During the debates on the adoption of the
Constitution, its opponents repeatedly charged that the
Constitution as drafted would open the way to tyranny by the
central government. Fresh in their minds was the memory of the
British violation of civil rights before and during the
Revolution. They demanded a "bill of rights" that would spell
out the immunities of individual citizens. Several state
conventions in their formal ratification of the Constitution
asked for such
amendments; others ratified the Constitution with the
understanding that the amendments would be offered.
On September 25, 1789, the First Congress of the United States
therefore proposed to the state legislatures 12 amendments to
the Constitution that met arguments most frequently advanced
against it. The first two proposed amendments, which concerned
the number of constituents for each Representative and the
compensation of Congressmen, were not ratified. Articles 3 to
12, however, ratified by three-fourths of the state
legislatures, constitute the first 10 amendments of the
Constitution, known as the Bill of Rights.
The 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.
Constitutional Amendments to The Bill of Rights – Amendments 1
through 10 were ratified December 15, 1791 and form what is
known as the "Bill of Rights."
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
reexamined 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.
Amendment XI - Passed by Congress March 4, 1794. Ratified
February 7, 1795. Article III, section 2, of the Constitution
was modified by 11th Amendment.
The Judicial power of the United States shall not be construed
to extend to any suit in law or equity, commenced or
prosecuted against one of the United States by Citizens of
another State, or by Citizens or Subjects of any Foreign
State.
Amendment XII - Passed by Congress December 9, 1803. Ratified
June 15, 1804. A portion of Article II, section 1 of the
Constitution was superseded by the 12th amendment.
The Electors shall meet in their respective states and vote by
ballot for President and Vice-President, one of whom, at
least, shall not be an inhabitant of the same state with
themselves; they shall name in their ballots the person voted
for as President, and in distinct ballots the person voted for
as Vice-President, and they
shall make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President, and
of the number of votes for each, which lists they
shall sign and certify, and transmit sealed to the seat of the
government of the United States, directed to the President of
the Senate; -- the President of the Senate shall, in the
presence of the Senate and House of Representatives, open all
the certificates and the votes shall then be counted; -- The
person having the greatest number of votes for President,
shall be the President, if such number be a majority of the
whole number of Electors appointed; and if no person have such
majority, then from the persons having the highest numbers not
exceeding three on the list of those voted for as President,
the House of Representatives shall choose immediately, by
ballot, the President. But in choosing the President, the
votes shall be taken by states, the representation from each
state having one vote; a quorum for this purpose shall consist
of a member or members from two-thirds of the states, and a
majority of all the states shall be necessary to a choice.
[And if the House of Representatives shall not choose a
President whenever the right of choice shall devolve upon
them, before the fourth day of March next following, then the
Vice-President shall act as President, as in case of the death
or other constitutional disability of the President.]* The
person having the greatest number of votes as Vice-President,
shall be the Vice-President, if such number be a majority of
the whole number of Electors appointed, and if no person have
a majority, then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the
purpose shall consist of two-thirds of the whole number of
Senators, and a majority of the whole number shall be
necessary to a choice. But no person constitutionally
ineligible to the office of President shall be eligible to
that of Vice-President of the United States.
*Superseded by section 3 of the 20th amendment.
Amendment XIII - Passed by Congress January 31, 1865. Ratified
December 6, 1865. A portion of Article IV, section 2, of the
Constitution was superseded by 13th amendment.
* Section 1
Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly
convicted, shall exist within the United
States, or any place subject to their jurisdiction.
* Section 2
Congress shall have power to enforce this article by
appropriate legislation.
Amendment XIV - Passed by Congress June 13, 1866. Ratified
July 9, 1868. Article I, section 2, of the Constitution was
modified by section 2 of the 14th amendment.
* Section 1
All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor
shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.
* Section 2
Representatives shall be apportioned among the several States
according to their respective numbers, counting the whole
number of persons in each State, excluding Indians not taxed.
But when the right to vote at any election for the choice of
electors for President and Vice-President of the United
States, Representatives in Congress, the Executive and
Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants
of such State, being twenty-one years of age,* and citizens of
the United States, or in any way abridged, except for
participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion
which the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such State.
* Section 3
No person shall be a Senator or Representative in Congress, or
elector of President and Vice-President, or hold any office,
civil or military, under the United States, or under any
State, who, having previously taken an oath, as a member of
Congress, or as an officer of the United States, or as a
member of any State legislature, or as an executive or
judicial officer of any State, to support the Constitution of
the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may by a vote of two- thirds of
each House, remove such disability.
* Section 4
The validity of the public debt of the United States,
authorized by law, including
debts incurred for payment of pensions and bounties for
services in suppressing insurrection or rebellion, shall not
be questioned. But neither the United States nor any State
shall assume or pay any debt or obligation incurred in aid of
insurrection or rebellion against the United States, or any
claim for the loss or emancipation of any slave; but all such
debts, obligations and claims shall be held illegal and void.
* Section 5
The Congress shall have the power to enforce, by appropriate
legislation, the
provisions of this article. *
*Changed by section 1 of the 26th amendment.
Amendment XV - Passed by Congress February 26, 1869. Ratified
February 3, 1870.
* Section 1
The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on
account of race, color, or previous condition of servitude--
* Section 2
The Congress shall have the power to enforce this article by
appropriate legislation.
Amendment XVI - Passed by Congress July 2, 1909. Ratified
February 3, 1913. Article I, section 9, of the Constitution
was modified by the 16th amendment.
The Congress shall have power to lay and collect taxes on
incomes, from whatever source derived, without apportionment
among the several States, and without regard to any census or
enumeration.
Amendment XVII - Passed by Congress May 13, 1912. Ratified
April 8, 1913. Article I, section 3, of the Constitution was
modified by the 17th amendment.
The Senate of the United States shall be composed of two
Senators from each State, elected by the people thereof, for
six years; and each Senator shall have one vote. The electors
in each State shall have the qualifications requisite for
electors of the most numerous branch of the State
legislatures.
When vacancies happen in the representation of any State in
the Senate, the executive authority of such State shall issue
writs of election to fill such vacancies: Provided, That the
legislature of any State may empower the executive thereof to
make temporary appointments until the people fill the
vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the
election or term of any Senator chosen before it becomes valid
as part of the Constitution.
Amendment XVIII - Passed by Congress December 18, 1917.
Ratified January 16, 1919. Repealed by amendment 21.
* Section 1
After one year from the ratification of this article the
manufacture, sale, or
transportation of intoxicating liquors within, the importation
thereof into, or the
exportation thereof from the United States and all territory
subject to the
jurisdiction thereof for beverage purposes is hereby
prohibited.
* Section 2
The Congress and the several States shall have concurrent
power to enforce this article by appropriate legislation.
* Section 3
This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the
legislatures of the several States, as provided in the
Constitution, within seven years from the date of the
submission hereof to the States by the Congress.
Amendment XIX - Passed by Congress June 4, 1919. Ratified
August 18, 1920.
The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on
account of sex.
Congress shall have power to enforce this article by
appropriate legislation.
Amendment XX - Passed by Congress March 2, 1932. Ratified
January 23, 1933. Article I, section 4, of the Constitution
was modified by section 2 of this amendment. In addition, a
portion of the 12th amendment was superseded by section 3.
* Section 1
The terms of the President and the Vice President shall end at
noon on the 20th day of January, and the terms of Senators and
Representatives at noon on the 3rd day of January, of the
years in which such terms would have ended if this article had
not been ratified; and the terms of their successors shall
then begin.
* Section 2
The Congress shall assemble at least once in every year, and
such meeting shall begin at noon on the 3d day of January,
unless they shall by law appoint a different day.
* Section 3
If, at the time fixed for the beginning of the term of the
President, the President
elect shall have died, the Vice President elect shall become
President. If a President shall not have been chosen before
the time fixed for the beginning of his term, or if the
President elect shall have failed to qualify, then the Vice
President elect shall act as President until a President shall
have qualified; and the Congress may by law provide for the
case wherein neither a President elect nor a Vice President
shall have qualified, declaring who shall then act as
President, or the manner in which one who is to act shall be
selected, and such person shall act accordingly until a
President or Vice President shall have qualified.
* Section 4
The Congress may by law provide for the case of the death of
any of the persons from whom the House of Representatives may
choose a President whenever the right of choice shall have
devolved upon them, and for the case of the death of any of
the persons from whom the Senate may choose a Vice President
whenever the right of choice shall have devolved upon them.
* Section 5
Sections 1 and 2 shall take effect on the 15th day of October
following the ratification of this article.
* Section 6
This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the
legislatures of three-fourths of the several States within
seven years from the date of its submission.
Amendment XXI - Passed by Congress February 20, 1933. Ratified
December 5, 1933.
* Section 1
The eighteenth article of amendment to the Constitution of the
United States is
hereby repealed.
* Section 2
The transportation or importation into any State, Territory,
or Possession of the
United States for delivery or use therein of intoxicating
liquors, in violation of the
laws thereof, is hereby prohibited.
* Section 3
This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by conventions in
the several States, as provided in the Constitution, within
seven years from the date of the submission hereof to the
States by the Congress.
Amendment XXII - Passed by Congress March 21, 1947. Ratified
February 27, 1951.
* Section 1
No person shall be elected to the office of the President more
than twice, and no person who has held the office of
President, or acted as President, for more than two years of a
term to which some other person was elected President shall be
elected to the office of President more than once. But this
Article shall not apply to any person holding the office of
President when this Article was proposed by Congress, and
shall not prevent any person who may be holding the office of
President, or acting as President, during the term within
which this Article becomes operative from holding the office
of President or acting as President during the remainder of
such term.
* Section 2
This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the
legislatures of three-fourths of the several States within
seven years from the date of its submission to the States by
the Congress.
Amendent XXIII - Passed by Congress June 16, 1960. Ratified
March 29, 1961.
* Section 1
The District constituting the seat of Government of the United
States shall appoint in such manner as Congress may direct:
A number of electors of President and Vice President equal to
the whole number of Senators and Representatives in Congress
to which the District would be entitled if it were a State,
but in no event more than the least populous State; they shall
be in addition to those appointed by the States, but they
shall be considered, for the purposes of the election of
President and Vice President, to be electors appointed by a
State; and they shall meet in the District and perform such
duties as provided by the twelfth article of amendment.
* Section 2
The Congress shall have power to enforce this article by
appropriate legislation.
Amendment XXIV - Passed by Congress August 27, 1962. Ratified
January 23, 1964.
* Section 1
The right of citizens of the United States to vote in any
primary or other election for President or Vice President, for
electors for President or Vice President, or for
Senator or Representative in Congress, shall not be denied or
abridged by the
United States or any State by reason of failure to pay poll
tax or other tax.
* Section 2
The Congress shall have power to enforce this article by
appropriate legislation.
Amendment XXV - Passed by Congress July 6, 1965. Ratified
February 10, 1967. Article II, section 1, of the Constitution
was affected by the 25th amendment.
* Section 1
In case of the removal of the President from office or of his
death or resignation,
the Vice President shall become President.
* Section 2
Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who
shall take office upon confirmation by a majority vote of both
Houses of Congress.
* Section 3
Whenever the President transmits to the President pro tempore
of the Senate and the Speaker of the House of Representatives
his written declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to
them a written declaration to the contrary, such powers and
duties shall be discharged by the Vice President as Acting
President.
* Section 4
Whenever the Vice President and a majority of either the
principal officers of the
executive departments or of such other body as Congress may by
law provide,
transmit to the President pro tempore of the Senate and the
Speaker of the House of Representatives their written
declaration that the President is unable to discharge the
powers and duties of his office, the Vice President shall
immediately assume the powers and duties of the office as
Acting President.
Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability
exists, he shall resume the powers and duties of his office
unless the Vice President and a majority of either the
principal officers of the executive department or of such
other body as Congress may by law provide, transmit within
four days to the President pro tempore of the Senate and the
Speaker of the House of Representatives their written
declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall
decide the issue, assembling within forty-eight hours for that
purpose if not in session. If the Congress, within twenty-one
days after receipt of the latter written declaration, or, if
Congress is not in session, within twenty-one days after
Congress is required to assemble, determines by two-thirds
vote of both Houses that the President is unable to discharge
the powers and duties of his office, the Vice President shall
continue to discharge the same as Acting President; otherwise,
the President shall resume the powers and duties of his
office.
Amendment XXVI - Passed by Congress March 23, 1971. Ratified
July 1, 1971. Amendment 14, section 2, of the Constitution was
modified by section 1 of the 26th amendment.
* Section 1
The right of citizens of the United States, who are eighteen
years of age or older, to vote shall not be denied or abridged
by the United States or by any State on account of age.
* Section 2
The Congress shall have power to enforce this article by
appropriate legislation.
Amendment XXVII - Originally proposed Sept. 25, 1789. Ratified
May 7, 1992.
No law, varying the compensation for the services of the
Senators and Representatives, shall take effect, until an
election of representatives shall have
intervened.
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