The Bill of Rights
Amendments 1-10 (Ratified December 15, 1791)
Selected Constitutional Text
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 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...
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... 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...
Amendment VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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 First Ten Amendments
1st Amendment
The government may not set an official state religion. It also may not keep people from having freedom of religion, speech, press, assembly, or the right to petition the government.
2nd Amendment
Because militias are needed to keep the country safe, Americans have the right to have weapons.
3rd Amendment
Makes it illegal for soldiers to stay in private homes during peace times without the owners' permission.
4th Amendment
Police must have a good reason to search a person's property. First, they must go to a neutral judge, show evidence, and explain how the search would help.
5th Amendment
Before a person is charged with a crime, a grand jury must agree there is enough evidence. Person has due process rights and does not have to incriminate themselves. No double jeopardy.
6th Amendment
Right to a fair, quick, public trial by jury. Right to be told charges, question accusers, call witnesses, and get a lawyer.
7th Amendment
People have the right to a trial by jury in some lawsuits.
8th Amendment
Makes it illegal to give people cruel and unusual punishments, or very large fines or bail.
9th Amendment
The Constitution did not include every right that Americans have. If rights were not listed, that does not mean Americans do not have those rights.
10th Amendment
The federal government only has the powers given to it. Reserved powers belong to the states or the people.
Discussion Questions
A) Second Amendment
Is the right to own a gun absolute or does the right have to be balanced with concerns for public safety? Explain your opinion.
B) Fourth Amendment & National Security
When considering national security, should the President and Congress be allowed to look past the requirement to obtain judicial permission to conduct searches of property or electronics?
C) Ninth Amendment
Thomas Jefferson argued a Bill of Rights was necessary while Alexander Hamilton argued that listing rights could be limiting. Does the Ninth Amendment accurately address Hamilton's concern that unlisted rights might not be protected?
Key Takeaways
- 1st Amendment protects five fundamental freedoms
- 4th-8th Amendments protect rights of the accused
- 9th Amendment protects unenumerated rights
- 10th Amendment reserves powers to states and people