(Original article appears on National Constitution Center website)
Today we celebrate the anniversary of the first 10 amendments, known as the
Bill of Rights (ratified December 15, 1791). Here’s what you need to know:
WHAT IT DOES
The 10 amendments that make up the Bill of Rights guarantee essential rights and civil liberties:
—
The First Amendment guarantees the freedom of religion, speech, the press, assembly, and petition.
—
The Second Amendment guarantees the right to bear arms.
—
The Third Amendment prohibits the forced quartering of soldiers.
—
The Fourth Amendment protects people from unreasonable searches and seizures.
— The
Fifth Amendment
prohibits people from being subjected to double jeopardy or being
forced to testify against themselves; ensures that “life, liberty, or
property” may only be taken through due process of law; and private
property be taken for public use, without just compensation.
— The
Sixth Amendment protects the right to a fair trial by jury.
— The
Seventh Amendment protects the right to a jury trial in civil cases.
— The
Eighth Amendment prohibits excessive bail and cruel and unusual punishment.
— The
Ninth Amendment emphasizes that certain rights being listed in the Constitution does not mean those are the
only rights that belong to the people.
— The
10th Amendment states that any powers not granted to the federal government are reserved to the states and the people.
WHY IT WAS ADDED
One key debate surrounding the creation of the U.S. Constitution was
the inclusion of a Bill of Rights. Several delegates at the
Constitutional Convention were concerned that without a Bill of Rights,
our most important rights would be unprotected. Others felt that a Bill
of Rights was unnecessary and that outlining certain rights would imply
that those were the only rights reserved to the people. By the end of
the convention, a Bill of Rights was overruled.
The Constitution, sans Bill of Rights, was signed by 39 delegates on
September 17, 1787, at Independence Hall in Philadelphia. Three other
delegates were present but refused to sign–in part because of the
absence of a Bill of Rights: Elbridge Gerry of Massachusetts and Edmund
Randolph and George Mason of Virginia.
After the convention, the absence of a Bill of Rights emerged as a
central part of the ratification debates. Anti-Federalists, who opposed
ratification, pointed to the missing Bill of Rights as a fatal flaw.
Several states ratified the Constitution on the condition that a Bill of
Rights be promptly added, and many even offered suggestions for what to
include.
WORD-FOR-WORD
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.
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.
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.
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.
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 defence.
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.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
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.
Recent Stories on The Bill Of Rights
Can you pass a Bill of Rights quiz?
Happy birthday, Bill of Rights!
Why didn’t the original 12 amendments make it into the Bill of Rights?
Eight basic facts about the Bill of Rights