Bill of Rights
Ratified on December 15, 1791
Transcription of the 1789 Joint Resolution of Congress
Proposing 12 Amendments to the U.S. Constitution
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.
ATTEST,
Frederick Augustus Muhlenberg, Speaker of the House of RepresentativesJohn Adams, Vice-President of the United States, and President of the SenateJohn Beckley, Clerk of the House of Representatives.Sam. A Otis Secretary of the Senate
"A Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference."
President Thomas Jefferson
“The Bill of Rights is the United States. The United States is the Bill of Rights. Compromise the Bill of Rights and you dissolve the very foundation upon which the Union stands… Nowhere in the Bill of Rights are the words ‘unless inconvenient’ to be found.”
A. E. Samaan, historian
"The Bill of Rights wasn’t enacted to give us any rights. It was enacted so the Government could not take away from us any rights that we already had."
Kenneth G. Eade, author
"Education on the value of free speech and the other freedoms reserved by the Bill of Rights, about what happens when you don’t have them, and about how to exercise and protect them, should be an essential prerequisite for being an American citizen — or indeed a citizen of any nation, the more so to the degree that such rights remain unprotected. If we can’t think for ourselves, if we’re unwilling to question authority, then we’re just putty in the hands of those in power. But if the citizens are educated and form their own opinions, then those in power work for us…In the demon-haunted world that we inhabit by virtue of being human, this may be all that stands between us and the enveloping darkness.”
Carl Sagan, astronomer
Understanding the Bill of Rights
Following the ratification of the Constitution in 1787, there was significant debate regarding the lack of explicit protections for individual rights. Supporters of the Constitution, known as Federalists, argued that a bill of rights was unnecessary because the Constitution itself limited the government’s powers. They believed that since the powers of the government were enumerated, any rights not specified remained with the people. In contrast, the Anti-Federalists, who were critical of the Constitution, argued fiercely for a Bill of Rights. They feared that without explicit protections, the new federal government would be prone to tyranny and could infringe upon the liberties of individuals and states. The Anti-Federalists believed a Bill of Rights was essential to ensure the protection of fundamental civil liberties, such as freedom of speech, religion, and the right to bear arms.
To address the criticisms of the Anti-Federalists and ensure the Constitution’s ratification, James Madison proposed a series of amendments that would become the Bill of Rights. This compromise was essential in gaining the support of many who were hesitant to ratify the Constitution without clear safeguards for individual rights.
The ongoing ability to amend the Constitution reflects the document’s dynamic nature, allowing for adaptability to changing societal values and norms. Each of the 27 amendments plays a crucial role in safeguarding various aspects of American life, from civil liberties to democratic processes.
Adding Amendments
The process for adding amendments to the Constitution is outlined in Article V. An amendment can be proposed in one of two ways:
1. By a two-thirds majority vote in both the House of Representatives and the Senate.
2. By a national constitutional convention called by two-thirds of the state legislatures (this method has never been used). Once proposed, an amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states.
Total Number of Amendments
As of now, there are 27 amendments to the United States Constitution.
1. First Amendment (1791): Guarantees freedoms concerning religion, expression, assembly, and the right to petition.
2. Second Amendment (1791): Protects the right of the people to keep and bear arms.
3. Third Amendment (1791): Prohibits the quartering of soldiers in private homes during peacetime without consent.
4. Fourth Amendment (1791): Protects against unreasonable searches and seizures; requires warrants to be judicially sanctioned and supported by probable cause.
5. Fifth Amendment (1791): Ensures the right to due process, protects against double jeopardy and self-incrimination, and governs eminent domain.
6. Sixth Amendment (1791): Guarantees the right to a fair and speedy public trial by an impartial jury in criminal cases, as well as the right to counsel.
7. Seventh Amendment (1791): Provides for the right to trial by jury in civil cases involving more than twenty dollars.
8. Eighth Amendment (1791): Prohibits excessive bail, excessive fines, and cruel and unusual punishment.
9. Ninth Amendment (1791): States that the enumeration of certain rights in the Constitution does not mean that other unenumerated rights do not exist and are retained by the people.
10. Tenth Amendment (1791): Affirms that powers not delegated to the federal government, nor prohibited to the states, are reserved to the states or the people.
11. Eleventh Amendment (1795): Limits the ability of individuals to sue states in federal court without the state's consent.
12. Twelfth Amendment (1804): Revises the procedure for electing the President and Vice President.
13. Thirteenth Amendment (1865): Abolishes slavery and involuntary servitude, except as punishment for a crime.
14. Fourteenth Amendment (1868): Grants citizenship to all persons born or naturalized in the U.S. and guarantees equal protection under the laws.
15. Fifteenth Amendment (1870): Prohibits the denial of voting rights based on race, color, or previous condition of servitude.
16. Sixteenth Amendment (1913): Allows the federal government to impose an income tax.
17. Seventeenth Amendment (1913): Establishes the direct election of U.S. Senators by popular vote.
18. Eighteenth Amendment (1919): Prohibits the manufacture, sale, and transportation of intoxicating liquors (later repealed by the Twenty-First Amendment).
19. Nineteenth Amendment (1920): Grants women the right to vote.
20. Twentieth Amendment (1933): Changes the dates for the start of presidential and congressional terms (the "Lame Duck Amendment").
21. Twenty-First Amendment (1933): Repeals the Eighteenth Amendment, thereby ending Prohibition and allowing the legal manufacture, sale, and transportation of alcoholic beverages.
22. Twenty-Second Amendment (1951): Limits the President to two elected terms in office.
23. Twenty-Third Amendment (1961): Grants the District of Columbia electoral votes in presidential elections, allowing residents to vote for President and Vice President.
24. Twenty-Fourth Amendment (1964): Prohibits the use of poll taxes in federal elections.
25. Twenty-Fifth Amendment (1967): Establishes procedures for presidential succession and addressing Presidential incapacity.
26. Twenty-Sixth Amendment (1971): Lowers the voting age to 18 years, ensuring that citizens who are 18 years old cannot be denied the right to vote based on age.
27. Twenty-Seventh Amendment (1992): Delays congressional pay raises until after the next election, ensuring that any pay changes cannot take effect until after the representatives stand for election.
