text:
United States Bill of Rights
From Wikipedia, the free encyclopedia
Jump to navigation Jump to search
United States Bill of Rights
United States Bill of Rights
Created
September 25, 1789
Ratified
December 15, 1791
Location
National Archives
Author(s)
James Madison
This article is part of a series on the
Constitution of the
United States of America
Preamble and Articles
of the Constitution
Preamble
I
II
III
IV
V
VI
VII
Amendments to the Constitution
Bill of Rights
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
XVI
XVII
XVIII
XIX
XX
XXI
XXII
XXIII
XXIV
XXV
XXVI
XXVII
Unratified Amendments
Congressional Apportionment
Titles of Nobility
Corwin
Child Labor
Equal Rights
D.C. Voting Rights
History
Drafting and ratification timeline
Convention
Signing
Federalism
Republicanism
Full text of the Constitution and Amendments
Preamble and Articles I–VII
Amendments I–X
Amendments XI–XXVII
Unratified Amendments
United States portal
U.S. Government portal
Law portal
Wikipedia book
v
t
e
The Bill of Rights is the first ten amendments to the United States Constitution.[1] Proposed following the often bitter 1787–88 battle over ratification of the U.S. Constitution, and crafted to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically delegated to Congress by the Constitution are reserved for the states or the people. The concepts codified in these amendments are built upon those found in several earlier documents, including the Virginia Declaration of Rights and the English Bill of Rights, along with earlier documents such as Magna Carta (1215). In practice, the amendments had little impact on judgments by the courts for the first 150 years after ratification.[citation needed]
On June 8, 1789, Representative James Madison introduced nine amendments to the Constitution in the House of Representatives.[2] Madison proposed inserting specific rights limiting the power of Congress in Article One, Section 9. Seven of these limitations would become part of the ten ratified Bill of Rights amendments. Ultimately, on September 25, 1789, Congress approved twelve articles of amendment to the Constitution, each consisting of one one-sentence paragraph, and submitted them to the states for ratification. Contrary to Madison's original proposal that the articles be incorporated into the main body of the Constitution, they were proposed as supplemental additions (codicils) to it. Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution. Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment.[1][3] Article One is still pending before the states.
Although Madison's proposed amendments included a provision to extend the protection of some of the Bill of Rights to the states, the amendments that were finally submitted for ratification applied only to the federal government. The door for their application upon state governments was opened in the 1860s, following ratification of the Fourteenth Amendment. 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.[4]
There are several original engrossed copies of the Bill of Rights still in existence. One of these is on permanent public display at the National Archives in Washington, D.C.
Contents
1 Background
1.1 The Philadelphia Convention
1.2 The Anti-Federalists
1.3 The Federalists
1.4 Massachusetts compromise
2 Proposal and ratification
2.1 Anticipating amendments
2.2 Madison's proposed amendments
2.3 Crafting amendments
2.4 Ratification process
3 Application and text
3.1 First Amendment
3.2 Second Amendment
3.3 Third Amendment
3.4 Fourth Amendment
3.5 Fifth Amendment
3.6 Sixth Amendment
3.7 Seventh Amendment
3.8 Eighth Amendment
3.9 Ninth Amendment
3.10 Tenth Amendment
4 Display and honoring of the Bill of Rights
5 See also
6 References
7 Further reading
8 External links
Background
The Philadelphia Convention
Main article: Constitutional Convention (United States)
Prior to the ratification and implementation of the United States Constitution, the thirteen sovereign states followed the Articles of Confederation, created by the Second Continental Congress and ratified in 1781. However, the national government that operated under the Articles of Confederation was too weak to adequately regulate the various conflicts that arose between the states.[5] The Philadelphia Convention set out to correct weaknesses of the Articles that had been apparent even before the American Revolutionary War had been successfully concluded.[5]
The convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania. Although the Convention was purportedly intended only to revise the Articles, the intention of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York, was to create a new government rather than fix the existing one. The convention convened in the Pennsylvania State House, and George Washington of Virginia was unanimously elected as president of the convention.[6] The 55 delegates who drafted the Constitution are among the men known as the Founding Fathers of the new nation. Thomas Jefferson, who was Minister to France during the convention, characterized the delegates as an assembly of "demi-gods."[5] Rhode Island refused to send delegates to the convention.[7]
On September 12, George Mason of Virginia suggested the addition of a Bill of Rights to the Constitution modeled on previous state declarations, and Elbridge Gerry of Massachusetts made it a formal motion.[8] However, the motion was defeated by a unanimous vote of the state delegations after only a brief discussion. Madison, then an opponent of a Bill of Rights, later explained the vote by calling the state bills of rights "parchment barriers" that offered only an illusion of protection against tyranny.[9] Another delegate, James Wilson of Pennsylvania, later argued that the act of enumerating the rights of the people would have been dangerous, because it would imply that rights not explicitly mentioned did not exist;[9] Hamilton echoed this point in Federalist No. 84.[10] Because Mason and Gerry had emerged as opponents of the proposed new Constitution, their motion—introduced five days before the end of the convention—may also have been seen by other delegates as a delaying tactic.[11] The quick rejection of this motion, however, later endangered the entire ratification process. Author David O. Stewart characterizes the omission of a Bill of Rights in the original Constitution as "a political blunder of the first magnitude"[11] while historian Jack N. Rakove calls it "the one serious miscalculation the framers made as they looked ahead to the struggle over ratification".[12]
Thirty-nine delegates signed the finalized Constitution. Thirteen delegates left before it was completed, and three who remained at the convention until the end refused to sign it: Mason, Gerry, and Edmund Randolph of Virginia.[13] Afterward, the Constitution was presented to the Articles of Confederation Congress with the request that it afterwards be submitted to a convention of delegates, chosen in each State by the people, for their assent and ratification.[14]
The Anti-Federalists
On June 5, 1788, Patrick Henry spoke before Virginia's ratification convention in opposition to the Constitution.
Following the Philadelphia Convention, some leading revolutionary figures such as Patrick Henry, Samuel Adams, and Richard Henry Lee publicly opposed the new frame of government, a position known as "Anti-Federalism".[15] Elbridge Gerry wrote the most popular Anti-Federalist tract, "Hon. Mr. Gerry's Objections", which went through 46 printings; the essay particularly focused on the lack of a bill of rights in the proposed constitution.[16] Many were concerned that a strong national government was a threat to individual rights and that the president would become a king. Jefferson wrote to Madison advocating a Bill of Rights: "Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can."[17] The pseudonymous Anti-Federalist "Brutus"[a] wrote,
We find they have, in the ninth section of the first article declared, that the writ of habeas corpus shall not be suspended, unless in cases of rebellion—that no bill of attainder, or ex post facto law, shall be passed—that no title of nobility shall be granted by the United States, etc. If every thing which is not given is reserved, what propriety is there in these exceptions? Does this Constitution any where grant the power of suspending the habeas corpus, to make ex post facto laws, pass bills of attainder, or grant titles of nobility? It certainly does not in express terms. The only answer that can be given is, that these are implied in the general powers granted. With equal truth it may be said, that all the powers which the bills of rights guard against the abuse of, are contained or implied in the general ones granted by this Constitution.[19]
He continued with this observation:
Ought not a government, vested with such extensive and indefinite authority, to have been restricted by a declaration of rights? It certainly ought. So clear a point is this, that I cannot help suspecting that persons who attempt to persuade people that such reservations were less necessary under this Constitution than under those of the States, are wilfully endeavoring to deceive, and to lead you into an absolute state of vassalage.[20]
The Federalists
Supporters of the Constitution, known as Federalists, opposed a bill of rights for much of the ratification period, in part due to the procedural uncertainties it would create.[21] Madison argued against such an inclusion, suggesting that state governments were sufficient guarantors of personal liberty, in No. 46 of The Federalist Papers, a series of essays promoting the Federalist position.[22] Hamilton opposed a bill of rights in The Federalist No. 84, stating that "the constitution is itself in every rational sense, and to every useful purpose, a bill of rights." He stated that ratification did not mean the American people were surrendering their rights, making protections unnecessary: "Here, in strictness, the people surrender nothing, and as they retain everything, they have no need of particular reservations." Patrick Henry criticized the Federalist point of view, writing that the legislature must be firmly informed "of the extent of the rights retained by the people ... being in a state of uncertainty, they will assume rather than give up powers by implication."[23] Other anti-Federalists pointed out that earlier political documents, in particular the Magna Carta, had protected specific rights. In response, Hamilton argued that the Constitution was inherently different:
Bills of rights are in their origin, stipulations between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince. Such was the Magna Charta, obtained by the Barons, swords in hand, from King John.[24]
Massachusetts compromise
Main article: Massachusetts Compromise
George Washington's 1788 letter to the Marquis de Lafayette observed, "the Convention of Massachusetts adopted the Constitution in toto; but recommended a number of specific alterations and quieting explanations." Source: Library of Congress
In December 1787 and January 1788, five states—Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut—ratified the Constitution with relative ease, though the bitter minority report of the Pennsylvania opposition was widely circulated.[25] In contrast to its predecessors, the Massachusetts convention was angry and contentious, at one point erupting into a fistfight between Federalist delegate Francis Dana and Anti-Federalist Elbridge Gerry when the latter was not allowed to speak.[26] The impasse was resolved only when revolutionary heroes and leading Anti-Federalists Samuel Adams and John Hancock agreed to ratification on the condition that the convention also propose amendments.[27] The convention's proposed amendments included a requirement for grand jury indictment in capital cases, which would form part of the Fifth Amendment, and an amendment reserving powers to the states not expressly given to the federal government, which would later form the basis for the Tenth Amendment.[28]
Following Massachusetts' lead, the Federalist minorities in both Virginia and New York were able to obtain ratification in convention by linking ratification to recommended amendments.[29] A committee of the Virginia convention headed by law professor George Wythe forwarded forty recommended amendments to Congress, twenty of which enumerated individual rights and another twenty of which enumerated states' rights.[30] The latter amendments included limitations on federal powers to levy taxes and regulate trade.[31]
A minority of the Constitution's critics, such as Maryland's Luther Martin, continued to oppose ratification.[32] However, Martin's allies, such as New York's John Lansing, Jr., dropped moves to obstruct the Convention's process. They began to take exception to the Constitution "as it was," seeking amendments. Several conventions saw supporters for "amendments before" shift to a position of "amendments after" for the sake of staying in the Union. The New York Anti-Federalist "circular letter" was sent to each state legislature proposing a second constitutional convention for "amendments before", but it failed in the state legislatures. Ultimately, only North Carolina and Rhode Island waited for amendments from Congress before ratifying.[29]
Article Seven of the proposed Constitution set the terms by which the new frame of government would be established. The new Constitution would become operational when ratified by at least nine states. Only then would it replace the existing government under the Articles of Confederation and would apply only to those states that ratified it.
Following contentious battles in several states, the proposed Constitution reached that nine-state ratification plateau in June 1788. On September 13, 1788, the Articles of Confederation Congress certified that the new Constitution had been ratified by more than enough states for the new system to be implemented and directed the new government to meet in New York City on the first Wednesday in March the following year.[33] On March 4, 1789, the new frame of government came into force with eleven of the thirteen states participating.
Proposal and ratification
Anticipating amendments
James Madison, primary author and chief advocate for the Bill of Rights in the First Congress
The 1st United States Congress, which met in New York City's Federal Hall, was a triumph for the Federalists. The Senate of eleven states contained 20 Federalists with only two Anti-Federalists, both from Virginia. The House included 48 Federalists to 11 Anti-Federalists, the latter of whom were from only four states: Massachusetts, New York, Virginia and South Carolina.[34] Among the Virginia delegation to the House was James Madison, Patrick Henry's chief opponent in the Virginia ratification battle. In retaliation for Madison's victory in that battle at Virginia's ratification convention, Henry and other Anti-Federalists, who controlled the Virginia House of Delegates, had gerrymandered a hostile district for Madison's planned congressional run and recruited Madison's future presidential successor, James Monroe, to oppose him.[35] Madison defeated Monroe after offering a campaign pledge that he would introduce constitutional amendments forming a bill of rights at the First Congress.[36]
Originally opposed to the inclusion of a bill of rights in the Constitution, Madison had gradually come to understand the importance of doing so during the often contentious ratification debates. By taking the initiative to propose amendments himself through the Congress, he hoped to preempt a second constitutional convention that might, it was feared, undo the difficult compromises of 1787, and open the entire Constitution to reconsideration, thus risking the dissolution of the new federal government. Writing to Jefferson, he stated, "The friends of the Constitution, some from an approbation of particular amendments, others from a spirit of conciliation, are generally agreed that the System should be revised. But they wish the revisal to be carried no farther than to supply additional guards for liberty."[37] He also felt that amendments guaranteeing personal liberties would "give to the Government its due popularity and stability".[38] Finally, he hoped that the amendments "would acquire by degrees the character of fundamental maxims of free government, and as they become incorporated with the national sentiment, counteract the impulses of interest and passion".[39] Historians continue to debate the degree to which Madison considered the amendments of the Bill of Rights necessary, and to what degree he considered them politically expedient; in the outline of his address, he wrote, "Bill of Rights—useful—not essential—".[40]
On the occasion of his April 30, 1789 inauguration as the nation's first president, George Washington addressed the subject of amending the Constitution. He urged the legislators,
whilst you carefully avoid every alteration which might endanger the benefits of an united and effective government, or which ought to await the future lessons of experience; a reverence for the characteristic rights of freemen, and a regard for public harmony, will sufficiently influence your deliberations on the question, how far the former can be impregnably fortified or the latter be safely and advantageously promoted.[41][42]
Madison's proposed amendments
James Madison introduced a series of Constitutional amendments in the House of Representatives for consideration. Among his proposals was one that would have added introductory language stressing natural rights to the preamble.[43] Another would apply parts of the Bill of Rights to the states as well as the federal government. Several sought to protect individual personal rights by limiting various Constitutional powers of Congress. Like Washington, Madison urged Congress to keep the revision to the Constitution "a moderate one", limited to protecting individual rights.[43]
Madison was deeply read in the history of government and used a range of sources in composing the amendments. The English Magna Carta of 1215 inspired the right to petition and to trial by jury, for example, while the English Bill of Rights of 1689 provided an early precedent for the right to keep and bear arms (although this applied only to Protestants) and prohibited cruel and unusual punishment.[31]
The greatest influence on Madison's text, however, was existing state constitutions.[44][45] Many of his amendments, including his proposed new preamble, were based on the Virginia Declaration of Rights drafted by Anti-Federalist George Mason in 1776.[46] To reduce future opposition to ratification, Madison also looked for recommendations shared by many states.[45] He did provide one, however, that no state had requested: "No state shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases."[47] He did not include an amendment that every state had asked for, one that would have made tax assessments voluntary instead of contributions.[48] Madison's proposed the following constitutional amendments:
First. That there be prefixed to the Constitution a declaration, that all power is originally vested in, and consequently derived from, the people.
That Government is instituted and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety.
That the people have an indubitable, unalienable, and indefeasible right to reform or change their Government, whenever it be found adverse or inadequate to the purposes of its institution.
Secondly. That in article 1st, section 2, clause 3, these words be struck out, to wit: "The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative, and until such enumeration shall be made;" and in place thereof be inserted these words, to wit: "After the first actual enumeration, there shall be one Representative for every thirty thousand, until the number amounts to—, after which the proportion shall be so regulated by Congress, that the number shall never be less than—, nor more than—, but each State shall, after the first enumeration, have at least two Representatives; and prior thereto."
Thirdly. That in article 1st, section 6, clause 1, there be added to the end of the first sentence, these words, to wit: "But no law varying the compensation last ascertained shall operate before the next ensuing election of Representatives."
Fourthly. That in article 1st, section 9, between clauses 3 and 4, be inserted these clauses, to wit: The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed.
The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.
The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the legislature by petitions, or remonstrances for redress of their grievances.
The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.
No soldier shall in time of peace be quartered in any house without the consent of the owner; nor at any time, but in a manner warranted by law.
No person shall be subject, except in cases of impeachment, to more than one punishment, or one trial for the same offence; nor shall be compelled to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor be obliged to relinquish his property, where it may be necessary for public use, without a just compensation.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The rights of the people to be secured in their persons, their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, to be informed of the cause and nature of the accusation, to be confronted with his accusers, and the witnesses against him; to have a compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.
The exceptions here or elsewhere in the Constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people, or as to enlarge the powers delegated by the Constitution; but either as actual limitations of such powers, or as inserted merely for greater caution.
Fifthly. That in article 1st, section 10, between clauses 1 and 2, be inserted this clause, to wit: No State shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases.
Sixthly. That, in article 3d, section 2, be annexed to the end of clause 2d, these words, to wit: But no appeal to such court shall be allowed where the value in controversy shall not amount to — dollars: nor shall any fact triable by jury, according to the course of common law, be otherwise re-examinable than may consist with the principles of common law.
Seventhly. That in article 3d, section 2, the third clause be struck out, and in its place be inserted the clauses following, to wit: The trial of all crimes (except in cases of impeachments, and cases arising in the land or naval forces, or the militia when on actual service, in time of war or public danger) shall be by an impartial jury of freeholders of the vicinage, with the requisite of unanimity for conviction, of the right with the requisite of unanimity for conviction, of the right of challenge, and other accustomed requisites; and in all crimes punishable with loss of life or member, presentment or indictment by a grand jury shall be an essential preliminary, provided that in cases of crimes committed within any county which may be in possession of an enemy, or in which a general insurrection may prevail, the trial may by law be authorized in some other county of the same State, as near as may be to the seat of the offence.
In cases of crimes committed not within any county, the trial may by law be in such county as the laws shall have prescribed. In suits at common law, between man and man, the trial by jury, as one of the best securities to the rights of the people, ought to remain inviolate.
Eighthly. That immediately after article 6th, be inserted, as article 7th, the clauses following, to wit: The powers delegated by this Constitution are appropriated to the departments to which they are respectively distributed: so that the Legislative Department shall never exercise the powers vested in the Executive or Judicial, nor the Executive exercise the powers vested in the Legislative or Judicial, nor the Judicial exercise the powers vested in the Legislative or Executive Departments.
The powers not delegated by this Constitution, nor prohibited by it to the states, are reserved to the States respectively.
Ninthly. That article 7th, be numbered as article 8th.[49]
Crafting amendments
Federalist representatives were quick to attack Madison's proposal, fearing that any move to amend the new Constitution so soon after its implementation would create an appearance of instability in the government.[50] The House, unlike the Senate, was open to the public, and members such as Fisher Ames warned that a prolonged "dissection of the constitution" before the galleries could shake public confidence.[51] A procedural battle followed, and after initially forwarding the amendments to a select committee for revision, the House agreed to take Madison's proposal up as a full body beginning on July 21, 1789.[52][53]
The eleven-member committee made some significant changes to Madison's nine proposed amendments, including eliminating most of his preamble and adding the phrase "freedom of speech, and of the press".[54] The House debated the amendments for eleven days. Roger Sherman of Connecticut persuaded the House to place the amendments at the Constitution's end so that the document would "remain inviolate", rather than adding them throughout, as Madison had proposed.[55][56] The amendments, revised and condensed from twenty to seventeen, were approved and forwarded to the Senate on August 24, 1789.[57]
The Senate edited these amendments still further, making 26 changes of its own. Madison's proposal to apply parts of the Bill of Rights to the states as well as the federal government was eliminated, and the seventeen amendments were condensed to twelve, which were approved on September 9, 1789.[58] The Senate also eliminated the last of Madison's proposed changes to the preamble.[59]
On September 21, 1789, a House–Senate Conference Committee convened to resolve the numerous differences between the two Bill of Rights proposals. On September 24, 1789, the committee issued this report, which finalized 12 Constitutional Amendments for House and Senate to consider. This final version was approved by joint resolution of Congress on September 25, 1789, to be forwarded to the states on September 28.[60][61]
By the time the debates and legislative maneuvering that went into crafting the Bill of Rights amendments was done, many personal opinions had shifted. A number of Federalists came out in support, thus silencing the Anti-Federalists' most effective critique. Many Anti-Federalists, in contrast, were now opposed, realizing that Congressional approval of these amendments would greatly lessen the chances of a second constitutional convention.[62] Anti-Federalists such as Richard Henry Lee also argued that the Bill left the most objectionable portions of the Constitution, such as the federal judiciary and direct taxation, intact.[63]
Madison remained active in the progress of the amendments throughout the legislative process. Historian Gordon S. Wood writes that "there is no question that it was Madison's personal prestige and his dogged persistence that saw the amendments through the Congress. There might have been a federal Constitution without Madison but certainly no Bill of Rights."[64][65]
hideApproval of the Bill of Rights in Congress and the States[66]
Seventeen Articles
Approved by the House
August 24, 1789
Twelve Articles
Approved by the Senate
September 9, 1789
Twelve Articles
Approved by Congress
September 25, 1789
Ratification
Status
First Article:
After the first enumeration, required by the first Article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor less than one Representative for every fifty thousand persons. First Article:
After the first enumeration, required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred; to which number one Representative shall be added for every subsequent increase of forty thousand, until the Representatives shall amount to two hundred, to which number one Representative shall be added for every subsequent increase of sixty thousand persons. First Article:
After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons. Pending:
Congressional Apportionment Amendment
Second Article:
No law varying the compensation to the members of Congress, shall take effect, until an election of Representatives shall have intervened. Second Article:
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened. Second Article:
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened. Ratified:
May 5, 1992[3]
Twenty-seventh Amendment
Third Article:
Congress shall make no law establishing religion or prohibiting the free exercise thereof, nor shall the rights of Conscience be infringed. Third Article:
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. Third Article:
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. Ratified:
December 15, 1791
First Amendment
Fourth Article:
The Freedom of Speech, and of the Press, and the right of the People peaceably to assemble, and consult for their common good, and to apply to the Government for a redress of grievances, shall not be infringed. (see Third Article above)
Fifth Article:
A well regulated militia, composed of the body of the People, being the best security of a free State, the right of the People to keep and bear arms, shall not be infringed, but no one religiously scrupulous of bearing arms, shall be compelled to render military service in person. Fourth Article:
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. Fourth Article:
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. Ratified:
December 15, 1791
Second Amendment
Sixth Article:
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. Fifth Article:
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. Fifth Article:
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. Ratified:
December 15, 1791
Third Amendment
Seventh Article:
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. Sixth Article:
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. Sixth Article:
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. Ratified:
December 15, 1791
Fourth Amendment
Eighth Article:
No person shall be subject, except in case of impeachment, to more than one trial, or one punishment for the same offense, 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. Seventh Article:
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 witnesses 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. Seventh Article:
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. Ratified:
December 15, 1791
Fifth Amendment
Ninth Article:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, 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. Eighth Article:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, 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 favour, and to have the assistance of counsel for his defence. Eighth Article:
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. Ratified:
December 15, 1791
Sixth Amendment
Tenth Article:
The trial of all crimes (except in cases of impeachment, and in cases arising in the land or naval forces, or in the militia when in actual service in time of War or public danger) shall be by an Impartial Jury of the Vicinage, with the requisite of unanimity for conviction, the right of challenge, and other accostomed [sic] requisites; and no person shall be held to answer for a capital, or otherways [sic] infamous crime, unless on a presentment or indictment by a Grand Jury; but if a crime be committed in a place in the possession of an enemy, or in which an insurrection may prevail, the indictment and trial may by law be authorised in some other place within the same State. (see Seventh Article above)
Eleventh Article:
No appeal to the Supreme Court of the United States, shall be allowed, where the value in controversy shall not amount to one thousand dollars, nor shall any fact, triable by a Jury according to the course of the common law, be otherwise re-examinable, than according to the rules of common law. Ninth Article:
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 re-examined in any court of the United States, than according to the rules of the common law. Ninth Article:
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 re-examined in any court of the United States, than according to the rules of the common law. Ratified:
December 15, 1791
Seventh Amendment
Twelfth Article:
In suits at common law, the right of trial by Jury shall be preserved. (see Ninth Article above)
Thirteenth Article:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Tenth Article:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Tenth Article:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Ratified:
December 15, 1791
Eighth Amendment
Fourteenth Article:
No State shall infringe the right of trial by Jury in criminal cases, nor the rights of conscience, nor the freedom of speech, or of the press.
Fifteenth Article:
The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. Eleventh Article:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Eleventh Article:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Ratified:
December 15, 1791
Ninth Amendment
Sixteenth Article:
The powers delegated by the Constitution to the government of the United States, shall be exercised as therein appropriated, so that the Legislative shall never exercise the powers vested in the Executive or Judicial; nor the Executive the powers vested in the Legislative or Judicial; nor the Judicial the powers vested in the Legislative or Executive.
Seventeenth Article:
The powers not delegated by the Constitution, nor prohibited by it, to the States, are reserved to the States respectively. Twelfth Article:
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. Twelfth Article:
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. Ratified:
December 15, 1791
Tenth Amendment
Ratification process
The twelve articles of amendment approved by congress were officially submitted to the Legislatures of the several States for consideration on September 28, 1789. The following states ratified some or all of the amendments:[67][68][69]
New Jersey: Articles One and Three through Twelve on November 20, 1789, and Article Two on May 7, 1992
Maryland: Articles One through Twelve on December 19, 1789
North Carolina: Articles One through Twelve on December 22, 1789
South Carolina: Articles One through Twelve on January 19, 1790
New Hampshire: Articles One and Three through Twelve on January 25, 1790, and Article Two on March 7, 1985
Delaware: Articles Two through Twelve on January 28, 1790
New York: Articles One and Three through Twelve on February 24, 1790
Pennsylvania: Articles Three through Twelve on March 10, 1790, and Article One on September 21, 1791
Rhode Island: Articles One and Three through Twelve on June 7, 1790, and Article Two on June 10, 1993
Vermont: Articles One through Twelve on November 3, 1791
Virginia: Article One on November 3, 1791, and Articles Two through Twelve on December 15, 1791[70]
(After failing to ratify the 12 amendments during the 1789 legislative session.)
Having been approved by the requisite three-fourths of the several states, there being 14 States in the Union at the time (as Vermont had been admitted into the Union on March 4, 1791),[63] the ratification of Articles Three through Twelve was completed and they became Amendments 1 through 10 of the Constitution. President Washington informed Congress of this on January 18, 1792.[71]
As they had not yet been approved by 11 of the 14 states, the ratification of Article One (ratified by 10) and Article Two (ratified by 6) remained incomplete. The ratification plateau they needed to reach soon rose to 12 of 15 states when Kentucky joined the Union (June 1, 1792). On June 27, 1792, the Kentucky General Assembly ratified all 12 amendments, however this action did not come to light until 1996.[72]
Article One came within one state of the number needed to become adopted into the Constitution on two occasions between 1789 and 1803. Despite coming close to ratification early on, it has never received the approval of enough states to become part of the Constitution.[64] As Congress did not attach a ratification time limit to the article, it is still technically pending before the states. Since no state has approved it since 1792, ratification by an additional 27 states would now be necessary for the article to be adopted.
Article Two, initially ratified by seven states through 1792 (including Kentucky), was not ratified by another state for eighty years. The Ohio General Assembly ratified it on May 6, 1873 in protest of an unpopular Congressional pay raise.[73] A century later, on March 6, 1978, the Wyoming Legislature also ratified the article.[74] Gregory Watson, a University of Texas at Austin undergraduate student, started a new push for the article's ratification with a letter-writing campaign to state legislatures.[73] As a result, by May 1992, enough states had approved Article Two (38 of the 50 states in the Union) for it to become the Twenty-seventh Amendment to the United States Constitution. The amendment's adoption was certified by Archivist of the United States Don W. Wilson and subsequently affirmed by a vote of Congress on May 20, 1992.[75]
Three states did not complete action on the twelve articles of amendment when they were initially put before the states. Georgia found a Bill of Rights unnecessary and so refused to ratify. Both chambers of the Massachusetts General Court ratified a number of the amendments (the Senate adopted 10 of 12 and the House 9 of 12), but failed to reconcile their two lists or to send official notice to the Secretary of State of the ones they did agree upon.[76][63] Both houses of the Connecticut General Assembly voted to ratify Articles Three through Twelve but failed to reconcile their bills after disagreeing over whether to ratify Articles One and Two.[77] All three later ratified the Constitutional amendments originally known as Articles Three through Twelve as part of the 1939 commemoration of the Bill of Rights' sesquicentennial: Massachusetts on March 2, Georgia on March 18, and Connecticut on April 19.[63] Connecticut and Georgia would also later ratify Article Two, on May 13, 1987 and February 2, 1988 respectively.
Application and text
The Bill of Rights had little judicial impact for the first 150 years of its existence; in the words of Gordon S. Wood, "After ratification, most Americans promptly forgot about the first ten amendments to the Constitution."[78][79] The Court made no important decisions protecting free speech rights, for example, until 1931.[80] Historian Richard Labunski attributes the Bill's long legal dormancy to three factors: first, it took time for a "culture of tolerance" to develop that would support the Bill's provisions with judicial and popular will; second, the Supreme Court spent much of the 19th century focused on issues relating to intergovernmental balances of power; and third, the Bill initially only applied to the federal government, a restriction affirmed by Barron v. Baltimore (1833).[81][82][83] In the twentieth century, however, most of the Bill's provisions were applied to the states via the Fourteenth Amendment—a process known as incorporation—beginning with the freedom of speech clause, in Gitlow v. New York (1925).[84] In Talton v. Mayes (1896), the Court ruled that Constitutional protections, including the provisions of the Bill of Rights, do not apply to the actions of American Indian tribal governments.[85] Through the incorporation process the United States Supreme Court succeeded in extending to the States almost all of the protections in the Bill of Rights, as well as other, unenumerated rights.[86] The Bill of Rights thus imposes legal limits on the powers of governments and acts as an anti-majoritarian/minoritarian safeguard by providing deeply entrenched legal protection for various civil liberties and fundamental rights.[87][88][89] The Supreme Court for example concluded in the West Virginia State Board of Education v. Barnette (1943) case that the founders intended the Bill of Rights to put some rights out of reach from majorities, ensuring that some liberties would endure beyond political majorities.[87][88][89][90] As the Court noted, the idea of the Bill of Rights "was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts."[90][91] This is why "fundamental rights may not be submitted to a vote; they depend on the outcome of no elections."[90][91]
First Amendment
Main article: First Amendment to the United States Constitution
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.[92]
The First Amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. Initially, the First Amendment applied only to laws enacted by Congress, and many of its provisions were interpreted more narrowly than they are today.[93]
In Everson v. Board of Education (1947), the Court drew on Thomas Jefferson's correspondence to call for "a wall of separation between church and State", though the precise boundary of this separation remains in dispute.[93] Speech rights were expanded significantly in a series of 20th- and 21st-century court decisions that protected various forms of political speech, anonymous speech, campaign financing, pornography, and school speech; these rulings also defined a series of exceptions to First Amendment protections. The Supreme Court overturned English common law precedent to increase the burden of proof for libel suits, most notably in New York Times Co. v. Sullivan (1964).[94] Commercial speech is less protected by the First Amendment than political speech, and is therefore subject to greater regulation.[93]
The Free Press Clause protects publication of information and opinions, and applies to a wide variety of media. In Near v. Minnesota (1931)[95] and New York Times v. United States (1971),[96] the Supreme Court ruled that the First Amendment protected against prior restraint—pre-publication censorship—in almost all cases. The Petition Clause protects the right to petition all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause, the Court has also ruled that the amendment implicitly protects freedom of association.[93]
Second Amendment
Main article: Second Amendment to the United States Constitution
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.[92]
The Second Amendment protects the individual right to keep and bear arms. The concept of such a right existed within English common law long before the enactment of the Bill of Rights.[97] First codified in the English Bill of Rights of 1689 (but there only applying to Protestants), this right was enshrined in fundamental laws of several American states during the Revolutionary era, including the 1776 Virginia Declaration of Rights and the Pennsylvania Constitution of 1776. Long a controversial issue in American political, legal, and social discourse, the Second Amendment has been at the heart of several Supreme Court decisions.
In United States v. Cruikshank (1875), the Court ruled that "[t]he right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government."[98]
In United States v. Miller (1939), the Court ruled that the amendment "[protects arms that had a] reasonable relationship to the preservation or efficiency of a well regulated militia".[99]
In District of Columbia v. Heller (2008), the Court ruled that the Second Amendment "codified a pre-existing right" and that it "protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home" but also stated that "the right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose".[100]
In McDonald v. Chicago (2010),[101] the Court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government.[102]
Third Amendment
Main article: Third Amendment to the United States Constitution
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.[92]
The Third Amendment re stricts the quartering of soldiers in private homes, in response to Quartering Acts passed by the British parliament during the Revolutionary War. The amendment is one of the least controversial of the Constitution, and, as of 2018[update], has never been the primary basis of a Supreme Court decision.[103][104][105]
Fourth Amendment
Main article: Fourth Amendment to the United States Constitution
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.[92]
The Fourth Amendment guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure (including arrest) must be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer who has sworn by it. The amendment is the basis for the exclusionary rule, which mandates that evidence obtained illegally cannot be introduced into a criminal trial.[106] The amendment's interpretation has varied over time; its protections expanded under left-leaning courts such as that headed by Earl Warren and contracted under right-leaning courts such as that of William Rehnquist.[107]
Fifth Amendment
Main article: Fifth Amendment to the United States Constitution
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.[92]
The Fifth Amendment protects against double jeopardy and self-incrimination and guarantees the rights to due process, grand jury screening of criminal indictments, and compensation for the seizure of private property under eminent domain. The amendment was the basis for the court's decision in Miranda v. Arizona (1966), which established that defendants must be informed of their rights to an attorney and against self-incrimination prior to interrogation by police.[108]
Sixth Amendment
Main article: Sixth Amendment to the United States Constitution
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.[92]
The Sixth Amendment establishes a number of rights of the defendant in a criminal trial:
to a speedy and public trial
to trial by an impartial jury
to be informed of criminal charges
to confront witnesses
to compel witnesses to appear in court
to assistance of counsel[109]
In Gideon v. Wainwright (1963), the Court ruled that the amendment guaranteed the right to legal representation in all felony prosecutions in both state and federal courts.[109]
Seventh Amendment
Main article: Seventh Amendment to the United States Constitution
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 re-examined in any court of the United States, than according to the rules of the common law.[92]
The Seventh Amendment guarantees jury trials in federal civil cases that deal with claims of more than twenty dollars. It also prohibits judges from overruling findings of fact by juries in federal civil trials. In Colgrove v. Battin (1973), the Court ruled that the amendment's requirements could be fulfilled by a jury with a minimum of six members. The Seventh is one of the few parts of the Bill of Rights not to be incorporated (applied to the states).[110]
Eighth Amendment
Main article: Eighth Amendment to the United States Constitution
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.[92]
The Eighth Amendment forbids the imposition of excessive bails or fines, though it leaves the term "excessive" open to interpretation.[111] The most frequently litigated clause of the amendment is the last, which forbids cruel and unusual punishment.[112][113] This clause was only occasionally applied by the Supreme Court prior to the 1970s, generally in cases dealing with means of execution. In Furman v. Georgia (1972), some members of the Court found capital punishment itself in violation of the amendment, arguing that the clause could reflect "evolving standards of decency" as public opinion changed; others found certain practices in capital trials to be unacceptably arbitrary, resulting in a majority decision that effectively halted executions in the United States for several years.[114] Executions resumed following Gregg v. Georgia (1976), which found capital punishment to be constitutional if the jury was directed by concrete sentencing guidelines.[114] The Court has also found that some poor prison conditions constitute cruel and unusual punishment, as in Estelle v. Gamble (1976) and Brown v. Plata (2011).[112]
Ninth Amendment
Main article: Ninth Amendment to the United States Constitution
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.[92]
The Ninth Amendment declares that there are additional fundamental rights that exist outside the Constitution. The rights enumerated in the Constitution are not an explicit and exhaustive list of individual rights. It was rarely mentioned in Supreme Court decisions before the second half of the 20th century, when it was cited by several of the justices in Griswold v. Connecticut (1965). The Court in that case voided a statute prohibiting use of contraceptives as an infringement of the right of marital privacy.[115] This right was, in turn, the foundation upon which the Supreme Court built decisions in several landmark cases, including, Roe v. Wade (1973), which overturned a Texas law making it a crime to assist a woman to get an abortion, and Planned Parenthood v. Casey (1992), which invalidated a Pennsylvania law that required spousal awareness prior to obtaining an abortion.
Tenth Amendment
Main article: Tenth Amendment to the United States 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.[92]
The Tenth Amendment reinforces the principles of separation of powers and federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or the people. The amendment provides no new powers or rights to the states, but rather preserves their authority in all matters not specifically granted to the federal government.[116]
Congress has sometimes gotten around the Tenth Amendment by invoking the Commerce Clause in Article One[117] or by threatening to withhold funding for a federal program from noncooperative States, as in South Dakota v. Dole (1987).
Display and honoring of the Bill of Rights
George Washington had fourteen handwritten copies of the Bill of Rights made, one for Congress and one for each of the original thirteen states.[118] The copies for Georgia, Maryland, New York, and Pennsylvania went missing.[119] The New York copy is thought to have been destroyed in a fire.[120] Two unidentified copies of the missing four (thought to be the Georgia and Maryland copies) survive; one is in the National Archives, and the other is in the New York Public Library.[121][122] North Carolina's copy was stolen from the State Capitol by a Union soldier following the Civil War. In an FBI sting operation, it was recovered in 2003.[123][124] The copy retained by the First Congress has been on display (along with the Constitution and the Declaration of Independence) in the Rotunda for the Charters of Freedom room at the National Archives Building in Washington, D.C. since December 13, 1952.[125]
After fifty years on display, signs of deterioration in the casing were noted, while the documents themselves appeared to be well preserved.[126] Accordingly, the casing was updated and the Rotunda rededicated on September 17, 2003. In his dedicatory remarks, President George W. Bush stated, "The true [American] revolution was not to defy one earthly power, but to declare principles that stand above every earthly power—the equality of each person before God, and the responsibility of government to secure the rights of all."[127]
In 1941, President Franklin D. Roosevelt declared December 15 to be Bill of Rights Day, commemorating the 150th anniversary of the ratification of the Bill of Rights.[128] In 1991, the Virginia copy of the Bill of Rights toured the country in honor of its bicentennial, visiting the capitals of all fifty states.[129]
See also
United States portal
Law portal
Human rights portal
Anti-Federalism
Constitutionalism in the United States
Four Freedoms
Institute of Bill of Rights Law
Patients' [bill of] rights
Second Bill of Rights
Substantive due process
Taxpayer Bill of Rights
Virginia Statute for Religious Freedom
We Hold These Truths
References
Notes
Jump up ^ Probably Robert Yates[18]
Citations
^ Jump up to: a b "The Charters of Freedom: The Bill of Rights". Washington D.C.: National Archives and Records Administration. Retrieved October 4, 2015.
Jump up ^ James Madison's Proposed Amendments to the Constitution. Annals of Congress. June 8, 1789. https://www.archives.gov/legislative/resources/education/bill-of-rights/images/handout-2.pdf
^ Jump up to: a b The U.S. Constitution and Constitutional Law. Britannica Educational Publishing. 2012. pp. 105–08. ISBN 9781615307555 – via Google Books.
Jump up ^ "Bill of Rights – Facts & Summary". History.com. Retrieved December 8, 2015.
^ Jump up to: a b c Lloyd, Gordon. "Introduction to the Constitutional Convention". Teaching American History. Retrieved October 6, 2007.
Jump up ^ Stewart, p. 47.
Jump up ^ Beeman, p. 59.
Jump up ^ Beeman, p. 341.
^ Jump up to: a b Beeman, p. 343.
Jump up ^ Rakove, p. 327.
^ Jump up to: a b Stewart, p. 226.
Jump up ^ Rakove, p. 288.
Jump up ^ Beeman, p. 363.
Jump up ^ "Federal Convention, Resolution and Letter to the Continental Congress". The Founders' Constitution. The University of Chicago Press. p. 195, Volume 1, Chapter 6, Document 11. Retrieved March 6, 2014.
Jump up ^ Labunski, p. 20.
Jump up ^ Labunski, p. 63.
Jump up ^ "Jefferson's letter to Madison, March 15, 1789". The Founders' Constitution. Retrieved March 9, 2006.
Jump up ^ Hamilton et al., p. 436
Jump up ^ Brutus, p. 376
Jump up ^ Brutus, p. 377
Jump up ^ Rakove, p. 325.
Jump up ^ Labunski, p. 62.
Jump up ^ Rakove, p. 323.
Jump up ^ "On opposition to a Bill of Rights". The Founders' Constitution. University of Chicago Press. Retrieved February 28, 2006.
Jump up ^ Labunski, pp. 59–60.
Jump up ^ Beeman, p. 388.
Jump up ^ Beeman, pp. 389–90.
Jump up ^ Beeman, p. 390.
^ Jump up to: a b Maier, p. 431.
Jump up ^ Labunksi, pp. 113–15
^ Jump up to: a b Brookhiser, p. 80.
Jump up ^ Maier, p. 430.
Jump up ^ Maier, p. 429.
Jump up ^ Maier, p. 433.
Jump up ^ Brookhiser, p. 76.
Jump up ^ Labunski, pp. 159, 174.
Jump up ^ Labunski, p. 161.
Jump up ^ Labunski, p. 162.
Jump up ^ Brookhiser, p. 77.
Jump up ^ Labunski, p. 192.
Jump up ^ Labunski, p. 188.
Jump up ^ Gordon Lloyd. "Anticipating the Bill of Rights in the First Congress". TeachingAmericanHistory.org. Ashland, Ohio: The Ashbrook Center at Ashland University. Retrieved June 23, 2014.
^ Jump up to: a b Labunski, p. 198.
Jump up ^ Labunski, p. 199.
^ Jump up to: a b Madison introduced "amendments culled mainly from state constitutions and state ratifying convention proposals, especially Virginia's." Levy, p. 35
Jump up ^ Virginia Declaration of Rights. Library of Congress. Accessed July 12, 2013.
Jump up ^ Ellis, p. 210.
Jump up ^ Ellis, p. 212.
Jump up ^ Lloyd, Gordon Lloyd. "Madison's Speech Proposing Amendments to the Constitution: June 8, 1789". 50 Core Documents That Tell America's Story, teachingamericanhistory.org. Ashland, Ohio: Ashbrook Center at Ashland University. Retrieved August 9, 2018.
Jump up ^ Labunski, pp. 203–205.
Jump up ^ Labunski, p. 215.
Jump up ^ Labunski, p. 201.
Jump up ^ Brookhiser, p. 81.
Jump up ^ Labunski, p. 217.
Jump up ^ Labunski, pp. 218–220.
Jump up ^ Ellis, p. 207.
Jump up ^ Labunski, p. 235.
Jump up ^ Labunski, p. 237.
Jump up ^ Labunski, p. 221.
Jump up ^ Adamson, Barry (2008). Freedom of Religion, the First Amendment, and the Supreme Court: How the Court Flunked History. Pelican Publishing. p. 93. ISBN 9781455604586 – via Google Books.
Jump up ^ Graham, John Remington (2009). Free, Sovereign, and Independent States: The Intended Meaning of the American Constitution. Foreword by Laura Tesh. Footnote 54, pp. 193–94. ISBN 9781455604579 – via Google Books.
Jump up ^ Wood, p. 71.
^ Jump up to: a b c d Levy, Leonard W. (1986). "Bill of Rights (United States)". Encyclopedia of the American Constitution. – via HighBeam Research (subscription required). Retrieved July 16, 2013.
^ Jump up to: a b Wood, p. 69.
Jump up ^ Ellis, p. 206.
Jump up ^ Gordon Lloyd. "The Four Stages of Approval of the Bill of Rights in Congress and the States". TeachingAmericanHistory.org. Ashland, Ohio: The Ashbrook Center at Ashland University. Retrieved June 23, 2014.
Jump up ^ "The Constitution of the United States of America: Analysis and Interpretation, Centennial Edition, Interim Edition: Analysis of Cases Decided by the Supreme Court of the United States to June 26, 2013" (PDF). Washington, DC: U.S. Government Printing Office. 2013. p. 25. Retrieved April 13, 2014.
Jump up ^ James J. Kilpatrick, ed. (1961). The Constitution of the United States and Amendments Thereto. Virginia Commission on Constitutional Government. p. 64.
Jump up ^ Wonning, Paul R. (2012). A Short History of the United States Constitution: The Story of the Constitution the Bill of Rights and the Amendments. Mossy Feet Books. pp. 27–28. ISBN 9781310451584 – via Google Books.
Jump up ^ "Ratifications of the Amendments to the Constitution of the United States | Teaching American History". teachingamericanhistory.org. Retrieved September 10, 2016.
Jump up ^ "Founders Online: From George Washington to the United States Senate and House o …". Retrieved 2018-03-12.
Jump up ^ Kyvig, pp. 464–467.
^ Jump up to: a b Dean, John W. (September 27, 2002). "The Telling Tale of the Twenty-Seventh Amendment". FindLaw. Retrieved June 23, 2014.
Jump up ^ Bernstein, Richard B. (1992). "The Sleeper Wakes: The History and Legacy of the Twenty-Seventh Amendment". Fordham Law Review. 61 (3): 537. Retrieved February 15, 2016.
Jump up ^ Bernstein, Richard B. (2000). "Twenty-Seventh Amendment". Encyclopedia of the American Constitution. – via HighBeam Research (subscription required). Retrieved July 16, 2013.
Jump up ^ Kaminski, John P.; Saladino, Gaspare J.; Leffler, Richard; Schoenleber, Charles H.; Hogan, Margaret A. "The Documentary History of the Ratification of the Constitution, Digital Edition" (PDF). Charlottesville: University of Virginia Press.
Jump up ^ Kyvig, p. 108.
Jump up ^ Wood, p. 72.
Jump up ^ "The Bill Of Rights: A Brief History". ACLU. Retrieved 21 April 2015.
Jump up ^ Labunski, p. 258.
Jump up ^ Labunski, pp. 258–259.
Jump up ^ "Barron v. Mayor & City Council of Baltimore – 32 U.S. 243 (1833)". Justia.com. Retrieved July 11, 2013.
Jump up ^ Levy, Leonard W. (January 1, 2000). "BARRON v. CITY OF BALTIMORE 7 Peters 243 (1833)". Encyclopedia of the American Constitution. – via HighBeam Research (subscription required). Retrieved July 11, 2013.
Jump up ^ Labunski, p. 259.
Jump up ^ Deloria, Vine Jr. (2000). "American Indians and the Constitution". Encyclopedia of the American Constitution. – via HighBeam Research (subscription required). Retrieved July 16, 2013.
Jump up ^ "Primary Documents in American History", Library of Congress
^ Jump up to: a b Jeffrey Jowell and Jonathan Cooper (2002). Understanding Human Rights Principles. Oxford and Portland, Oregon: Hart Publishing. p. 180. ISBN 9781847313157. Retrieved 16 March 2017.
^ Jump up to: a b Loveland, Ian (2002). "Chapter 18 – Human Rights I: Traditional Perspectives". Constitutional Law, Administrative Law, and Human Rights: A Critical Introduction (Seventh ed.). London: Oxford University Press. p. 559. ISBN 9780198709039. Retrieved 16 March 2017.
^ Jump up to: a b Jayawickrama, Nihal (2002). The Judicial Application of Human Rights Law: National, Regional and International Jurisprudence. Cambridge: Cambridge University Press. p. 98. ISBN 9780521780421. Retrieved 16 March 2017.
^ Jump up to: a b c West Virginia State Board of Education v. Barnette , 319 U.S. 624, Majority Opinion, item 3 (US 1943) (“"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections."”).
^ Jump up to: a b Obergefell v. Hodges, No. 14-556, slip op. at 24 (U.S. June 26, 2015).
^ Jump up to: a b c d e f g h i j "Bill of Rights Transcript". Archives.gov. Retrieved May 15, 2010.
^ Jump up to: a b c d Cox, Archibald (1986). "First Amendment". Encyclopedia of the American Constitution. – via HighBeam Research (subscription required). Retrieved July 16, 2013.
Jump up ^ New York Times Co. v. Sullivan, 376 U.S. 254 (1964)
Jump up ^ Near v. Minnesota, 283 U.S. 697 (1931)
Jump up ^ New York Times Co. v. United States, 403 U.S. 713 (1971)
Jump up ^ McAffee, Thomas B.; Michael J. Quinlan (March 1997). "Bringing Forward The Right To Keep And Bear Arms: Do Text, History, Or Precedent Stand In The Way?". North Carolina Law Review: 781.
Jump up ^ 92 U.S. 542 (1875)
Jump up ^ 307 U.S. 174 (1939)
Jump up ^ 554 U.S. 570 (2008)
Jump up ^ 561 U.S. 3025 (2010)
Jump up ^ Liptak, Adam (June 28, 2010). "Justices Extend Firearm Rights in 5-to-4 Ruling". The New York Times. Retrieved December 17, 2012.
Jump up ^ "The Third Amendment". Revolutionary War and Beyond. September 7, 2012. Retrieved February 26, 2014.
Jump up ^ Mahoney, Dennis J. (1986). "Third Amendment". Encyclopedia of the American Constitution. – via HighBeam Research (subscription required). Retrieved July 15, 2013.
Jump up ^ "Third Amendment". U*X*L Encyclopedia of U.S. History. – via HighBeam Research (subscription required). January 1, 2009. Retrieved July 15, 2013.
Jump up ^ "Exclusionary rule". Encyclopædia Britannica. Retrieved July 15, 2013.
Jump up ^ "Fourth Amendment". Encyclopædia Britannica. Retrieved July 15, 2013.
Jump up ^ "Fifth Amendment". Gale Encyclopedia of Everyday Law. – via HighBeam Research (subscription required). January 1, 2006. Retrieved July 15, 2013.
^ Jump up to: a b "The Sixth Amendment". Constitutional Amendments: From Freedom of Speech to Flag Burning. – via HighBeam Research (subscription required). January 1, 2008. Retrieved July 15, 2013.
Jump up ^ Mahoney, Dennis J. (1986). "Seventh Amendment". Encyclopedia of the American Constitution. – via HighBeam Research (subscription required). Retrieved July 15, 2013.
Jump up ^ Bessler, p. 194.
^ Jump up to: a b Krantz, Sheldon (1986). "Cruel and Unusual Punishment". Encyclopedia of the American Constitution. – via HighBeam Research (subscription required). Retrieved July 16, 2013.
Jump up ^ "U*X*L Encyclopedia of U.S. History". UXL Encyclopedia of American History. January 1, 2009. Retrieved July 15, 2013.
^ Jump up to: a b Weisberg, Robert (1986). "Capital Punishment". Encyclopedia of the American Constitution. – via HighBeam Research (subscription required). Retrieved July 16, 2013.
Jump up ^ "The Constitution of the United States of America: Analysis and Interpretation, Centennial Edition, Interim Edition: Alalysis of Cases Decided by the Supreme Court of the United States to June 26, 2013" (PDF). Washington, DC: U.S. Government Printing Office. 2013. pp. 1738–39. Retrieved April 13, 2014.
Jump up ^ "Tenth Amendment". Encyclopædia Britannica. Retrieved July 19, 2013.
Jump up ^ Epstein, Richard A. (2014). The Classical Liberal Constitution. Cambridge, Massachusetts: Harvard University Press. p. 13. ISBN 978-0-674-72489-1.
Jump up ^ Frieden, Terry (March 19, 2003). "FBI recovers original copy of Bill of Rights". CNN. Retrieved April 25, 2008.
Jump up ^ "Bill of Rights FAQs" (PDF). constitutioncenter.org. National Constitution Center. Retrieved February 19, 2016.
Jump up ^ "Background on the Bill of Rights and the New York Ratification of the Bill of Rights". U.S. National Archives and Records Administration. 2007. Retrieved July 28, 2008.
Jump up ^ "Primary Documents in American History: The Bill of Rights". The Library of Congress.
Jump up ^ "History of the Bill of Rights" History of the Bill of Rights: Where are they today?
Jump up ^ "Treasures of Carolina: Stories from the State Archives Opens Oct. 24". ncdcr.gov. North Carolina Department of Natural and Cultural Resources. Retrieved February 15, 2016.
Jump up ^ "The U.S. Marshals Service Takes Possession of North Carolina's Copy of the Bill of Rights". U.S. Marshals Service. Retrieved July 28, 2008.
Jump up ^ Parkinson, Hilary (December 13, 2011). "A homecoming for six pages of parchment". The National Archives. Retrieved February 15, 2016.
Jump up ^ Mary Lynn Ritzenthaler and Catherine Nicholson, "A New Era Begins for the Charters of Freedom". March 14, 2006. Archived from the original on January 2, 2008. Prologue, Fall 2003.
Jump up ^ For Know-It-Alls (2008). The United States Bill of Rights for Know-It-Alls. Filiquarian Publishing, LLC. p. 27. ISBN 1599862255 – via Google Books.
Jump up ^ Grier, Peter (December 15, 2009). "Bill of Rights Day: what Obama says about it". Christian Science Monitor. Retrieved July 10, 2013.
Jump up ^ "Bill of Rights Tour Opens in Kansas City". The Nevada Daily Mail. September 18, 1991. Retrieved July 11, 2013 – via Google Books.
Bibliography
Amar, Akhil Reed (1998). The Bill of Rights. Yale University Press.
Beeman, Richard (2009). Plain, Honest Men: The Making of the American Constitution. Random House.
Berkin, Carol (2015). The Bill of Rights: The Fight to Secure America's Liberties. Simon & Schuster.
Bessler, John D. (2012). Cruel and Unusual: The American Death Penalty and the Founders' Eighth Amendment. University Press of New England.
Brookhiser, Richard (2011). James Madison. Basic Books.
Brutus (1787) "To the Citizens of the State of New York". In The Complete Anti-Federalist, Volume 1 (2008). Ed. Herbert J. Storing. University of Chicago Press.
Ellis, Joseph J. (2015). The Quartet: Orchestrating the Second American Revolution. New York: Alfred A. Knopf. ISBN 9780385353410 – via Google Books.
Hamilton, Alexander, Madison, James, and Jay, John (2003) The Federalist: With Letters of Brutus. Ed. Terence Ball. Cambridge University Press.
Kyvig, David E. (1996). Explicit and Authentic Acts: Amending the U.S. Constitution, 1776–1995. Lawrence: University Press of Kansas. ISBN 0-7006-0931-8 – via Google Books.
Labunski, Richard E. (2006). James Madison and the struggle for the Bill of Rights. Oxford University Press.
Levy, Leonard W. (1999). Origins of the Bill of Rights. Yale University Press.
Maier, Pauline (2010). Ratification: The People Debate the Constitution, 1787–1788. Simon & Schuster.
Rakove, Jack N. (1996). Original Meanings. Alfred A. Knopf.
Stewart, David O. (2007). The Summer of 1787. Simon & Schuster.
Wood, Gordon S. (2009). Empire of Liberty: A History of the Early Republic, 1789–1815. Oxford University Press.
Further reading
Barnett, Randy (2008). "The Encyclopedia of Libertarianism". In Hamowy, Ronald. The Encyclopedia of Libertarianism. Thousand Oaks, CA: SAGE; Cato Institute. pp. 32–33. doi:10.4135/9781412965811.n20. ISBN 978-1-4129-6580-4. LCCN 2008009151. OCLC 750831024 – via Google Books.
Bodenhamer, David J.; James W. Ely (2008). The Bill of Rights in modern America. Indiana University Press. ISBN 978-0-253-21991-6 – via Google Books.
Bordewich, Fergus M. The First Congress: How James Madison, George Washington, and a Group of Extraordinary Men Invented the Government (2016) on 1789–1791.
Cogan, Neil H. (2015). The Complete Bill of Rights: The Drafts, Debates, Sources, and Origins. Second edition. New York: Oxford University Press.
Schwartz, Bernard (1992). The great rights of mankind: a history of the American Bill of Rights. Rowman & Littlefield. ISBN 978-0-945612-28-5 – via Google Books.
Smith, Rich (2007). The Bill of Rights: Defining Our Freedoms. ABDO. ISBN 978-1-59928-913-7 – via Google Books.
Stair, Nancy L. (2003). The Bill of Rights: a primary source investigation into the first ten amendments of the Constitution. The Rosen Publishing Group. p. 53. ISBN 978-0-8239-3800-1.
External links
Wikimedia Commons has media related to United States Bill of Rights.
Wikisource has original text related to this article:
United States Bill of Rights
Wikiquote has quotations related to: United States Bill of Rights
National Archives: The full text of the United States Bill of Rights
Bill of Rights at Encyclopædia Britannica
Footnote.com (partners with the National Archives): Online viewer with High-resolution image of the original document
Library of Congress: Bill of Rights and related resources
Alexander Hamilton, Federalist, no. 84, 575–81, on opposition to the Bill of Rights
TeachingAmericanHistory.org – Bill of Rights
United States Bill of Rights at Project Gutenberg
Bill of Rights public domain audiobook at LibriVox
show
v
t
e
United States Constitution
Articles
Preamble
I
II
III
IV
V
VI
VII
Amendments
Ratified
Bill of Rights
1
2
3
4
5
6
7
8
9
10
1795 – 1804
11
12
Reconstruction
13
14
15
Twentieth century
16
17
18
19
20
21
22
23
24
25
26
27
Pending
Congressional Apportionment
Titles of Nobility
Corwin Amendment
Child Labor
Unsuccessful
Equal Rights
District of Columbia Voting Rights
Amendment proposals in Congress
Convention to propose amendments
State ratifying conventions
Formation
History
Articles of Confederation
Mount Vernon Conference
Annapolis Convention
Philadelphia Convention
Virginia Plan
New Jersey Plan
Connecticut Compromise
Three-Fifths Compromise
Committee of Detail
Signing
Independence Hall
Syng inkstand
The Federalist Papers
Anti-Federalist Papers
Massachusetts Compromise
Virginia Ratifying Convention
Hillsborough Convention
Rhode Island ratification
Drafting and ratification timeline
Clauses
Appointments
Appropriations
Assistance of Counsel
Case or Controversy
Citizenship
Commerce
Compact
Compulsory Process
Confrontation
Congressional enforcement
Contract
Copyright and Patent
Double Jeopardy
Due Process
Equal Protection
Establishment
Exceptions
Excessive Bail
Ex post facto
Extradition
Free Exercise
Free Speech
Fugitive Slave
Full Faith and Credit
General Welfare
Guarantee
Impeachment
Import-Export
Ineligibility
Militia
Natural-born citizen
Necessary and Proper
New States
No Religious Test
Oath or Affirmation
Origination
Pardon
Petition
Postal
Presentment
Presidential succession
Privileges and Immunities
Privileges or Immunities
Recess appointment
Recommendation
Self-Incrimination
Speech or Debate
Speedy Trial
State of the Union
Supremacy
Suspension
Take Care
Takings
Taxing and Spending
Territorial
Title of Nobility
Treaty
Trial by Jury
Vesting
Vicinage
War Powers
List of clauses
Interpretation
Concurrent powers
Constitutional law
Criminal procedure
Criminal sentencing
Dormant Commerce Clause
Enumerated powers
Equal footing
Executive privilege
Incorporation of the Bill of Rights
Judicial review
Nondelegation doctrine
Preemption
Saxbe fix
Separation of church and state
Separation of powers
Taxation power
Unitary executive theory
Display
and legacy
National Archives
Charters of Freedom Rotunda
Independence Mall
Constitution Day
Constitution Gardens
National Constitution Center
Scene at the Signing of the Constitution (painting)
A More Perfect Union (film)
USS Constitution
Worldwide influence
US Government Portal • Law Portal • Wikipedia book
show
v
t
e
United States articles
History
By event
Timeline of U.S. history
Pre-Columbian era
Colonial era
Thirteen Colonies
military history
Continental Congress
American Revolution
War
American frontier
Confederation Period
Drafting and ratification of Constitution
Federalist Era
War of 1812
Territorial acquisitions
Territorial evolution
Mexican–American War
Civil War
Reconstruction Era
Indian Wars
Gilded Age
Progressive Era
African-American civil rights movement 1865–1896 / 1896–1954 / 1954–1968
Spanish–American War
Imperialism
World War I
Roaring Twenties
Great Depression
World War II
home front
Nazism in the United States
American Century
Cold War
Korean War
Space Race
Feminist Movement
Vietnam War
Post-Cold War (1991–2008)
War on Terror
War in Afghanistan
Iraq War
Recent events (2008–present)
By topic
Outline of U.S. history
Demographic
Discoveries
Economic
debt ceiling
Inventions
before 1890
1890–1945
1946–91
after 1991
Military
Postal
Technological and industrial
Geography
Territory
counties
federal district
federal enclaves
Indian reservations
insular zones
minor outlying islands
populated places
states
Earthquakes
Extreme points
Islands
Mountains
peaks
ranges
Appalachian
Rocky
National Park Service
National Parks
Regions
East Coast
West Coast
Great Plains
Gulf
Mid-Atlantic
Midwestern
New England
Pacific
Central
Eastern
Northern
Northeastern
Northwestern
Southern
Southeastern
Southwestern
Western
Longest rivers
Arkansas
Colorado
Columbia
Mississippi
Missouri
Red (South)
Rio Grande
Yukon
Time
Water supply and sanitation
Politics
Federal
Executive
Cabinet
Civil service
Executive departments
Executive Office
Independent agencies
Law enforcement
President of the United States
Public policy
Legislative
House of Representatives
current members
Speaker
Senate
current members
President pro tempore
Vice President
Judicial
Courts of appeals
District courts
Supreme Court
Law
Bill of Rights
civil liberties
Code of Federal Regulations
Constitution
federalism
preemption
separation of powers
Federal Reporter
United States Code
United States Reports
Intelligence
Central Intelligence Agency
Defense Intelligence Agency
Federal Bureau of Investigation
National Geospatial-Intelligence Agency
National Reconnaissance Office
National Security Agency
Office of the Director of National Intelligence
Uniformed
Armed Forces
Army
Marine Corps
Navy
Air Force
Coast Guard
National Guard
NOAA Corps
Public Health Service Corps
51st state
political status of Puerto Rico
District of Columbia statehood movement
Elections
Electoral College
Foreign relations
Foreign policy
Hawaiian sovereignty movement
Ideologies
anti-Americanism
exceptionalism
nationalism
Local government
Parties
Democratic
Republican
Third parties
Red states and blue states
Purple America
Scandals
State government
governor
state legislature
state court
Uncle Sam
Economy
By sector
Agriculture
Banking
Communications
Energy
Insurance
Manufacturing
Mining
Tourism
Trade
Transportation
Companies
by state
Currency
Exports
Federal budget
Federal Reserve System
Financial position
Labor unions
Public debt
Social welfare programs
Taxation
Unemployment
Wall Street
Society
Culture
Americana
Architecture
Cinema
Cuisine
Dance
Demography
Education
Family structure
Fashion
Flag
Folklore
Languages
American English
Indigenous languages
ASL
Black American Sign Language
HSL
Plains Sign Talk
Arabic
Chinese
French
German
Italian
Russian
Spanish
Literature
Media
Journalism
Internet
Newspapers
Radio
Television
Music
Names
People
Philosophy
Public holidays
Religion
Sexuality
Sports
Theater
Visual art
Social class
Affluence
American Dream
Educational attainment
Homelessness
Home-ownership
Household income
Income inequality
Middle class
Personal income
Poverty
Professional and working class conflict
Standard of living
Wealth
Issues
Ages of consent
Capital punishment
Crime
incarceration
Criticism of government
Discrimination
Ableism
affirmative action
antisemitism
intersex rights
Islamophobia
LGBT rights
racism
same-sex marriage
Drug policy
Energy policy
Environmental movement
Gun politics
Health care
abortion
health insurance
hunger
obesity
smoking
Human rights
Immigration
illegal
International rankings
National security
Mass surveillance
Terrorism
Separation of church and state
Outline
Index
Book
Category
Portal
show
v
t
e
James Madison
4th President of the United States (1809–1817)
5th U.S. Secretary of State (1801–1809)
United States House of Representatives (1789–1797)
Congress of the Confederation (1781–1783)
Virginia House of Delegates (1776–1779, 1784–1786)
"Father of the
Constitution"
Co-wrote, 1776 Virginia Constitution
1786 Annapolis Convention
1787 Constitutional Convention
Virginia Plan
Constitution of the United States
Notes of Debates in the Federal Convention of 1787
The Federalist Papers
written by Madison
No. 10
No. 51
Virginia Ratifying Convention
United States Bill of Rights
27th amendment
Constitution drafting and ratification timeline
Founding Fathers
Presidency
First inauguration
Second inauguration
Tecumseh's War
Battle of Tippecanoe
War of 1812
origins
Burning of Washington
The Octagon House
Treaty of Ghent
Seven Buildings residence
results
Second Barbary War
Era of Good Feelings
Second Bank of the United States
State of the Union Address (1810
1814
1815
1816)
Cabinet
Federal judiciary appointments
Other noted
accomplisments
Co-founder, American Whig Society
Supervised the Louisiana Purchase
Anti-Administration party
Residence Act
Compromise of 1790
Democratic-Republican Party
First Party System
republicanism
Library of Congress
Virginia and Kentucky Resolutions
Report of 1800
Other writings
The Papers of James Madison
Life
Early life and career
Belle Grove Plantation, birthplace
Montpelier
Elections
U.S. House of Representatives election, 1789
1790
1792
1794
U.S. presidential election, 1808
1812
Legacy and
popular culture
James Madison Memorial Building
James Madison University
James Madison College
Madison, Wisconsin
Madison Square
Madison River
Madison Street
U.S. postage stamps
James Madison Memorial Fellowship Foundation
James Madison Freedom of Information Award
James Madison Award
James Madison Institute
A More Perfect Union (1989 film)
Liberty's Kids (2002 series)
Hamilton (2015 musical)
Related
Age of Enlightenment
American Enlightenment
Marbury v. Madison
National Gazette
Paul Jennings
Madisonian Model
American Philosophical Society
The American Museum magazine
Virginia dynasty
Family
Dolley Madison (wife)
John Payne Todd (stepson)
James Madison, Sr. (father)
Nelly Conway Madison (mother)
William Madison (brother)
Ambrose Madison (paternal grandfather)
James Madison (cousin)
George Madison (paternal second-cousin)
Thomas Madison (paternal second-cousin)
John Madison (great-grandfather)
← Thomas Jefferson
James Monroe →
Category
show
v
t
e
George Mason
United States
Founding events
Drafted, 1769 Virginia Association resolutions
Primary author, 1774 Fairfax Resolves
Primary author, 1776 Virginia Declaration of Rights
"All men are created equal"
Life, Liberty and the pursuit of Happiness
Freedom of the press
Freedom of religion
Consent of the governed
Baseless search and seizure
Cruel and unusual punishment
Speedy trial
1776 Virginia Constitution
1785 Mount Vernon Conference
1787 Constitutional Convention
Virginia Ratifying Convention
Co-father, United States Bill of Rights
history
Founding Father
Writings inspired
1789 Declaration of the Rights of Man and of the Citizen (France)
1789 United States Bill of Rights
Life
Chopawamsic plantation
Gunston Hall
On slavery
Ohio Company
Legacy
George Mason Memorial
George Mason University
George Mason Stadium
George Mason Memorial Bridge
George Mason High School
18-cent postage stamp
Related
Age of Enlightenment
American Enlightenment
American Revolution
patriots
Wilson v. Mason
Hollin Hall
Woodbridge plantation
Mason's Island
Family
George Mason V (son)
William Mason (son)
Thomson Mason (son)
John Mason (son)
Thomas Mason (son)
George Mason III (father)
Thomson Mason (brother)
George Mason II (grandfather)
Authority control
WorldCat Identities
GND: 4187279-4
LCCN: n83073936
VIAF: 186307101
Retrieved from "https://en.wikipedia.org/w/index.php?title=United_States_Bill_of_Rights&oldid=856399034"
Categories:
1st United States Congress
1791 in American politics
1791 in American law
Amendments to the United States Constitution
American Enlightenment
George Mason
History of the United States (1789–1849)
James Madison
National human rights instruments
Official documents of the United States
Presidency of George Washington
United States Constitution
Hidden categories:
Subscription required using via
Pages containing links to subscription-only content
Wikipedia indefinitely semi-protected pages
Wikipedia indefinitely move-protected pages
Good articles
Use mdy dates from January 2017
All articles with unsourced statements
Articles with unsourced statements from July 2018
Articles containing potentially dated statements from 2018
All articles containing potentially dated statements
Articles with Encyclopædia Britannica links
Articles with Project Gutenberg links
Articles with LibriVox links
Wikipedia articles with GND identifiers
Wikipedia articles with LCCN identifiers
Wikipedia articles with VIAF identifiers
Navigation menu
Personal tools
Not logged in
Talk
Contributions
Create account
Log in
Namespaces
Article
Talk
Variants
Views
Read
View source
View history
More
Search
Navigation
Main page
Contents
Featured content
Current events
Random article
Donate to Wikipedia
Wikipedia store
Interaction
Help
About Wikipedia
Community portal
Recent changes
Contact page
Tools
What links here
Related changes
Upload file
Special pages
Permanent link
Page information
Wikidata item
Cite this page
Print/export
Create a book
Download as PDF
Printable version
In other projects
Wikimedia Commons
Wikibooks
Wikiquote
Wikisource
Languages
العربية
Azərbaycanca
Беларуская
Български
Català
Čeština
Deutsch
Eesti
Ελληνικά
Español
Esperanto
فارسی
Français
한국어
हिन्दी
Hrvatski
Ido
Bahasa Indonesia
Íslenska
עברית
Latina
Latviešu
Lietuvių
Magyar
മലയാളം
Bahasa Melayu
Nederlands
日本語
Norsk
Polski
Português
Română
Русский
Scots
සිංහල
Simple English
Slovenčina
Српски / srpski
Srpskohrvatski / српскохрватски
Suomi
Svenska
தமிழ்
Türkçe
Українська
اردو
Tiếng Việt
中文
38 more
Edit links
This page was last edited on 24 August 2018, at 22:19 (UTC).
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.
Privacy policy
About Wikipedia
Disclaimers
Contact Wikipedia
Developers
Cookie statement
Mobile view
Enable previews

values: mw-page-base noprint

values: mw-head-base noprint

values: This is a good article. Follow the link for more information.

values: mw-indicator-good-star mw-indicator

values: mw-indicator-pp-default mw-indicator

values: firstHeading firstHeading en

values: siteSub noprint

values: mw-jump-link #mw-head

values: mw-jump-link #p-search

values: National Archives and Records Administration

values: Greater coat of arms of the United States.svg

values: Preamble to the United States Constitution

values: Article One of the United States Constitution

values: Article Two of the United States Constitution

values: Article Three of the United States Constitution

values: Article Four of the United States Constitution

values: Article Five of the United States Constitution

values: Article Six of the United States Constitution

values: Article Seven of the United States Constitution

values: List of amendments to the United States Constitution

values: First Amendment to the United States Constitution

values: Second Amendment to the United States Constitution

values: Third Amendment to the United States Constitution

values: Fourth Amendment to the United States Constitution

values: Fifth Amendment to the United States Constitution

values: Sixth Amendment to the United States Constitution

values: Seventh Amendment to the United States Constitution

values: Eighth Amendment to the United States Constitution

values: Ninth Amendment to the United States Constitution

values: Tenth Amendment to the United States Constitution

values: Eleventh Amendment to the United States Constitution

values: Twelfth Amendment to the United States Constitution

values: Thirteenth Amendment to the United States Constitution

values: Fourteenth Amendment to the United States Constitution

values: Fifteenth Amendment to the United States Constitution

values: Sixteenth Amendment to the United States Constitution

values: Seventeenth Amendment to the United States Constitution

values: Eighteenth Amendment to the United States Constitution

values: Nineteenth Amendment to the United States Constitution

values: Twentieth Amendment to the United States Constitution

values: Twenty-first Amendment to the United States Constitution

values: Twenty-second Amendment to the United States Constitution

values: Twenty-third Amendment to the United States Constitution

values: Twenty-fourth Amendment to the United States Constitution

values: Twenty-fifth Amendment to the United States Constitution

values: Twenty-sixth Amendment to the United States Constitution

values: District of Columbia Voting Rights Amendment

values: History of the United States Constitution

values: Timeline of drafting and ratification of the United States Constitution

values: Constitutional Convention (United States)

values: Signing of the United States Constitution

values: s:Constitution of the United States of America

values: s:Additional amendments to the United States Constitution

values: s:Portal:Unsuccessful attempts to amend the United States Constitution

values: padding:0.3em 0.4em 0.3em;font-weight:bold;border-top:1px #aaa solid; border-bottom:1px #aaa solid;

values: Template talk:US Constitution article series

values: float:right;clear:right;width:22.0em;margin:0 0 1.0em 1.0em;background:#f9f9f9;border:1px solid #aaa;padding:0.2em;border-spacing:0.4em 0;text-align:center;line-height:1.4em;font-size:88%

values: This claim needs references to reliable sources. (July 2018)

values:
noprint Inline-Template Template-Fact
white-space:nowrap;

values: checkbox button toctogglecheckbox toctogglecheckbox display:none

values:
/wiki/Individual_rights
mw-redirect
Individual rights

values:
/wiki/John_Lansing,_Jr.
mw-redirect
John Lansing, Jr.

values: Constitutional convention (political meeting)

values:
/wiki/Trial_by_jury
mw-redirect
Trial by jury

values:
/wiki/Bill_of_Rights_of_1689
mw-redirect
Bill of Rights of 1689

values: United States congressional conference committee

values:
col
25%
background: #f0f8e7; padding: 1em

values: West Virginia State Board of Education v. Barnette

values: Freedom of the press in the United States

values:
/wiki/English_common_law
mw-redirect
English common law

values:
/wiki/New_York_Times_v._United_States
mw-redirect
New York Times v. United States

values:
/wiki/McDonald_v._Chicago
mw-redirect
McDonald v. Chicago

values: plainlinks noexcerpt noprint asof-tag update

values: display:table-cell;padding:0.2em 0.2em 0.2em 0.3em;vertical-align:middle

values: margin:0.5em 0 0.5em 1em;border:solid #aaa 1px

values:
reflist mw-references-wrap
list-style-type: lower-alpha;

values:
nofollow
external text
http://laws.findlaw.com/us/319/624.html

values: List of United States Supreme Court cases, volume 376

values: List of United States Supreme Court cases, volume 283

values: List of United States Supreme Court cases, volume 403

values: List of United States Supreme Court cases, volume 92

values: List of United States Supreme Court cases, volume 307

values: List of United States Supreme Court cases, volume 554

values: -moz-column-width: 30em; -webkit-column-width: 30em; column-width: 30em; list-style-type: decimal;

values:
nofollow
external text
//lccn.loc.gov/2008009151

values:
nofollow
external text
//www.worldcat.org/oclc/750831024

values: commons:Category:United States Bill of Rights

values: wikisource:Special:Search/United States Bill of Rights

values: q:Special:Search/United States Bill of Rights

values:
nofollow
http://teachingamericanhistory.org/bor/
external text

values: List of proposed amendments to the United States Constitution

values: Convention to propose amendments to the United States Constitution

values: Ratification of the United States Constitution by Rhode Island

values:
/wiki/Guarantee_Clause
mw-redirect
Guarantee Clause

values: Oath of office of the President of the United States

values: United States presidential line of succession

values: List of clauses of the United States Constitution

values: United States constitutional criminal procedure

values: United States constitutional sentencing law

values:
/wiki/Enumerated_powers
mw-redirect
Enumerated powers

values: Separation of church and state in the United States

values: Separation of powers under the United States Constitution

values: Scene at the Signing of the Constitution of the United States

values: United States Constitution and worldwide influence

values: nowraplinks collapsible autocollapse navbox-inner mw-collapsible mw-made-collapsible mw-collapsed

values: Territorial evolution of the United States

values:
/wiki/Reconstruction_Era
mw-redirect
Reconstruction Era

values: African-American civil rights movement (1865–1896)

values: African-American civil rights movement (1896–1954)

values: History of the United States (1865–1918)

values: Military history of the United States during World War II

values: United States home front during World War II

values: History of the United States (1991–2008)

values: History of the United States (2008–present)

values: Demographic history of the United States

values: Timeline of United States inventions (before 1890)

values: Timeline of United States inventions (1890–1945)

values: Timeline of United States inventions (1946–91)

values: Timeline of United States inventions (after 1991)

values: Postage stamps and postal history of the United States

values: Technological and industrial history of the United States

values: Lists of populated places in the United States

values: List of earthquakes in the United States

values: List of extreme points of the United States

values: List of mountain peaks of the United States

values: List of areas in the United States National Park System

values:
/wiki/Pacific_States
mw-redirect
Pacific States

values: Drinking water supply and sanitation in the United States

values: United States federal executive departments

values: Executive Office of the President of the United States

values: Independent agencies of the United States government

values: Federal law enforcement in the United States

values: Current members of the United States House of Representatives

values: Speaker of the United States House of Representatives

values: Current members of the United States Senate

values: President pro tempore of the United States Senate

values: United States Public Health Service Commissioned Corps

values: Political ideologies in the United States

values: List of federal political scandals in the United States

values: List of companies of the United States by state

values:
/wiki/Cuisine_of_the_United_States
mw-redirect
Cuisine of the United States

values: Chinese language and varieties in the United States

values: Educational attainment in the United States

values: Professional and working class conflict in the United States

values: Criticism of the United States government

values:
/wiki/Ableism_in_the_United_States
mw-redirect
Ableism in the United States

values: Federal drug policy of the United States

values: Environmental movement in the United States

values: Illegal immigration to the United States

values: International rankings of the United States

values:
/wiki/Book:United_States
mw-redirect
Book:United States

values: nowraplinks hlist collapsible collapsed navbox-inner mw-collapsible mw-collapsed mw-made-collapsible

values: List of Secretaries of State of the United States

values:
/wiki/Virginia_Constitution#1776
mw-redirect
Virginia Constitution

values: Notes of Debates in the Federal Convention of 1787

values: Category:Federalist Papers by James Madison

values: 27th Amendment to the United States Constitution

values: List of federal judges appointed by James Madison

values: United States House of Representatives elections, 1789

values: United States House of Representatives elections, 1790

values: United States House of Representatives elections, 1792

values: United States House of Representatives elections, 1794

values: United States presidential election, 1808

values: United States presidential election, 1812

values:
/wiki/Madison_Square
mw-redirect
Madison Square

values:
/wiki/Madison_Street_(disambiguation)
mw-redirect mw-disambig
Madison Street (disambiguation)

values: Presidents of the United States on U.S. postage stamps

values: James Madison Memorial Fellowship Foundation

values: James Madison Freedom of Information Award

values:
/wiki/Madisonian_Model
mw-redirect
Madisonian Model

values:
/wiki/James_Madison,_Sr.
mw-redirect
James Madison, Sr.

values:
/wiki/Nelly_Conway_Madison
mw-redirect
Nelly Conway Madison

attrs: alt src title width height srcset data-file-width data-file-height

values: nowraplinks hlist collapsible autocollapse navbox-inner mw-collapsible mw-made-collapsible mw-collapsed

values: Life, Liberty and the pursuit of Happiness

values: Declaration of the Rights of Man and of the Citizen

values:
nofollow
external text
https://d-nb.info/gnd/4187279-4

values:
nofollow
external text
https://viaf.org/viaf/186307101

values: Category:Amendments to the United States Constitution

values: Category:History of the United States (1789–1849)

values: Category:National human rights instruments

values: Category:Official documents of the United States

values: Category:Presidency of George Washington

values: Category:Subscription required using via

values: Category:Pages containing links to subscription-only content

values: Category:Wikipedia indefinitely semi-protected pages

values: Category:Wikipedia indefinitely move-protected pages

values: Category:Use mdy dates from January 2017

values: Category:All articles with unsourced statements

values: Category:Articles with unsourced statements from July 2018

values: Category:Articles containing potentially dated statements from 2018

values: Category:All articles containing potentially dated statements

values: Category:Articles with Encyclopædia Britannica links

values: Category:Articles with Project Gutenberg links

values: Category:Wikipedia articles with GND identifiers

values: Category:Wikipedia articles with LCCN identifiers

values: Category:Wikipedia articles with VIAF identifiers

values: Discussion about edits from this IP address [ctrl-alt-n]

values: A list of edits made from this IP address [ctrl-alt-y]

values: You are encouraged to create an account and log in; however, it is not mandatory

values: You're encouraged to log in; however, it's not mandatory. [ctrl-alt-o]

values:
/wiki/United_States_Bill_of_Rights
View the content page [ctrl-alt-c]
c

values: Discussion about the content page [ctrl-alt-t]

values: p-namespaces navigation vectorTabs p-namespaces-label

values:
p-variants
navigation
vectorMenu emptyPortlet
p-variants-label

values:
This page is protected.
You can view its source [ctrl-alt-e]

values: Past revisions of this page [ctrl-alt-h]

values: p-views navigation vectorTabs p-views-label

values:
p-cactions
navigation
vectorMenu emptyPortlet
p-cactions-label

values:
mw-wiki-logo
/wiki/Main_Page
Visit the main page

values:
/wiki/Main_Page
Visit the main page [ctrl-alt-z]
z

values: Featured content – the best of Wikipedia

values: Find background information on current events

values: portal navigation p-wikibase-otherprojects p-wikibase-otherprojects-label

values: وثيقة حقوق الولايات المتحدة – Arabic

values:
interlanguage-link interwiki-az
display: none;

values: Біль аб правах (ЗША) – Belarusian

values:
interlanguage-link interwiki-be
display: none;

values: Закон за правата (САЩ) – Bulgarian

values:
interlanguage-link interwiki-bg
display: none;

values: Declaració de Drets de la Constitució dels Estats Units – Catalan

values:
interlanguage-link interwiki-ca
display: none;

values: Listina práv (Spojené státy americké) – Czech

values:
interlanguage-link interwiki-cs
display: none;

values: Bill of Rights (Vereinigte Staaten) – German

values:
interlanguage-link interwiki-de
display: none;

values:
interlanguage-link interwiki-et
display: none;

values: Διακήρυξη των Ανθρωπίνων Δικαιωμάτων (1791) – Greek

values:
interlanguage-link interwiki-el
display: none;

values: Carta de Derechos de los Estados Unidos – Spanish

values:
interlanguage-link interwiki-eo
display: none;

values: منشور حقوق ایالات متحده آمریکا – Persian

values:
interlanguage-link interwiki-fa
display: none;

values: Déclaration des Droits (États-Unis) – French

values:
interlanguage-link interwiki-fr
display: none;

values:
interlanguage-link interwiki-ko
display: none;

values: अमेरिकी अधिकार विधेयक १७८९ – Hindi

values:
interlanguage-link interwiki-hr
display: none;

values:
interlanguage-link interwiki-io
display: none;

values:
interlanguage-link interwiki-is
display: none;

values: מגילת הזכויות של ארצות הברית – Hebrew

values:
interlanguage-link interwiki-he
display: none;

values: Rogatio Iurum Civitatum Foederatarum – Latin

values:
interlanguage-link interwiki-la
display: none;

values:
interlanguage-link interwiki-lv
display: none;

values: Jungtinių Valstijų Teisių bilis – Lithuanian

values:
interlanguage-link interwiki-lt
display: none;

values:
interlanguage-link interwiki-hu
display: none;

values: യുണൈറ്റഡ് സ്റ്റേറ്റ്‌സ് ബിൽ ഓഫ് റൈറ്റ്സ് – Malayalam

values:
interlanguage-link interwiki-ml
display: none;

values: Bill of Rights (Verenigde Staten) – Dutch

values:
interlanguage-link interwiki-nl
display: none;

values:
interlanguage-link interwiki-ja
display: none;

values:
interlanguage-link interwiki-no
display: none;

values: Karta praw Stanów Zjednoczonych – Polish

values:
interlanguage-link interwiki-pl
display: none;

values: Declaração dos Direitos dos Estados Unidos – Portuguese

values:
interlanguage-link interwiki-pt
display: none;

values: interlanguage-link interwiki-ro badge-Q17437798 badge-goodarticle

values: Билль о правах (США) – Russian

values:
interlanguage-link interwiki-sco
display: none;

values: අයිතීන්ගේ ව්‍යවස්ථා කෙටුම් පනත – Sinhala

values:
interlanguage-link interwiki-si
display: none;

values: United States Bill of Rights – Simple English

values:
interlanguage-link interwiki-simple
display: none;

values:
interlanguage-link interwiki-sk
display: none;

values: Повеља о правима (Сједињене Америчке Државе) – Serbian

values:
interlanguage-link interwiki-sr
display: none;

values: Povelja o pravima (Sjedinjene Američke Države) – Serbo-Croatian

values:
interlanguage-link interwiki-sh
display: none;

values:
interlanguage-link interwiki-fi
display: none;

values:
interlanguage-link interwiki-sv
display: none;

values: உரிமைகளின் சட்டம் (ஐக்கிய அமெரிக்கா) – Tamil

values:
interlanguage-link interwiki-ta
display: none;

values:
interlanguage-link interwiki-tr
display: none;

values: Білль про права (США) – Ukrainian

values:
interlanguage-link interwiki-uk
display: none;

values: ریاستہائے متحدہ منشور حقوق – Urdu

values: Tuyên ngôn nhân quyền Hoa Kỳ – Vietnamese

values:
interlanguage-link interwiki-vi
display: none;

values: 美国权利法案 – Chinese

values: interlanguage-link interwiki-zh badge-Q17437798 badge-goodarticle

values: All languages (initial selection from common choices by you and others)

values: /static/images/wikimedia-button-1.5x.png 1.5x, /static/images/wikimedia-button-2x.png 2x

values: /static/images/poweredby_mediawiki_132x47.png 1.5x, /static/images/poweredby_mediawiki_176x62.png 2x

values:
suggestions
display: none; font-size: 13px;

values: mediawiki ltr sitedir-ltr mw-hide-empty-elt ns-0 ns-subject page-United_States_Bill_of_Rights rootpage-United_States_Bill_of_Rights skin-vector action-view