THE PREAMBLE TO THE BILL OF RIGHTS
Congress of the United States begun and held at the City of New
York, on Wednesday the fourth of March, one thousand seven hundred
and eighty nine.
THE Conventions of a number of the States, having at the time of
their adopting the Constitution, expressed a desire, in order to
prevent misconstruction or abuse of its powers, that further declaratory
and restrictive clauses should be added: And as extending the ground
of public confidence in the Government, will best ensure the beneficent
ends of its institution.
RESOLVED by the Senate and House of Representatives of the United
States of America, in Congress assembled, two thirds of both Houses
concurring, that the following Articles be proposed to the Legislatures
of the several States, as amendments to the Constitution of the
United States, all, or any of which Articles, when ratified by three
fourths of the said Legislatures, to be valid to all intents and
purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the
United States of America, proposed by Congress, and ratified by
the Legislatures of the several States, pursuant to the fifth Article
of the original Constitution.
Amendment I - Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a redress
of grievances.
Government can neither impose a state religion upon you nor
punish you for exercising the religion of your choice. You may
express your opinions, write and publish what you wish, gather
peacefully with others, and formally ask government to correct
injustices.
Amendment II - A well regulated Militia, being necessary
to the security of a free State, the right of the people to keep
and bear Arms, shall not be infringed.
Individuals ("the people") have the right to own and use weapons
without interference from the government.
Amendment III - No Soldier shall, in time of peace be quartered
in any house, without the consent of the Owner, nor in time of war,
but in a manner to be prescribed by law.
The government cannot force you to house its agents.
Amendment IV - The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to
be seized.
You may not be arrested or "detained" arbitrarily. No agency
of government may inspect or seize your property or possessions
without first obtaining a warrant. To obtain a warrant, they must
show specific cause for the search or seizure and swear under
oath that they are telling the truth about these reasons. Furthermore,
the warrant itself must state specifically and in detail the place,
things, or people it covers. Warrants that are too general or
vague are not valid; searches or seizures that exceed the terms
of the warrant are not valid.
Amendment V - No person shall be held to answer for a capital,
or otherwise infamous crime, unless on a presentment or indictment
of a Grand Jury, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or public
danger; nor shall any person be subject for the same offence to
be twice put in jeopardy of life or limb; nor shall be compelled
in any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law; nor shall
private property be taken for public use, without just compensation.
No one outside the military may be tried for a serious crime
without first being indicted by a grand jury (of citizens). Once
found not guilty, a person may not be tried again for the same
deed. You can't be forced to be a witness or provide evidence
against yourself in a criminal case. You can't be sent to prison
or have your assets seized without due process. The government
can't take your property without paying market value for it.
Amendment VI - In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public trial, by an impartial
jury of the State and district wherein the crime shall have been
committed, which district shall have been previously ascertained
by law, and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the Assistance
of Counsel for his defence.
Trials cannot be unreasonably postponed or held in secret.
In any criminal case against you, you have a right to public trial
by a jury of unbiased citizens (thus ensuring that the state can't
use a "party-line" judge to railroad you). The trial must be held
in the state or region where the crime was committed. You cannot
be held without charges. You cannot be held on charges that are
kept secret from you. You have a right to know who is making accusations
against you and to confront those witnesses in court. You have
the right to subpoena witnesses to testify in your favor and a
right to the services of an attorney.
Amendment VII - In suits at common law, where the value
in controversy shall exceed twenty dollars, the right of trial by
jury shall be preserved, and no fact tried by a jury, shall be otherwise
reexamined in any Court of the United States, than according to
the rules of the common law.
The right to trial by jury extends to civil, as well as criminal,
cases. Once a jury has made its decision, no court can overturn
or otherwise change that decision except via accepted legal processes
(for instance, granting of a new trial when an appeals court determines
that your rights were violated in the original proceeding).
Amendment VIII - Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments inflicted.
Bail, fines, and punishments must all fit the crime and punishments
must not be designed for cruelty.
Amendment IX - The enumeration in the Constitution, of certain
rights, shall not be construed to deny or disparage others retained
by the people.
You have more rights than are specifically listed in the Bill
of Rights.
Amendment X - The powers not delegated to the United States
by the Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people.
The U.S. federal government has only those specific powers
granted to it by the Constitution. All other powers belong either
to the states or to individuals.
The Ninth and Tenth Amendments, taken together, mean that the federal
government has only the authority granted to it, while the people
are presumed to have any right or power not specifically forbidden
to them. The Bill of Rights as a whole is dedicated to describing
certain key rights of the people that the government is categorically
forbidden to remove, abridge, or infringe. The Bill of Rights clearly
places the people in charge of their own lives, and the government
within strict limits - the very opposite of the situation we have
allowed to develop today.
