Readings: Textbook p.226 to 268

The Bill of Rights and Amendments 11 to 27

In 1787, Thomas Jefferson sent James Madison a letter about the Constitution. Jefferson wrote, “I will now add what I do not like . . . [there is no] bill of rights.” He explained his reasons: “A bill of rights is what the people are entitled to against every government on earth . . . and what no just government should refuse.“ Jefferson’s disapproval is not surprising. In writing the Declaration of Independence, he spelled out basic individual rights that cannot be taken way. These are “life, liberty, and the pursuit of happiness.” The Declaration states that governments are formed to protect these rights. Several states approved the Constitution only if a list of guaranteed freedoms was added. While serving in the nation’s first Congress, James Madison helped draft the Bill of Rights. In 1791, these first ten amendments became part of the Constitution.

AMENDMENTS 1–10. The Bill of Rights
MAIN IDEA The Bill of Rights protects citizens from government interference.
WHY IT MATTERS NOW Issues related to the Bill of Rights are still being applied, tested, and interpreted.

AMENDMENT 1. Religious and Political Freedom (1791)
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. Right to Bear Arms (1791)
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. Quartering Troops (1791)
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. Search and Seizure (1791)
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. Rights of Accused Persons (1791)
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. Right to a Speedy, Public Trial (1791)
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. Trial by Jury in Civil Cases (1791)
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. Limits of Fines and Punishments (1791)
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

AMENDMENT 9. Rights of People (1791)
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

AMENDMENT 10. Powers of States and People (1791)
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.