December 15, 1791
During the ratification debates over the Constitution, Thomas Jefferson wrote to James Madison that “a bill of rights is what the people are entitled to against every government on earth.” Madison replied, in a letter of October, 1787, that he did not think the new government and Constitution were defective without a formal bill of rights, but agreed that its addition could be useful for securing liberty on occasions in the future. Americans would come to view a bill of rights, he wrote, as embodying the “fundamental maxims of free government” to which they could appeal on those occasions when government overstepped its constitutional bounds. In this, Madison predicted with great insight just how much the Bill of Rights would come to inform the constitutional mind of the American people.
Questions for consideration: How many rights are guaranteed by the First Amendment, and what do those rights all have in common? How many of the rights in the Bill of Rights are among the violations by the King of Great Britain listed in the Declaration of Independence? What effect do the Ninth and Tenth Amendments have on the rights of the people and the powers of the state and national governments?
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 assembly, and to petition the Government for a redress of grievances.
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.
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.
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.
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 offense 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.
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 defense.
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.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the 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.Core Document