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Another gold mine! Check this out!!

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See recent press coverage of the new guidelines on teaching religion in public schools, co-developed by the RFC and now part of the National Council for the Social Studies' official curriculum.
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See recent press coverage of the new guidelines on teaching religion in public schools, co-developed by the RFC and now part of the National Council for the Social Studies' official curriculum. Read More

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Basically...everything dealing with amendment one. This site is gold people!

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Follow the latest news and commentary about the First Amendment.

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Follow the latest news and commentary about the First Amendment. Assistance (e.g. ASL interpretation, assistive listening, description) for programs/tours can be arranged with at least seven business days' notice. Please contact AccessUs at AccessUs@newseum.org or by calling 202/292-6453. For general Newseum questions, please call us at 202/292-6100 or contact info@newseum.org.

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The 4th Amendment to the U.S. Constitution guarantees freedom from . This means that law enforcement agents need probable cause, and a in most cases, to search your person or belongings. If there is no probable cause and you are searched illegally, any evidence collected from the search will be excluded from evidence at trial. This has come to be called the Exclusionary Rule.

Probable Cause - There must be enough evidence that a reasonable person would believe a crime was committed. This evidence is presented to a judge who must agree before authorizing the search by granting a warrant.

The purpose of the 4 th Amendment is to protect people from being abused by a powerful government. There are strict rules that government agents must follow to search you and seize evidence.

Contrary to popular belief, the right to is not specifically mentioned in the U.S. Constitution. Over the years, the courts have interpreted the 4 th Amendment, along with other Amendments such as the 9 th, to protect privacy in many situations.

Do you have the same rights at school?

While you don't shed your Constitutional rights when you go to school, they must be balanced with the rights of your classmates, as well as the responsibility of the school to provide a safe environment and a quality education.

Consider these questions as you study the case histories that follow:

Am I protected from unreasonable search and seizure at school?

Does the school need probable cause to search me or my belongings? Does the school need a warrant?

What can my school search, and when?

Weeks v. United States, 1914

Police officers in Kansas City, Missouri went to the house of Mr. Fremont Weeks and used his hidden key to enter and search his home. While there, they took papers, letters, books, and other items. They did not have a search warrant. These items were used in court to find Mr. Weeks guilty of sending lottery tickets through the U.S. mail.

If probable cause is not used to get a search warrant, is the resulting warrantless search a violation of the 4th Amendment?

Mr. Weeks was found guilty in a criminal jury trial in the U.S. District Court for the Western District of Missouri. The guilty verdict was based on the evidence collected from his home. Mr. Weeks then asked the U.S. Supreme Court to review the case.

What do you think the Supreme Court Decided?

The judgment of the district court was reversed. The evidence collected during the illegal search was in violation of the 4th Amendment and was thus inadmissible at the trial. In a criminal investigation, in order for a search to be legal, there must be probable cause. The probable cause must be used to gain a search warrant. If not, the search will be illegal and evidence collected as a result of the search can't be used in court. The Weeks decision was the birth of a new legal doctrine - The Exclusionary Rule.

"If letters and private documents can thus be seized and held and used in evidence against a citizen accused of an offense, the protection of the Fourth Amendment, declaring his right to be secure against such searches and seizures, is of no value, and....might as well be stricken from the Constitution. The efforts of the courts and their officials to bring the guilty to punishment, praiseworthy as they are, are not to be aided by the sacrifice of those great principles established be years of endeavor and suffering which have resulted in... the fundamental law of the land." by author of opinion, Justice William R. Day

New Jersey v. T.L.O., 1985

A female student was searched at school, and the evidence collected was used by the state in her delinquency trial in juvenile court. T.L.O. are the initials of the 14-year old girl who was caught smoking in the bathroom at school. Later, in the assistant vice principal's office, she denied smoking. The assistant vice principal demanded her purse, and found a pack of cigarettes, rolling papers, marijuana, a pipe, plastic bags, a large amount of money, and a list of students who owed her money. The evidence was used by the New Jersey Juvenile Court to find her guilty of delinquency.

Does a warrantless search of a high school student by a school official violate the 4th Amendment?

New Jersey Juvenile Court admitted the evidence and found her guilty of delinquency. She appealed, and the New Jersey Appellate Court affirmed that the evidence was legal and thus admissible. She appealed again, and the New Jersey Supreme Court reversed, saying the search was unreasonable and the evidence must be suppressed. The state of New Jersey then asked the U.S. Supreme Court to review the case.

What do you think the Supreme Court Decided?

Students do have 4th Amendment rights at school, but they are balanced with the school's responsibility to maintain a safe and educational environment. The U.S. Supreme Court reversed the New Jersey Supreme Court, holding that school officials can search a student if they have reasonable suspicion. School officials do not need to have probable cause or obtain a search warrant. Reasonable suspicion is a lower standard than the probable cause required for police searches of the public at large.

"Schoolchildren have legitimate expectations of privacy.... But striking the balance between schoolchildren's legitimate expectations of privacy and the school's equally legitimate need to maintain an environment in which learning can take place requires some easing of the restrictions to which searches by public authorities are ordinarily subject." by author of opinion, Justice Byron White.

Vernonia School District v. Acton, 1995

A school district adopted a policy authorizing random drug testing of student athletes. There was a known drug problem in the school district. Student athletes were among the drug users and dealers. Along with the drug problem came serious student behavior issues. By 1989, disciplinary actions had reached 'epic proportions,' motivating the district to introduce the Student Athlete Drug Policy. James Acton, a 7th grader, refused the testing, and his parents refused to consent to the testing. Because of this, he was not allowed to participate in football. He sued the school district for violating his rights.

Does random drug testing of a public school student by a school official violate the 4th Amendment?

The U.S. District Court of Oregon agreed with the school district. Mr. Acton appealed to the Ninth Circuit U.S. Court of Appeals, which reversed, saying the drug testing policy violated the constitutional rights of students. The school district then asked the U.S. Supreme Court to review the case.

What do you think the Supreme Court Decided?

The drug testing policy is reasonable and does not violate the 4th Amendment rights of the students. Students do have rights at school, but those rights must be balanced with the school's responsibility to provide a safe environment.

"In the present case, ...this evil is being visited not just upon individuals at large, but upon children for whom it has undertaken a special responsibility of care and direction. ...It must not be lost sight of that this program is directed more narrowly to drug use by school athletes, where the risk of immediate physical harm to the drug user or those with whom he is playing his sport is particularly high. Apart from psychological effects, which include impairment of judgment, slow reaction time, and a lessening of the perception of pain, the particular drugs screened by the District's Policy have been demonstrated to pose substantial physical risks to athletes." by author of opinion, Justice Antonin Scalia.

Safford Unified School District v. Redding, 2009

Savana Redding was a 13-year-old student. A male student reported that another girl, Marissa Glines, had given him a prescription-strength ibuprofen pill. A search of Marissa's day planner and pockets revealed more of the pills and some weapons. Marissa then reported the day planner belonged to Savana, and that Savana had given her the pills. Savana was then searched - a search which included not only her backpack and pockets, but also inside her undergarments. She sued the school district for violating her rights.

Does a strip search of a public school student by a school official violate the 4th Amendment?

The U.S. District Court for the District of Arizona agreed with the school district that there was no violation of the 4th Amendment. Ms. Redding appealed to the U.S. Court of Appeals for the Ninth Circuit. The Ninth Circuit en banc agreed with her claim that her 4th Amendment rights had been violated. The school district then asked the U.S. Supreme Court to review the case.

What do you think the Supreme Court Decided?

The strip search by school officials in this case was not legal. It was unreasonable considering the nature of the offense and the facts of the case.

"Because there were no reasons to suspect the drugs presented a danger or were concealed in her underwear, we hold that the search did violate the Constitution. In sum, what was missing from the suspected facts that pointed to Savana was any indication of danger to the students from the power of the drugs or their quantity, and any reason to suppose that Savana was carrying pills in her underwear. We think that the combination of these deficiencies was fatal to finding the search reasonable." by author of opinion, Justice David Souter

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safford unified school district v. redding

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4th Amendment Landmark Cases | The Judicial Learning Center

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The 4th Amendment to the U.S. Constitution guarantees freedom from . This means that law enforcement agents need probable cause , and a in most cases, to search your person or belongings. If there is no probable cause and you are searched illegally, any evidence collected from the search will be excluded from evidence at trial.

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Current Events again!

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Breaking news and analysis from TIME.com. Politics, world news, photos, video, tech reviews, health, science and entertainment news.

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Current Events and More Current Events!

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Quick summary of the 10 amendments

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Preamble to the Bill of Rights

*Congress of the United States

begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz. ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Frederick Augustus Muhlenberg Speaker of the House of Representatives John Adams, Vice-President of the United States and President of the Senate.

Attest, John Beckley, Clerk of the House of Representatives. Sam. A. Otis Secretary of the Senate. *On September 25, 1789, Congress transmitted to the state legislatures twelve proposed amendments, two of which, having to do with Congressional representation and Congressional pay, were not adopted. The remaining ten amendments became the Bill of Rights.

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.

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 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.

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.

Amendment 6
- Rights of Accused Persons in Criminal Cases

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.

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.

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Preamble to the Bill of Rights *Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

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Head here for great video clips and explanations of what our rights actually mean!

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What is a right, and where does it come from? Learn more through videos and experts.

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Check out this website for examples and explanations of the BoR

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When the nation was newly formed, and the Constitution penned, the opinion of the people was divided somewhat. Most people praised the Constitution as a binding document that laid out the rules and limitations of the new government. Others, however, felt it gave too much power to the federal government, and that it could possibly swallow up the individual states.

When the newly created Congress met for the first time, they addressed these concerns, creating amendments to the Constitution guaranteeing certain rights to the people. The first 10 amendments to the U.S. Constitution are known as the "Bill of Rights." To explore this concept, consider the following Bill of Rights definition.

Definition of Bill of Rights
Noun

1. A formal statement of the fundamental rights of the people.

2. The first 10 Amendments to the U.S. Constitution

Origin
1791 U.S. Constitution

What is the Bill of Rights

"The Bill of Rights" is the name used to refer to the first 10 amendments to the U.S. Constitution. Each of the 10 amendments guarantees some essential right that should be afforded to all people, or places specific limitations on the powers of the federal government. After the Constitution was drafted, it had to be approved by representatives of each state before it could be put into effect.

Supporters of the Constitution, known as "Federalists," began lobbying for its approval, going to great lengths to explain the benefits of the document. These people included such founding fathers as George Washington, James Madison, and Alexander Hamilton, among others. Several of these men wrote a series of articles for a newspaper called "The Federalist." The articles explained how the Constitution would work, and how it would be beneficial to the people. They even addressed questions about, and criticisms of, the Constitution in an understandable manner.

Other people were opposed to the Constitution, fearing that it gave too much power to a centralized government, which could overpower and suppress the individual states. These people, known as "Antifederalists," worried that having a president and congress with long terms could result in the creation of an aristocratic class that controlled the nation. Having fled a country controlled by a monarchy, this was a serious concern for all of the colonists. Specifically, the Antifederalists, including such people as Sam Adams, George Mason, Patrick Henry, and George Clinton, felt the document lacked a "bill of rights," listing specific freedoms or rights that cannot be taken away by the government.

Who Wrote the Bill of Rights

Shortly after the Constitution was ratified, congressional Representative James Madison, a Federalist, proposed a series of amendments to the Constitution, 39 in all, designed to address the concerns of the Antifederalists. Madison proposed the inserting of language guaranteeing certain specific rights, and limiting the power of the federal government, into the Constitution. While the members of Congress rejected that idea, they were open to adding such rights in a supplemental document.

Discussions took only a few months, and on September 25, 1789, Congress approved 12 amendments to the Constitution. The amendments were then submitted to the states for ratification, just as the original Constitution had been. Nine of those amendments were ratified and became Amendments One through Ten of the Constitution on December 15, 1791. Another of those amendments, one that kept Congress from making any increase to their own salaries, specifying that any such change could not go into effect until the start of the next term, was not ratified until May 7, 1992 - two hundred years later.

Bill of Rights Summary

Although the Bill of Rights was held to be highly important to protect the civil liberties of the people, the people themselves remained largely unaffected by, or unaware of, those rights for nearly 150 years after the amendments' ratification. Each of the first 10 amendments to the U.S. Constitution spells out specific rights of the people, or limitations of the government's power.

First Amendment

"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 protects five of the people's most basic rights:

1. Freedom of Religion

2. Freedom of Speech

3. Freedom of the Press

4. Freedom of Assembly

5. Freedom to Petition the Government

Second Amendment - Right to Bear Arms

"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 Second Amendment makes clear that a "well-regulated militia" is necessary to securing a state of freedom from government oppression, and protects the people's right to keep and bear arms. In modern times, this has become a subject hotly debated as to whether this is a blanket guarantee, or whether there exist circumstances in which some people should not be allowed to own or handle firearms.

Third Amendment - Quartering of Soldiers

"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 Third Amendment restricted the quartering, or housing, of soldiers in the homes of private citizens. While this may have been an issue in colonial times, it seems to have little relevance in modern America. Still, it implies that every individual has a right to privacy, and protection against government intrusion into their homes.

Fourth Amendment - Search and Seizure

"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."

The Fourth Amendment protects people from improper searches of their bodies, their homes, and their possessions. It requires that a detailed search warrant be issued by a judge only when the police can show good cause for the search.
For example:
The police suspect that a student at Emily's high school is selling drugs. They cannot search the homes of every student looking for clues. In fact, even if they strongly suspect only one or two specific students, they cannot search their homes or their belongings without a court order. In this example of Bill of Rights protection, the police would need to bring evidence that supports their suspicion in order to obtain a search warrant for certain specific students, certain specific areas to be searched, and specific things to be searched for.

Fifth Amendment - Rights of the Accused, Due Process of Law, and Eminent Domain

"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."

The Fifth Amendment protects the rights of a person suspected of, or charged with, a crime, guaranteeing due process of law. It protects against double jeopardy, which is to try a person more than once for the same crime. It also guarantees that any person accused of a crime is assumed to be innocent until proven guilty. This amendment also prohibits the forcing of someone to testify against himself. This goes on to require that law enforcement officials provide evidence sufficient to convict the individual, as the accused cannot be made to provide it.

The final section addresses what is known as " eminent domain." It specifies that the government cannot take a person's property for public use, without just compensation. Today it is not uncommon for a municipality (a city, county, state, or other government entity) to take land for the purpose of building something that is needed for the common good of the people. However, the Fifth Amendment requires that those people be compensated a fair amount for their property.

Sixth Amendment - Fair and Speedy Trial

"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."

The Sixth Amendment guarantees that anyone accused of a crime gets a fair and speedy trial, in public, before an impartial jury. It specifies that every defendant has a right to face his accusers, to question witnesses, and to testify if he desires. It also specifies that any person accused of a crime has a right to a lawyer. In short, the Sixth Amendment guarantees a defendant's right to:

To be informed of each criminal charge

To be represented by an attorney

A speedy, public trial

A trial by impartial jury, in the area where the crime was committed

To face his accusers, and to question them

To compel witnesses to appear and testify in court

Seventh Amendment - Jury Trials in Civil Lawsuits

"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."

The Seventh Amendment guarantees a person's right to a jury trial, even in a civil lawsuit. This right applies only to federal courts, however. In state court, which is the venue for the fast majority of civil lawsuits, a jury trial is not guaranteed. In fact, the laws of many states allow a jury trial if the amount of damages sought is above a certain specified amount. This addresses the issue of litigants suing for small amounts tying up the court system, and a jury, for days or weeks at a time.
For example:
Sonja purchased a gold chain at a local jewelry store, paying $129 plus tax. About a week after she started wearing the chain, she noticed it tarnishing and turning the skin of her neck a weird color. She took the chain back to the store and demanded they make it right. She was angry, however, and demanded the full amount she had paid for the chain, plus an additional amount so that she could replace the chain with a new one. The store management refused, but offered to give her full store credit.

Sonja stormed out of the store and promptly filed a civil lawsuit, asking for the $129 plus tax, $120 for the replacement chain she purchased elsewhere, and $1,000 pain and suffering. Not only was Sonja asking for more than the value of the item, but she demanded a jury trial.

The Seventh Amendment states that any matter in which the value of the item in dispute exceeds $20 is subject to the right of trial by jury. Sonja's lawsuit is filed in the state court, however, which does not provide an option for jury trial for matters whose value is under $10,000. In this example of Bill of Rights protections, no matter how angry Sonja is, her lawsuit will be heard by a judge at a bench trial.

Eighth Amendment - Bail, Fines, and Punishments

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

The Eighth Amendment protects people from unreasonably high bail to get out of jail before trial. This is dependent on the circumstances, however, such as the violent nature of the crime, and whether or not the individual is likely to flee. It also prohibits unreasonably high fines, and outlaws cruel and unusual punishment in sentencing.

Ninth Amendment - Non-Enumerated Rights of the People

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

The Ninth Amendment acknowledges that neither the Constitution or the Bill of Rights covers every fundamental right a person holds.

Tenth Amendment - Reserved Powers

"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 Tenth Amendment emphasizes the belief that the federal government holds only those powers and responsibilities specifically discussed in the Constitution, and that all others are reserved to the individual states, and to the people. This amendment does not give new powers to the states, but specifically safeguards their authority over all matters that are not specifically granted to the federal government.

Bill of Rights Example of Abuse

The freedoms and rights granted by the Bill of Rights are intended to ensure all people have access to due process, and to the court system. Unfortunately, in recent decades, these privileges have been greatly abused, with people bringing silly and frivolous matters to be decided by the courts, or worse - by a jury.

Such lawsuits have the effect of quashing the liberties of others. For instance, in 2004, a man enjoying the public swimming pool with his family jumped into the pool and cut his heel quite severely. The area from which the man had jumped was clearly marked on the cement under his feet that no jumping was allowed, and he had also been warned by the lifeguard not to jump from that spot. The man disregarded these safety warnings and paid the price.

The man filed a civil lawsuit against the public pool asking for $100,000 as payment of his medical bills, lost work, and pain and suffering, citing that doctors did not know how long it would take for the wounds to heal, nor how long it might be before the man would be able to stand all day, as required by his job. The man settled with the pool's owner, but fear of "copycat" lawsuits led to the pool's closure.

Frivolous use of the nation's court systems often has the effect of infringing on the rights and liberties of others. In this example of Bill of Rights abuse, children and families of the depressed neighborhood lost their place for safe recreation because one man thought the rules did not apply to him, and that he was entitled to some type of compensation for his own stupidity.

Related Legal Terms and Issues

Civil Lawsuit - A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person.

Defendant - A party against whom a lawsuit has been filed in civil court, or who has been accused of, or charged with, a crime or offense.

Double Jeopardy - The Fifth Amendment protection from being tried for the same crime twice, and from being compelled to testify against oneself.

Due Process - The fundamental, constitutional right to fair legal proceedings in which all parties will be given notice of the proceedings, and have an opportunity to be heard.

Search Warrant - A court order that authorizes law enforcement officers or agents to search a person or a place for the purpose of obtaining evidence or contraband for use in criminal prosecution.

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Bill of Rights - Definition, Examples, Cases

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When the nation was newly formed, and the Constitution penned, the opinion of the people was divided somewhat. Most people praised the Constitution as a binding document that laid out the rules and limitations of the new government. Others, however, felt it gave too much power to the federal government, and that it could possibly swallow up the individual states.

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Each of these cases apply to you...young people...and deal with the Bill of Rights. Read here to see how amendments are either upheld or violated.

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Teach and Learn With The Times: Resources for Bringing the World Into Your Classroom

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Use this to see practical advice and information about constitutional rights.

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Everyone has basic rights under the U.S. Constitution and civil rights laws. Learn more here about what your rights are, how to exercise them, and what to do when your rights are violated.

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Know Your Rights | American Civil Liberties Union

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Everyone has basic rights under the U.S. Constitution and civil rights laws. Learn more here about what your rights are, how to exercise them, and what to do when your rights are violated.

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American Civil Liberties Union (ACLU)

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Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Thomas Jefferson wrote to James Madison advocating a Bill of Rights: "Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can."

First Amendment

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.

Second Amendment

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.

Third Amendment

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.

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 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.

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 defence.

Seventh Amendment

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 common law.

Eighth Amendment

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

Ninth Amendment

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

Tenth Amendment

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.

More Resources:
The United States Constitution: the 11th and Following Amendments THE CONSTITUTION OF THE UNITED STATES OF AMERICA

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The United States Bill of Rights: First 10 Amendments to the Constitution | American Civil Liberties Union

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Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

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Read this for great background info on the BoR

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The Bill of Rights-the first ten amendments to the Constitution of the United States-ranks alongside the Constitution and the Declaration of Independence as one of the nation's most treasured documents. Since its adoption in 1791, the Bill of Rights has served as the cornerstone of basic American freedoms. Its laws specify the fundamental rights and most cherished liberties of the American people and protect them from the whims of popular majority opinions and abusive government officials.

The Bill of Rights became part of the Constitution of the United States on December 15, 1791. On the 150th anniversary of this event in 1941, President Franklin Roosevelt proclaimed December 15 as Bill of Rights Day. He wanted to make Americans aware of their rights and to remind them of their duties as citizens of the United States. On this day in 1991, Americans recognized the 200th anniversary of these important amendments that have proved so essential to the American political tradition.

Why the Bill of Rights Was Added to the Constitution

At the Constitutional Convention of 1787, delegates rejected a motion made by George Mason, author of the Virginia Declaration of Rights (1776), to preface the Constitution of the United States with a bill of rights. The failure to mention basic rights soon became a major issue in the subsequent debates over whether or not the proposed Constitution would be ratified, or approved.

When the Constitutional Convention ended, delegates went back to their respective states to hold their own ratifying conventions. Each state would decide for itself whether or not to approve the new framework for the American government.

The debate over the need for a bill of rights was sparked by a proposal made by a dissenting minority in the Pennsylvania ratifying convention. Some delegates believed that guarantees of certain basic rights and liberties were missing from the proposed Constitution. They called for a number of amendments that would secure a wide range of liberties, such as the free exercise of religion, freedom of speech and press, and protection against unreasonable searches and seizures. Majorities in the ratifying conventions of New Hampshire, Massachusetts, New York, Maryland, Virginia, North Carolina and South Carolina also called for numerous amendments to the proposed Constitution. Although the substance of these recommended amendments differed from state to state, most contained provisions that would limit the powers of the new federal (national) government and protect the people from inconsistent and oppressive rule.

The Anti-Federalists (those who were opposed to ratifying the Constitution) argued that the broad powers of the new federal government would threaten the powers of the individual states and the liberties of the people. However, the Federalists (those who supported ratification) argued that a bill of rights was unnecessary. Alexander Hamilton, for example, maintained that because the proposed federal government would possess only specifically assigned and limited powers, it could not endanger the fundamental liberties of the people. "Why," he asked, "declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed?"

Nevertheless, the Federalists had to pledge their support for the addition of a bill of rights to the Constitution once the new government began operations. Otherwise they would risk endangering the Constitution's ratification in certain key states and face the possibility of another constitutional convention.

Drafting the Bill of Rights

James Madison, the "Father of the Constitution," may also be considered the "Father of the Bill of Rights." In his campaign for a seat in the House of Representatives under the new Constitution, he promised his voters that he would energetically push for the adoption of a bill of rights. True to his word, he took the lead in the First Congress in pressing for the desired amendments.

On June 8, 1789, drawing from proposals made by the various state ratifying conventions, Madison proposed to the Congress nine amendments to the Constitution, containing nineteen specific provisions (many of which are now contained in the Bill of Rights). Madison and members of a House committee then went through the complex process of drafting a bill that would secure the necessary two-thirds approval of both houses of Congress. The House and the Senate modified some of Madison's proposals, eliminated others entirely, and added some new ones as well.

As it finally emerged from Congress, the proposed Bill of Rights consisted of twelve amendments and was offered to the states for ratification. The first two proposed amendments were never ratified by the states. (One was related to the size of the House of Representatives and the other to laws regarding the compensation, or payment, for senators and representatives.) On December 15, 1791, Virginia ratified the remaining ten amendments, and the Bill of Rights officially became part of the Constitution.

What the Bill of Rights Says

The first eight amendments of the Bill of Rights set forth specific guarantees and liberties. The Ninth Amendment acknowledges that the American people have rights that are not even specified in the Constitution or the Bill of Rights. (The Federalists argued for this particular amendment, stating that it would be impossible to list all of the rights and liberties that should be protected.)

The Tenth Amendment emphasizes the national character of the United States constitutional system. It declares that the states or people retain those "powers not delegated to the United States by the Constitution."

Most people, however, believe that their most important rights are those guaranteed by the First Amendment. Commonly called "First Amendment freedoms," these are the fundamental freedoms of religion, speech, and press, as well as the right of the people to assemble and to petition a government.

Other vital provisions contained in the first eight amendments also deal with the rights of individuals. They are designed to protect people against inconsistent or abusive government, particularly in criminal proceedings.

For example, the Fourth Amendment protects individuals from unreasonable searches and seizures (either of themselves or of their property and possessions) by law enforcement officials.

The Fifth Amendment prohibits double jeopardy, which means that someone cannot be tried twice for the same crime. The Fifth Amendment also states that people cannot be compelled to testify against themselves (self-incrimination), and it guarantees "due process," which means people accused of a crime must be properly notified of the charges and given a fair hearing.

The Sixth Amendment establishes the right of an accused person to a public trial by jury. The accused also has the right to have a lawyer, to confront hostile witnesses, and to obtain witnesses in his or her defense.

Finally, the Eighth Amendment prohibits the infliction of "cruel and unusual punishments" (either mental or physical) on those convicted of a crime.

The remaining amendments (the Second, Third, and Seventh) do not cover individual rights in criminal proceedings but address other specific concerns. The Second Amendment is the most noteworthy and controversial of these remaining amendments. After noting the need for a "well regulated militia" (a body of citizen soldiers called to serve during times of emergency or war), this amendment declares that the people's right " to keep and bear Arms, shall not be infringed."

The Third Amendment prevents the government from making citizens shelter soldiers in their homes. This amendment was drafted in response to abuses by British forces during the Revolutionary War.

The Seventh Amendment was included to meet the demands of many Anti-Federalists who wanted to insure trial by jury in civil suits.

The Origins of the Bill of Rights

The Virginia Bill of Rights (proclaimed in 1776, only days before the Declaration of Independence) was the first of ten such declarations by the states during the Revolutionary War period (1775-83). All of these declarations contained provisions that eventually found their way into the national Bill of Rights. Major portions of the First, Fourth, Fifth, Sixth, and Eighth amendments, for example, can be traced directly to the Virginia Bill of Rights.

The origins of many of the other rights and liberties contained in the Bill of Rights can be found in the English tradition, dating as far back as Magna Carta (1215), a document that marked the first step toward constitutional law in England. For example, the clause in the Fifth Amendment, which declares that individuals cannot be deprived of their "life, liberty, or property, without due process of law" is rooted in Chapter 39 of Magna Carta.

England's Petition of Right (1628) and Bill of Rights (1689) further expanded individual liberties and placed increased limitations on the ruler's powers and authority. English liberties and rights, such as trial by jury and protection against self-incrimination and unreasonable search and seizure, were, in fact, included in the charters establishing the American colonies. They were considered to be the "rights of Englishmen."

Enforcing the Bill of Rights

The courts, both state and national, are responsible for enforcing the Bill of Rights, when instances of abuse are brought to their attention through proper legal channels. The Supreme Court of the United States, however, has the final word in determining whether or not the principles contained in the Bill of Rights have been violated.

Making such a determination is seldom an easy matter. The Court, for example, must answer such questions as, What constitutes "unreasonable" search and seizure? What limits can be placed on the free exercise of religion for reasons of public morality, safety, or health? Under what circumstances may speech be legally curtailed to prevent violence or property damage?

Originally, the Bill of Rights applied only to the laws and activities of the national government. It was not until after the Civil War that the Bill of Rights'provisions were applied to the states. The 14th Amendment (1868) was the first to declare that no state "shall deprive any person of life, liberty, or property without due process of law."

Today, for all intents and purposes, the fundamental rights and liberties guaranteed by the Bill of Rights apply with equal force to both the national and the state governments.

State Bills of Rights

All of the fifty state constitutions contain a bill of rights. The Illinois Bill of Rights borrows from the Declaration of Independence in stating, "All men are by nature free and independent and have certain inherent and unalienable rights among which are life, liberty, and the pursuit of happiness." Some states'declaration of rights are even far more detailed than the national Bill of Rights. The California Declaration of Rights, for example, says, "A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin."

The Canadian Bill of Rights

The Canadian Charter of Rights and Freedoms, officially proclaimed by the Canada Act on April 17, 1982, applies to both the national and provincial governments. Sections of the charter deal with distinctly Canadian concerns, such as declaring the French and English languages to have equal status in official government proceedings.

The charter details major rights and liberties under the headings of Fundamental Freedoms and Legal Rights. The fundamental freedoms correspond to those found in the First Amendment in the American Bill of Rights, but they are more extensive. In addition to freedom for the press and media, peaceful assembly, and freedom of speech and religion, they include freedom of association, conscience, thought, belief, and opinion.

The legal rights of the charter are similar to those found in the Fourth, Fifth, Sixth, and Eighth amendments in the American Bill of Rights. These include, among others, protection against self-incrimination, double jeopardy, unreasonable search and seizure, and cruel and unusual punishment.

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The Bill of Rights-the first ten amendments to the Constitution of the United States-ranks alongside the Constitution and the Declaration of Independence as one of the nation's most treasured documents.

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A 3-minute guide to the Bill of Rights - Belinda Stutzman