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The American Bill of Rights:The first ten ammendments to the Constitution


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The American Bill of Rights

During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.

On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12, however, ratified by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights.

 

THE FIRST 10 AMENDMENTS TO THE CONSTITUTION AS RATIFIED BY THE STATES

Note: The following text is a transcription of the first 10 amendments to the Constitution in their original form.

These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights."

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


A Voice of Dissent: George Mason

"It has no declaration of rights"

As the delegates gathered at the Pennsylvania State House in May 1787 to "revise" the Articles of Confederation, Virginia delegate George Mason wrote, "The Eyes of the United States are turned upon this Assembly and their Expectations raised to a very anxious Degree." Mason had earlier written the Virginia Declaration of Rights that strongly influenced Thomas Jefferson in writing the first part of the Declaration of Independence. He left the convention bitterly disappointed, however, and became one of the Constitution's most vocal opponents. "It has no declaration of rights," he was to state. Ultimately, George Mason's views prevailed. When James Madison drafted the amendments to the Constitution that were to become the Bill of Rights, he drew heavily upon the ideas put forth in the Virginia Declaration of Rights


Note: The joint resolution of Congress proposing 12 articles as amendments to the Constitution was enrolled on parchment by William Lambert, a Clerk of the House. It was signed by Frederick Augustus Muhlenberg, Speaker of the House, on September 28, 1789, and by John Adams, President of the Senate, shortly thereafter. The Bill of Rights, as the document is now known, is on permanent display in the Rotunda of the National Archives.

 

: Related pages :

[ The Federalist papers ]

1787-88 Authored by Alexander Hamilton, James Madison, and John Jay.

[ The Declaration of Independence transcription ] [ The Constitution of the United States ]

[ Original 12 Amendments transcription ] [ Constitutional Amendments 11-27 transcription ]

[ The Gettysburg Address ]

[ The library of Congress American Memory web Site ] [ Find out what happened Today in history ]

[ visit the national archives' online exhibit hall ] [ National Archives and Records Administration ]



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