United States Bill of Rights

[MUKHTIAR ALI]

United States Bill of Rights

The United States Bill of Rights consists of the first ten amendments to the United States Constitution. These amendments limit the powers of the federal government, protecting the rights of all people by preventing Congress from abridging freedom of speech, freedom of the press, freedom of assembly, freedom of religious worship, the freedom to petition, and the right to keep and bear arms, preventing unreasonable search and seizure, cruel and unusual punishment, and compelled self-incrimination, and guaranteeing due process of law and a speedy public trial with an impartial jury. In addition, the Bill of Rights states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people,"[1] and reserves all powers not granted to the Federal government to the citizenry or States. These amendments came into effect on December 15, 1791, when ratified by three-fourths of the States.

Initially drafted by James Madison in 1789, the Bill of Rights was written at a time when ideological conflict between Federalists and anti-Federalists, dating from the Philadelphia Convention in 1787, threatened the Constitution's ratification. The Bill was influenced by George Mason's 1776 Virginia Declaration of Rights, the 1689 English Bill of Rights, works of the Age of Enlightenment pertaining to natural rights, and earlier English political documents such as the Magna Carta (1215). The Bill was largely a response to the Constitution's influential opponents, including prominent Founding Fathers, who argued that it failed to protect the basic principles of human liberty.

The Bill of Rights plays a central role in American law and government, and remains a fundamental symbol of the freedoms and culture of the nation. One of the original fourteen copies of the Bill of Rights is on public display at the National Archives in Washington, DC.

The original documents actually contain twelve amendments; however, the first two were not initially ratified, though the second one was ratified two centuries later as the 27th Amendment. Since the first two amendments dealt with Congress itself rather than the rights of the people, the term "Bill of Rights" has traditionally meant only the amendments numbered "third" through "twelfth" in the documents, which were ratified as the first ten amendments; that traditional usage has continued even since the ratification of the 27th Amendment.

BACKGROUND

The Philadelphia Convention set out to correct weaknesses inherent in the Articles of Confederation that had been apparent even before the American Revolutionary War had been successfully concluded: It was widely conceded that the government needed broader power to generate revenue, as Congress lacked authority to levy taxes; the Liberum Veto and the requirement of a supermajority to enact major legislation enabled one or two States to defeat legislative proposals; no provisions were made for an executive branch to enforce the laws or for a national court system to interpret them; and individual states could refuse to be bound under treaties and agreements negotiated with foreign powers.

This need for a stronger legislature, a unified currency, and a central authority with a power to conduct affairs of state led to the stronger Federal government adopted by compromise at the Convention.

The newly constituted Federal government, a product of the Connecticut Compromise between the New Jersey Plan and the Virginia Plan, included a strong executive branch, a stronger legislative branch and an independent judiciary. However, ardent debate between political factions known as the Federalists and anti-Federalists ensued over the balance between strengthening the nation's government and weakening the rights of the people who only ten years earlier had explicitly rebelled against the tyranny of George III of England.


-------------------------------------
Founding Documents
of the United States
Declaration of Independence (1776)
Articles of Confederation (1777)
Constitution (1787)
Bill of Rights (1789)
---------------------------------

Text of the Bill of Rights
Preamble
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."



Amendments
The Bill of Rights

First ten amendments to the
United States Constitution

First Amendment
Second Amendment
Third Amendment
Fourth Amendment
Fifth Amendment
Sixth Amendment
Seventh Amendment
Eighth Amendment
Ninth Amendment
Tenth Amendment

First Amendment – Freedom of speech, press, religion, peaceable assembly, and to petition the government.
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.

Second Amendment – Right to keep and bear arms.
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.

Third Amendment – Protection from quartering of troops.
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.

Fourth Amendment – Protection from unreasonable search and seizure.
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.

Fifth Amendment – Due process, double jeopardy, self-incrimination, private property.
No person shall be held to answer for any 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.

Sixth Amendment – Trial by jury and other rights of the accused.
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 where in 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 defense.

Seventh Amendment – Civil trial by jury.
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.

Eighth Amendment – Prohibition of excessive bail, as well as cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment – Powers of states and people
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.