The Bill of Rights

The first ten amendments to the Constitution are known as the Bill of Rights. These ten amendments are a guarantee of limited government because they act as a check on the power of the federal government. The Bill of Rights was not automatically drafted into the original principles of the Constitution but was instead added to the Constitution as ten separate amendments in 1791.

The rights guaranteed by these amendments are not absolute. For example, despite freedom of speech, you can't slander or libel someone. You also can't shout "Fire!" in a crowded building because it would create a dangerous situation. Freedom of the press can also be restricted if publishing a story would cause serious harm, such as a breach of national security.

Despite these restrictions, the protections provided by the Bill of Rights are crucial for safeguarding the rights of Americans.

First Amendment

TEXTEXPLANATION

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.

The First Amendment states that Congress cannot create or establish a state church nor prohibit the right of the people to participate in religion. Each citizen is guaranteed the right to free speech and press, to peaceably assemble, and to petition the government to air any grievances.

Second Amendment

TEXTEXPLANATION

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.

The government cannot infringe upon the right of the people to keep and bear arms.

Third Amendment

TEXTEXPLANATION

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 government cannot force the people to house ("quarter") soldiers during a time of peace, but Congress can make laws regarding this issue during war.

Fourth Amendment

TEXTEXPLANATION

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.

A person and his or her home and property cannot be searched or seized unless an official obtains a warrant. There must be probable cause for a judge to issue that warrant.

Fifth Amendment

TEXTEXPLANATION

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.

A person cannot be brought to trial unless a grand jury indicts him or her based on evidence. In addition, a person cannot be tried for the same crime twice—this protection is known as double jeopardy.

Citizens also cannot be forced to testify against themselves. This is how the phrase "pleading the Fifth" originated. A person cannot be punished unless found guilty in a fair trial. Private property can be taken for the government to use only if the owner is given a fair price for said property.

Sixth Amendment

TEXTEXPLANATION

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.

People who are accused of a crime are guaranteed a fair and speedy public trial by an impartial jury of the state or district in which the crime was committed. Those accused of a crime also have the right to know the charges they are facing, the right to hear the testimony of their accusers, and the right to present witnesses on their behalf. The accused have the right to an attorney, and a court-appointed attorney will be provided if anyone cannot afford an attorney.

Seventh Amendment

TEXTEXPLANATION

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.

The right to a trial by jury is protected for all civil lawsuits involving twenty dollars or more.

Eighth Amendment

TEXTEXPLANATION

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

People accused of a crime can't be required to pay excessive bail or excessive fines, and cruel and unusual punishments should not be inflicted.

Bail is a sum of money or property that is put up for an accused person to be temporarily released from jail. The accused must return for the trial, or the bail will be revoked.

Ninth Amendment

TEXTEXPLANATION

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

The rights of the people are not surrendered just because they are not enumerated, or listed, in the Constitution. In other words, just because a right isn't specifically mentioned in the Constitution doesn't mean that people don't have that right.

Tenth Amendment

TEXTEXPLANATION

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.

The powers that were not given to the federal government by the Constitution, and not prohibited to the states, belong to the states and the people.