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The Bill of Rights
in force December 15, 1791
(The first Congress, at its first session in the City of New York, September 25,
1789, submitted to the states 12 amendments to clarify certain individual
and state rights not named in the Constitution. They are generally called the
Bill of Rights.
(Influential in framing these amendments was the Declaration of Rights of
Virginia, written by George Mason (1725-1792) in 1776. Mason, a Virginia
delegate to the Constitutional Convention, did not sign the Constitution and
opposed its ratification on the ground that it did not sufficiently oppose
slavery or safeguard individual rights.
((n the preamble to the resolution offering the proposed amendments,
Congress said: "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 insure the beneficent ends of its
institution, be it resolved," etc.
(Ten of these amendments now commonly known as one to 10 inclusive,
but originally 3 to 12 inclusive, were ratified by the states as follows: New
Jersey, Nov. 20, 1789; Maryland, Dec. 19, 1789; North Carolina, Dec. 22,
1789; South Carolina, Jan. 19, 1790; New Haampshire, Jan. 25, 1790;
Delaware, Jan. 28, 1790; New York, Feb. 24, 1790; Pennaylvania, Mar. 10,
1790; Rhode Island, June 7, 1790; Vermont, Nov. 3, 1791; Virginia, Dec.
15, 1791; Massachusetts, Mar. 2, 1939; Georgia, Mar. 18, 1939;
Connecticut, Apr. 19, 1939. These original 10 ratified amendments follow as
Amendments I to X inclusive.
(Of the two original proposed amendments which were not ratified by the
necessary number of states, the first related to apportionment of
Representatives; the second, to compensation of members.)
AMENDMENT I.
Religious establishment prohibited. Freedom of speech, of the press, and right to petition.
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.
Right to keep and bear arms.
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.
Conditions for quarters for soldiers.
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.
Right of search and seizure regulated.
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.
Provisions concerning prosecution. Trial and punishment--private property not to be
taken for public use without compensation.
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 VI.
Right to speedy trial, witnesses, etc.
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 VII.
Right of trial by jury.
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 or fines and cruel punishment prohibited.
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
AMENDMENT IX.
Rules of construction of Constitution.
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
AMENDMENT X.
Rights of States under Constitution.
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.
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