The Bill of Rights

The Bill of Rights comprises the first ten amendments to the Constitution, ratified in 1791. These amendments guarantee fundamental individual liberties and limit the power of the federal government.

First Amendment

The First Amendment protects five essential freedoms:

Freedom of religion (Establishment Clause and Free Exercise Clause)

Freedom of speech — including symbolic speech and, with limits, commercial speech

Freedom of the press

Right to peaceably assemble

Right to petition the government for redress of grievances

Speech is not absolute: the government may restrict obscenity, true threats, incitement to imminent lawless action, and fighting words.

Second Amendment

Protects the right to keep and bear arms. In District of Columbia v. Heller (2008), the Supreme Court held this is an individual right, not limited to militia service.

Fourth Amendment

Prohibits unreasonable searches and seizures and requires warrants to be supported by probable cause. The exclusionary rule prevents illegally obtained evidence from being used at trial.

Fifth Amendment

Provides several protections:

Grand jury indictment for serious federal crimes

Protection against double jeopardy (being tried twice for the same offense)

The right against self-incrimination ("pleading the Fifth")

Due process of law before deprivation of life, liberty, or property

Just compensation for government taking of private property (eminent domain)

Sixth Amendment

Guarantees criminal defendants the right to a speedy and public trial, an impartial jury, notice of charges, the ability to confront witnesses, and the right to counsel.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment. Courts have interpreted this to evolve with society's "standards of decency."

Ninth and Tenth Amendments

The Ninth Amendment states that listing certain rights does not deny other rights retained by the people. The Tenth Amendment reserves powers not delegated to the federal government to the states or the people.

The Bill of Rights