1791

The Bill of Rights

The first ten amendments — limits a free people placed on its own government.

The Bill of Rights is the first ten amendments to the Constitution, ratified in 1791. Several states had refused to ratify the Constitution without a promise that explicit protections of individual liberty would be added immediately. This is the keeping of that promise.

The key thing to understand: these amendments do not grant rights. Consistent with the Declaration, they assume the rights already exist and instead restrain the government from violating them. The recurring grammar is 'Congress shall make no law…', 'shall not be infringed', 'shall not be violated.' They are limits on power, not gifts of permission.

The First protects conscience and its expression — religion, speech, press, assembly, petition. The Second, the right to bear arms. The Third through Eighth protect you against an overbearing state in your home and in court — no forced quartering of troops, no unreasonable searches, due process, no self-incrimination, speedy public jury trials, no cruel and unusual punishment.

The Ninth and Tenth are the philosophical capstones. The Ninth says the people have other rights beyond those listed. The Tenth says any power not given to the federal government is reserved to the states or the people. Together they encode the founding assumption: government has only the powers it was explicitly granted; everything else belongs to you.

This is the foundation the book stands on.

Get Rage and Reason

The first ten amendments to the Constitution of the United States, ratified December 15, 1791.

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 re-examined 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.

Source: National Archives transcription. Original spelling preserved.