Amending the Constitution: The Bill of Rights
Some Anti-federalists feared that the government created under the Constitution, like the British monarchy, would prove destructive to citizens' liberties. They urged that a Bill of Rights be added to the Constitution, which would specify citizens' rights and place limits on government's powers. Although the Constitution created the structure of the government of the United States, it said virtually nothing about the relationship between government and citizens. The Constitution provided for amendments to be added to the Constitution if proposed by a two-thirds majority in both the House of Representatives and the Senate, or by a new Constitutional convention called by two-thirds of the states, and then ratified by three-fourths of the states. So, it was possible, although not easy, to amend the Constitution. The Bill of Rights, the first ten Amendments to the Constitution, was written in 1789 and ratified by the states in 1791.
The Bill of Rights consists of the following ten amendments:
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."
II. "A well-ordered Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."
III. Bars the government from allowing troops to be quartered in citizens' homes during peacetime. During wartime, the government can quarter troops in citizens' home only if it writes laws to permit soldiers to occupy homes and other private property.
IV. Prohibits unreasonable searches and seizures of citizens' property. Governments must obtain a warrant, which specify exactly the place to be searched, and the persons or things to be seized, if they have probable cause to suspect a citizen of a crime.
V. Citizens accused of a crime must first be indicted by a grand jury (a jury that decides whether there is enough evidence formally to charge a citizen with committing a crime). Citizens accused of crimes cannot be subjected to "double jeopardy," that is, tried a second time for an offense if they already have been found not guilty. Citizens cannot be forced to testify against themselves, "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."
VI. Citizens charged with committing a crime have the right to "a speedy and public trial," before an impartial jury. They are entitled to be informed of the accusations against them, to confront the witnesses testifying against them, and to obtain witnesses in their favor. They also have a right to counsel (legal representation).
VII. Citizens engaged in lawsuits (private suits against other citizens) also have the right to a jury trial.
VIII. Prohibits excessive bail or fines and "cruel and unusual punishments."
IX. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." In other words, there are other rights "retained by the people" that are not mentioned in the Bill of Rights.
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."