Bill of Rights
Introduction
The first 10 amendments to the Constitution make up the Bill of Rights. Written by James Madison in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on governmental power.
One of the many points of contention between Federalists and Anti-Federalists was the Constitution’s lack of a bill of rights that would place specific limits on government power. Federalists argued that the Constitution did not need a bill of rights, because the people and the states kept any powers not given to the federal government. Anti-Federalists held that a bill of rights was necessary to protect individual liberty.
The Bill of Rights is a list of limits on government power. For example, what the Founders saw as the natural right of individuals to speak and worship freely was protected by the First Amendment’s prohibitions on Congress from making laws establishing a religion or abridging freedom of speech. For another example, the natural right to be free from unreasonable government intrusion in one’s home was safeguarded by the Fourth Amendment’s warrant requirements.
Most of the rights guaranteed in the Bill of Rights were added because they were rights that were violated by the British during the American Revolution. Other precursors to the Bill of Rights include English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties.
The first 10 amendments to the Constitution make up the Bill of Rights. Written by James Madison in response to calls from several states for greater constitutional protection for individual liberties, the Bill of Rights lists specific prohibitions on governmental power.
One of the many points of contention between Federalists and Anti-Federalists was the Constitution’s lack of a bill of rights that would place specific limits on government power. Federalists argued that the Constitution did not need a bill of rights, because the people and the states kept any powers not given to the federal government. Anti-Federalists held that a bill of rights was necessary to protect individual liberty.
The Bill of Rights is a list of limits on government power. For example, what the Founders saw as the natural right of individuals to speak and worship freely was protected by the First Amendment’s prohibitions on Congress from making laws establishing a religion or abridging freedom of speech. For another example, the natural right to be free from unreasonable government intrusion in one’s home was safeguarded by the Fourth Amendment’s warrant requirements.
Most of the rights guaranteed in the Bill of Rights were added because they were rights that were violated by the British during the American Revolution. Other precursors to the Bill of Rights include English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties.
Fourth Amendment
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. |
Fifth Amendment
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. |
Sixth Amendment
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. |
Notes:
Click on the picture below to play a game that will help you learn what rights you have.
Watch a video about the Bill of Rights by clicking here.
- Where did the ideas for changes to the Constitution come from? What kinds of changes were being suggested?
- How did the Bill of Rights become part of the Constitution? Were all of the proposed changes accepted? How long did it take for them to be approved?
- Which freedoms are protected by the Bill of Rights? Which ones do you use regularly or rarely?
- When did the Bill of Rights become a more central part of how the Constitution is interpreted? Why?
- How do citizens-not the government-use the Bill of Rights to define their freedoms?