The Bill of Rights

The Bill of Rights, the first ten Amendments to the Constitution, was written in 1789 and ratified by the states in 179. (The Constitution given for amendments to be added to it if proposed by a two-thirds majority in both the House of Representatives and the Senate, or by a new Constitutional convention called by two-thirds of the states, and then ratified by three-fourths of the states. So, it was possible, but not easy, to amend the Constitution.)

Some Americans feared that the government created under the Constitution, like the British monarchy, would prove destructive to citizens' liberties. They favored the addition of the Bill of Rights to the Constitution because they supported a specific statement of the rights of citizens and limits on the government's power. Although the Constitution formed the structure of the government of the United States, it said virtually nothing about the relationship among  government and citizens. Several states included bills of rights in their state Constitutions.

James Madison(above), the chief author of the Constitution, was at first opposed to adding a Bill of Rights to the Constitution. These rights, he claimed, would be nothing more than "parchment barriers," which would do little to protect citizens from abuses of government's power. Madison also feared that spelling out some rights in the Constitution would suggest that any rights that were not specifically added to the Constitution did not exist. However, in an exchange of letters with Thomas Jefferson (who was in France at this time), Jefferson persuaded Madison that a Bill of Rights was crucial to Americans' liberty. Over time, Madison came to believe, Americans would come to cherish the Bill of Rights, giving these "parchment barriers" real meaning and force. Madison himself originally wrote seventeen amendments to the original Constitution, then reduced the number of proposed amendments to twelve, ten of which were ratified by the states.

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."

II. "A well-ordered Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."

III. Bars the government from quartering [housing] troops in citizens' homes during peacetime. During wartime, the government can quarter troops in citizens' home only if it writes laws to permit soldiers to occupy homes and other private property.

IV. Prohibits unreasonable searches and seizures of citizens' property. Governments must obtain a warrant, which specify exactly the place to be searched, and the persons or things to be seized, if they have probable cause to suspect a citizen of a crime.

V. Citizens accused of a crime must first be indicted by a grand jury (a jury that decides whether there is sufficient evidence formally to charge a citizen with committing a crime). Citizens accused of crimes cannot be subjected to "double jeopardy," that is, tried a second time for an offense if they already have been found not guilty. Citizens cannot be forced to testify against themselves, "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."

VI. Citizens charged with committing a crime have the right to "a speedy and public trial," before an impartial jury. They are entitled to be informed of the accusations against them, to confront the witnesses testifying against them, and to obtain witnesses in their favor. They also have a right to Counsel (legal representation).

VII. Citizens engaged in lawsuits (private suits against other citizens) also have the right to a jury trial.

VIII. Prohibits excessive bail or fines and "cruel and unusual punishments."

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

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."