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Bill of Rights (1791)

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Duration 7 min

Founding Natural/Inalienable
Principle Rights

Topic Bill of Rights,

Constitution,
Freedom of
Religion, Freedom
of Speech,
Amendment I
Freedom of
Assembly, Freedom
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise
of the Press,
thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to
Freedom to Petition
assemble, and to petition the government for a redress of grievances.
File Type PDF

BRI Resources File Size 1MB

What is the Signi cance of the Free Exercise Clause? 

How has Speech Been Both Limited and Expanded, and How Does it Apply to You and Your School? 

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.

BRI Resources

What are the Origins and Interpretations of the Right to Keep and Bear Arms? 

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 af rmation, and particularly describing the place to be
searched, and the persons or things to be seized.

BRI Resources

Liberty and Security in Modern Times

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 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.

BRI Resources

How Does the Fifth Amendment Protect Property? 

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 defense.

BRI Resources

Gideon v. Wainwright

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 reexamined in any court of
the United States, than according to the rules of the common law.

BRI Resources

Due Process of Law 

Amendment VIII

Excessive bail shall not be required, nor excessive nes imposed, nor cruel and unusual
punishments in icted.

BRI Resources

How Do Due Process Protections for the Accused Protect Us All?

Amendment IX

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

BRI Resources

What is the Scope of the Bill of Rights?

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.

BRI Resources

State and Local Governments

Primary Source by James Madison, George Mason (1791)

Additional Text

The rst 10 amendments to the Constitution make up the Bill of Rights. James Madison wrote the
amendments, which list speci c prohibitions on governmental power, in response to calls from
several states for greater constitutional protection for individual liberties. For example, the
Founders saw the ability to speak and worship freely as a natural right protected by the First
Amendment. Congress is prohibited from making laws establishing religion or abridging freedom of
speech. The Fourth Amendment safeguards citizens’ right to be free from unreasonable
government intrusion in their homes through the requirement of a warrant.

The Bill of Rights was strongly in uenced by the Virginia Declaration of Rights, written by George
Mason. Other precursors include English documents such as the Magna Carta, the Petition of Right,
the English Bill of Rights, and the Massachusetts Body of Liberties.

One of the many points of contention between Federalists, who advocated a strong national
government, and Anti-Federalists, who wanted power to remain with state and local governments,
was the Constitution’s lack of a bill of rights that would place speci c 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 safeguard individual liberty.

Madison, then a member of the U.S. House of Representatives, altered the Constitution’s text
where he thought appropriate. However, several representatives, led by Roger Sherman, objected,
saying that Congress had no authority to change the wording of the Constitution. Therefore,
Madison’s changes were presented as a list of amendments that would follow Article VII.

The House approved 17 amendments. Of these, the Senate approved 12, which were sent to the
states for approval in August 1789. Ten amendments were approved (or rati ed). Virginia’s
legislature was the nal state legislature to ratify the amendments, approving them on December
15, 1791.

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