Constitution of
the United States |
Bill of Rights |
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit
the government's power in judicial and other proceedings, and reserve
some powers to the states and the public. While originally the amendments
applied only to the federal government, most of their provisions have
since been held to apply to the states by way of the Fourteenth Amendment.
The amendments were introduced by James Madison to the 1st United States Congress as a series of legislative articles. They were adopted by the House of Representatives on August 21, 1789,formally proposed by joint resolution of Congress on September 25, 1789, and came into
effect as Constitutional Amendments on December 15, 1791, through the
process of ratification by three-fourths of the States. While twelve amendments
were passed by Congress, only ten were originally passed by the states.
Of the remaining two, one was adopted as the Twenty-seventh Amendment and the other technically remains pending before
the states.
Originally, the Bill of Rights included legal protection
for land-owning white men only,[3] excluding African Americans and women.[It took additional Constitutional Amendments and numerous Supreme Court cases to extend the same rights to all U.S. citizens.
The Bill of Rights plays a key role in American law and government, and remains a vital symbol of the
freedoms and culture of the nation. One of the first fourteen copies of
the Bill of Rights is on public display at the National Archives in Washington.
James Madison, "Father of the Constitution" and first author of the Bill
of Rights
Die Bill of Rights besteht aus den ersten zehn Zusatzartikeln zur Verfassung der Vereinigten
Staaten. Diese
sichern den Einwohnern im Rahmen einer freien und demokratischen Gesellschaft
- auf der Basis von Werten der Aufklärung - bestimmte unveräußerliche Grundrechte zu. Die Bill of Rights wurde vom amerikanischen Kongress am 25. September 1789 beschlossen
und von 11 Bundesstaaten ratifiziert. Dieser Vorgang war am 15. Dezember
1791 abgeschlossen.
Die Besonderheit der Bill of Rights liegt vor allem im Grundsatz der Verfassungsgerichtsbarkeit, das heißt die Rechte sind für jeden Bürger am Obersten Gerichtshof einklagbar, auch gegenüber staatlichen Gesetzen,
die nicht verfassungskonform sind.
Ratification of the Constitution |
|
Date |
State |
Votes |
Yes |
No |
1 |
December 7, 1787 |
Delaware |
30 |
0 |
2 |
December 11, 1787 |
Pennsylvania |
46 |
23 |
3 |
December 18, 1787 |
New
Jersey |
38 |
0 |
4 |
January 2, 1788 |
Georgia |
26 |
0 |
5 |
January 9, 1788 |
Connecticut |
128 |
40 |
6 |
February 6, 1788 |
Massachusetts |
187 |
168 |
7 |
April 26, 1788 |
Maryland |
63 |
11 |
8 |
May 23, 1788 |
South
Carolina |
149 |
73 |
9 |
June 21, 1788 |
New
Hampshire |
57 |
47 |
10 |
June 25, 1788 |
Virginia |
89 |
79 |
11 |
July 26, 1788 |
New
York |
30 |
27 |
12 |
November 21, 1789 |
North
Carolina |
194 |
77 |
13 |
May 29, 1790 |
Rhode
Island |
34 |
32 |
Original Ten Amendments: The Bill of Rights
Passed by Congress September 25, 1789.
Ratified December 15, 1791.
- Freedom of Speech, Press,
Religion and Petition
|
- Right to keep and bear arms
|
- Conditions for quarters
of soldiers
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- Right of search and seizure regulated
|
- Provisons concerning prosecution
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- Right to a speedy trial,
witnesses, etc.
|
- Right to a trial by jury
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- Excessive bail, cruel
punishment Exce
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- Rule of construction of Constitution
|
- Rights of the States under Constitution
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- Freedom of Speech, Press,
Religion 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. 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 .
|
- Right to keep and 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. 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.
|
- Conditions for quarters
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. 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.
|
- Right of search and seizure
regulated
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 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.
|
- Provisons concerning prosecution
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.
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.
|
- Right to a speedy trial,
witnesses, etc.
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 where in 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 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.
|
- Right to a trial by jury Right to a trial by jury
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. 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.
|
- Excessive bail, cruel
punishment Excessive bail, cruel punishment
Excessive bail shall not
be required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
|
- Rule of construction of
Constitution Rule of construction of Constitution
The enumeration in the Constitution,
of certain rights, shall not be construed to deny or disparage others
retained by the people. The enumeration in the Constitution, of certain
rights, shall not be construed to deny or disparage others retained
by the people.
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- Rights of the States under
Constitution Rights of the States under Constitution
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
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.
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