The Bill of Rights
With modern language explanations of each article
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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.
Government can neither impose a state religion upon
you nor punish you for exercising the religion of
your choice. You may express your opinions, write
and publish what you wish, gather peacefully with
others, and formally ask government to correct injustices.
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.
Individuals (the people) have the right to own and
use weapons without interference from the government.
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.
The government cannot force you to house its agents.
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.
You may not be arrested or detained arbitrarily.
No agency of government may inspect or seize your
property or possessions without first obtaining
a warrant. To obtain a warrant, they must show specific
cause for the search or seizure and swear under
oath that they are telling the truth about these
reasons. Furthermore, the warrant itself must state
specifically and in detail the place, things, or
people it covers. Warrants that are too general
of vague are not valid; searches or seizures that
exceed the terms of the warrant are not valid.
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.
No one outside the military may be tried for a serious
crime without first being indicted by a grand jury
(of citizens). Once found not guilty, a person may
not be tried again for the same deed. You can't
be forced to be a witness or provide evidence against
yourself in a criminal case. You can't be sent to
prison or have your assets seized without due process.
The government can't take your property for public
use without paying market value for it.
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.
Trials cannot be unreasonably postponed or held
in secret. In any criminal case against you, you
have a right to public trial by a jury of unbiased
citizens (thus ensuring that the state can't use
a "party-line" judge to railroad you).
The trial must be held in the state or region where
the crime was committed. You cannot be held without
charges. You cannot be held on charges that are
kept secret from you. You have a right to know who
is making accusations against you and to confront
those witnesses in court. You have the right to
subpoena witnesses to testify in your favor and
a right to the services of an attorney.
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.
The right to trial by jury extends to civil, as
well as criminal, cases. Once a jury has made its
decision, no court can overturn or otherwise change
that decision except via accepted legal processes
(for instance, granting of a new trial when an appeals
court determines that your rights were violated
in the original proceeding).
Amendment VIII - Excessive bail shall not
be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted.
Bail, fines, and punishments must all fit the crime
and punishments must not be designed for cruelty.
Amendment IX - The enumeration in the Constitution,
of certain rights, shall not be construed to deny
or disparage others retained by the people.
You have more rights than are specifically listed
in 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.
The U.S. federal government has only those specific
powers granted to it by the Constitution. All other
powers belong either to the states or to individuals.
The Ninth and Tenth Amendments, taken together,
mean that the federal government has only the authority
granted to it, while the people are presumed to
have any right or power not specifically forbidden
to them. The Bill of Rights as a whole is dedicated
to describing certain key rights of the people that
the government is categorically forbidden to remove,
abridge, or infringe. The Bill of Rights clearly
places the people in charge of their own lives,
and places the government within strict limits -
the very opposite of the situation we have allowed
to develop today. |
