In Part IV in our summer read through of the US Constitution, we’re covering the Bill of Rights. In this episode and the next, we’ll cover the Constitution’s 27 amendments. In this episode, I’ll cover the first 10 amendments that were ratified in the 1790s as a packaged deal and became known as the Bill of Rights. Whose rights do you ask? Yours, mine, our individual state. The Bill of Rights is an explicit affirmation of those areas of public life that the new federal government was to keep its hands off. It was the promise of a Bill of Rights being added to the constitution that finally overcame Anti-Federalist opposition and passed the Constitution. So, if you value your civil liberties, you have America’s Anti-Federalists to thank. Let’s dive in.
The Bill of Rights: Amendments 1-10
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.
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.
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.
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.
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.
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.
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.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.
Conversation starters:
What rights do individuals and states retain today?
The spoken and written word (podcasts and reading)
- Full text of the US Constitution
- Loyola University Chicago Law Journal, “The United States Constitution of 1787: A Commentary”
- US Congress, “Annotated Constitution”
- Bill of Rights Institute
- Article 1
- Article 2
- Articles 3-7
The last word
“Liberty must at all hazards be supported. We have a right to it, derived from our Maker. But if we had not, our fathers have earned and bought it for us, at the expense of their ease, their estates, their pleasure, and their blood.” – John Adams, 1765
“Without liberty, law loses its nature and its name, and becomes oppression. Without law, liberty also loses its nature and its name, and becomes licentiousness.” – James Wilson, Of the Study of the Law in the United States, 1790