The Constitution was ratified without a bill of rights. Several states agreed to ratify only on the understanding that one would be added.
James Madison drafted the amendments, the First Congress proposed twelve in 1789, and ten were ratified by December 15, 1791. Together they are the Bill of Rights.
The Ten Amendments in Plain English
- First: Congress may not establish a religion or prohibit its free exercise, or abridge freedom of speech, the press, peaceable assembly, or the right to petition the government
- Second: The right of the people to keep and bear arms shall not be infringed. The Supreme Court held in District of Columbia v. Heller (2008) that this is an individual right
- Third: Soldiers may not be quartered in private homes in peacetime without the owner’s consent
- Fourth: Protection against unreasonable searches and seizures; warrants require probable cause and must describe what is to be searched
- Fifth: Grand jury indictment for serious federal crimes, no double jeopardy, no compelled self-incrimination, due process of law, and just compensation when private property is taken for public use
- Sixth: In criminal cases, a speedy and public trial by an impartial jury, notice of the charges, the right to confront witnesses, and the assistance of counsel
- Seventh: Jury trial in federal civil cases over twenty dollars
- Eighth: No excessive bail or fines, and no cruel and unusual punishment
- Ninth: Listing certain rights does not mean the people have no others
- Tenth: Powers not delegated to the federal government, nor prohibited to the states, are reserved to the states or to the people
From Washington to Your Town Hall
Originally, the Bill of Rights restrained only the federal government. After the Fourteenth Amendment was ratified in 1868, the Supreme Court gradually held that most of its protections also apply to state and local governments through the Due Process Clause. This is called incorporation. Today, it is why a city police department, not just the FBI, must respect the Fourth Amendment.
Rights Require Citizens
A right that no one understands is easy to lose. Many of the hardest questions Truth Trench covers, from surveillance technology to speech online, come down to how these 462 words apply to tools the Founders never imagined.
Keep Digging With Truth Agent
This article is a starting point. Truth Agent puts the public record at your fingertips, including the Constitution, federal law, regulations, court opinions and oversight reports, so you can read the full text of every amendment and the court opinions that interpret them without relying on anyone’s summary, including ours.
