The Bill of Rights
First Ten Amendments to the United States Constitution
Ratified December 15, 1791
Historical Context
The Bill of Rights emerged from the contentious ratification debates over the Constitution. Anti-Federalists feared the new federal government would become tyrannical without explicit protections for individual rights. To secure ratification, Federalists promised to add a bill of rights as the first order of business in the new Congress.
James Madison, initially skeptical of the need for a bill of rights, became its chief architect. He synthesized proposals from state ratifying conventions, particularly Virginia's Declaration of Rights, into twelve proposed amendments. Congress approved these on September 25, 1789, and ten were ratified by the states on December 15, 1791.
Ratification Process
Virginia's ratification on December 15, 1791, provided the necessary three-fourths majority. The two unratified amendments dealt with congressional apportionment and congressional pay (the latter was finally ratified in 1992 as the 27th Amendment).
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.
The Amendments
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.
Key Protections: Religion, Speech, Press, Assembly, Petition
Modern Application: Foundation of American civil liberties, incorporated against states through 14th Amendment
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.
Structure: Contains both prefatory clause ("A well regulated Militia...") and operative clause ("the right of the people...")
Key Terms:
- "Well regulated" - In 18th century usage, meant properly functioning or disciplined
- "Militia" - Body of citizens capable of military service
- "Keep and bear" - Possess and carry
- "Arms" - Weapons suitable for military or self-defense use
- "Shall not be infringed" - Strong prohibition on government interference
Modern Interpretation: DC v. Heller (2008) established individual right; McDonald v. Chicago (2010) applied to states
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.
Historical Context: Response to British Quartering Acts
Modern Relevance: Rarely litigated, not incorporated against states
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.
Key Concepts: Probable cause, warrant requirement, reasonable expectation of privacy
Note: Uses same "right of the people" language as Second Amendment
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.
Key Protections: Grand jury, double jeopardy, self-incrimination, due process, takings
Militia Reference: Exception for military justice
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.
Criminal Justice Rights: Speedy trial, jury, confrontation, counsel
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.
Civil Trials: Jury right in federal civil cases
Not Incorporated: States not required to provide civil juries
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Criminal Justice Limits: Proportionality in punishment
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Unenumerated Rights: Recognition that rights exist beyond those listed
Madison's Concern: Addressed fear that listing rights implied others didn't exist
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.
Federalism: Limits federal power, reserves power to states and people
Understanding the Bill of Rights
Common Themes
- Individual Rights: Most amendments protect individual liberties
- "The People": Phrase appears in 1st, 2nd, 4th, 9th, and 10th Amendments
- Government Limits: Restricts federal (and later state) power
- Criminal Justice: Amendments 4-8 focus on criminal procedure
The Second Amendment in Context
The Second Amendment sits between the First Amendment's civil liberties and the Third Amendment's protection against quartering. This placement reflects the Founders' view of an armed citizenry as both:
- A check on government tyranny (like speech and press)
- A defense against military oppression (like quartering prohibition)
- An individual liberty (using "right of the people" language)
Madison's Original Placement
Interestingly, Madison originally proposed inserting the arms right into Article I, Section 9 (limits on Congress) between clauses 3 and 4. This would have placed it among other restrictions on federal power, emphasizing its role as a limitation on government rather than a grant of power.
Legacy and Impact
Immediate Impact
The Bill of Rights initially applied only to the federal government. States had their own declarations of rights, many of which preceded and influenced the federal Bill of Rights.
Incorporation Through the 14th Amendment
After the Civil War, the Fourteenth Amendment (1868) eventually led to most Bill of Rights protections applying to states:
- Gradual Process: Supreme Court incorporated rights selectively over 150+ years
- Second Amendment: Not incorporated until McDonald v. Chicago (2010)
- Near-Total Incorporation: Most provisions now apply to states
Global Influence
The Bill of Rights influenced constitutions worldwide, though many nations structure rights differently. The Second Amendment remains uniquely American in its explicit constitutional protection of arms bearing.
How to Cite This Document
Primary Source: U.S. Constitution, amends. I-X (1791).
This Page: SecondAmendment.net. (2024). Bill of Rights (1791) - Complete Text. Retrieved from https://secondamendment.net/primary-sources/bill-of-rights/