The first 10 amendments, the Bill of Rights, were each proposed by Congress on September 25, 1789, and ratified by the necessary three-fourths of the States on December 15, 1791. These amendments were originally intended to restrict the National Government—not the States. However, the Supreme Court has several times held that most of their provisions also apply to the States, through the 14th Amendment's Due Process Clause.
1st Amendment. Freedom of Religion, Speech, Press, Assembly, and Petition
|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 1st Amendment sets out five basic liberties: The guarantee of freedom of religion is both a protection of religious thought and practice and a command of separation of church and state. The guarantees of freedom of speech and press assure to all persons a right to speak, publish, and otherwise express their views. The guarantees of the rights of assembly and petition protect the right to join with others in public meetings, political parties, interest groups, and other associations to discuss public affairs and influence public policy. None of these rights is guaranteed in absolute terms, however; like all other civil rights guarantees, each of them may be exercised only with regard to the rights of all other persons.
2nd Amendment. Bearing 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 right of the people to keep and bear arms was insured by the 2nd Amendment.
3rd Amendment. Quartering of Troops
|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.
||This amendment was intended to prevent what had been common British practice in the colonial period; see the Declaration of Independence. This provision is of virtually no importance today.
4th Amendment. Searches and Seizures
|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 basic rule laid down by the 4th Amendment is this: Police officers have no general right to search for or seize evidence or seize (arrest) persons. Except in particular circumstances, they must have a proper warrant (a court order) obtained with probable cause (on reasonable grounds). This guarantee is reinforced by the exclusionary rule, developed by the Supreme Court: Evidence gained as the result of an unlawful search or seizure cannot be used at the court trial of the person from whom it was seized.
5th Amendment. Criminal Proceedings; Due Process; 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.
||A person can be tried for a serious federal crime only if he or she has been indicted (charged, accused of that crime) by a grand jury. No one may be subjected to double jeopardy— that is, tried twice for the same crime. All persons are protected against self-incrimination; no person can be legally compelled to answer any question in any governmental proceeding if that answer could lead to that person's prosecution. The 5th Amendment's Due Process Clause prohibits unfair, arbitrary actions by the Federal Government; a like prohibition is set out against the States in the 14th Amendment. Government may take private property for a legitimate public purpose; but when it exercises that power of eminent domain, it must pay a fair price for the property seized.