Charter · original text
The Bill of Rights
Amendments I through X, as proposed by the First Congress and ratified by the States on December 15, 1791. CARTA treats each as a hard floor. A bill that fits Article I §8 still fails if it abridges these rights.
Proposed by the First Congress, September 25, 1789. Ratified December 15, 1791 as Amendments I–X.
Amendment I
Religion, speech, press, assembly, 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.
Legislative test — Does the bill abridge speech, press, assembly, petition, or free exercise, or establish a civic creed?
Amendment II
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.
Legislative test — Does it infringe the right of the people to keep and bear Arms?
Amendment III
Quartering 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.
Legislative test — Does it quarter soldiers, agents, or apparatus in private houses without consent?
Amendment IV
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.
Legislative test — Does it search persons, houses, papers, or effects without a particular warrant on probable cause?
Amendment V
Grand jury, double jeopardy, self-incrimination, due process, takings
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.
Legislative test — Does it take life, liberty, or property without due process, or take private property without just compensation?
Amendment VI
Speedy public trial, jury, confrontation, counsel
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.
Legislative test — Does it replace a public jury trial with an administrative penalty, secret charge, or denied counsel?
Amendment VII
Civil 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 re-examined in any Court of the United States, than according to the rules of the common law.
Legislative test — Does it strip a common-law controversy of its jury?
Amendment VIII
Bail, fines, cruel and unusual punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Legislative test — Does it impose excessive bail or fines, or cruel and unusual punishment?
Amendment IX
Rights 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.
Legislative test — Does it treat the Bill of Rights as a closed list, denying retained rights?
Amendment X
Powers reserved to the States or 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.
Legislative test — Is every operative clause a delegated power? If not, it is reserved.