:03-04:00

That's easy. The 2nd.

"A Republic, Madam, if you can keep it" Benjamin Franklin

Response by SSG Private RallyPoint Member made Apr 23 at 2015 4:15 PM

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2nd Amendment virtually guarantees the rest of them.

Response by TSgt Private RallyPoint Member made Apr 23 at 2015 9:59 PM

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I honestly expected to see a lot of people saying that #2 was the most important, but I honestly think that's a load of horse crap - provided none of you happen to be keeping a select number of RPGs in your basements.

Honestly, it's the first amendment - the one that theoretically allows the free flow of ideas - that makes the rest possible.

Response by CDR Michael Goldschmidt made Jun 15 at 2015 8:39 PM

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None. The Amendments are just ink on paper. It's the people, who, ultimately, must defend their rights or lose them to those who would oppress them...and the line of people who'd like to do just that seems endless.

Response by SSG Private RallyPoint Member made Jun 15 at 2015 8:47 PM

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1st Amendment. If free speech is shut down, no one knows what needs to be defended or what is worth defending. Weapons can always be found if needed (even nations with strict gun control produce or steal weapons) but ideas need to flow freely.

Stalin once said, "Ideas are more dangerous than guns. We would not let our opponents have guns; do you think we'd let them have ideas?" Ideas produce new ways of thinking that challenge old regimes. Ideas led to our Independence.

Response by Sgt Private RallyPoint Member made Jun 15 at 2015 8:58 PM

2015-06-15T20:58:07-04:00

In my opinion the 1st and 2nd stand as equals. In today's society we constantly are forced to use the 1st to protect the 2nd and have done so very successfully in the last 10 years. God forbid we see the day that the 2nd has to be used to protect the 1st, but if it comes to that then we will.

Response by MSgt Curtis Ellis made Jul 21 at 2015 4:08 PM

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With the right to bear arms, you can preserve just about anything... ;)

Response by SSG Private RallyPoint Member made Jul 22 at 2015 12:56 AM

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Why choose what's important and what's not?

That's like asking which one would you rather live without.

Response by TSgt Private RallyPoint Member made Jul 22 at 2015 12:58 AM

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2nd amendment gives you the right to protect the rest.

Response by MSG John Wirts made May 13 at 2016 11:45 PM

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With out the 2nd amendment there is no way to enforce any of the others.

Response by MAJ James Goldberg made Feb 2 at 2017 2:18 PM

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In today's charged atmosphere of undocumented people living in this country, you would have to suspend the 4th and 9th to throw them out. So, I say the 4th and 9th. If you don't have the 4th and 9th, the 1st and 6th are meaningless.

Response by TSgt Kenneth Ellis made Apr 20 at 2017 8:00 PM

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I heard it say if it were not for the second. We would not have any.

Response by Sgt Mike Jacobi made May 27 at 2017 9:11 AM

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I believe that while all are vital the second is the most needed. This is because it furnishes the means to defend, implement and enforce the rest.

Response by Sgt Mike Jacobi made May 27 at 2017 9:15 AM

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Looking at the state of our union today it seems that we could use a "Bill of Responsibilities".

Response by Capt Private RallyPoint Member made May 27 at 2017 9:22 AM

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I am at a loss to understand why we think any are more important than another.

Start eroding the bill of rights and we all lose.

Response by PO1 Don Mac Intyre made Jun 11 at 2017 4:42 PM

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Questions like this are the very reason Madison didn't want to have a bill of rights. Our rights are not granted from the government and thus no one Amendment is more important than the others.

Response by SSG Diane R. made Jul 19 at 2017 7:25 PM

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The answer is obvious to me, the second amendment guarantees tge 1st, and all the others.

The second amendment guarantees American citizens will never lose their political power which ultimately comes out of the barrel of a gun.

Response by PO1 Don Mac Intyre made Jul 28 at 2017 10:44 AM

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None of them. Read them. Those are not given, nor preserved, those are just a few in which governments are established to protect, especially the US Government. They need to be reminded of that.

Response by SCPO Michael Tate made Aug 8 at 2017 2:02 PM

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They all work together. They should not be ranked.

Response by CPL Steve Freeman made Nov 29 at 2017 7:03 PM

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2nd, because all the others are predicated upon the government's fear of a well armed citizenry. As soon as you remove the arms, the citizenry is relegated to subjects.

Response by CPL Steve Freeman made Nov 29 at 2017 7:07 PM

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I concur, although Im no longer in.

Response by SSG Robert Perrotto made Oct 31 at 2018 5:10 PM

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the 1st amendment by far, and it is ensured by the second. all others are owe their existence to the first two