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Bill of Rights

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[[Image:BoR.jpg|thumb|140px]][[Image:BoR2.jpg|thumb|140px|The '''"Bill of Rights"'''. On September 25, 1789, ]]During the debates on the First Federal Congress adoption of the United States proposed to [[Constitution]], its opponents repeatedly charged that the state legislatures twelve amendments Constitution as drafted would open the way to tyranny by the Constitutiongeneral government. The first two, concerning Fresh in their minds was the number memory of constituents for each Representative and the compensation British violation of Congressmen, were not ratifiedcivil rights before and during the [[American Revolution]]. Articles three through twelve, known as They demanded a "'''bill of rights'''" that would spell out the Bill immunities of individual citizens. Several state conventions in their formal ratification of Rights, became the first ten Constitution asked for such amendments to ; others ratified the U.S. Constitution on December 15, 1791, and contained guarantees of essential rights and liberties omitted in with the crafting of understanding that the original documentamendments would be offered. [http://www.americaslibrary.gov/cgi-bin/page.cgi/jb/nation/bofright_1]
The intention of these enumerated rights were expressly as limitations upon the general government. At their introduction, they opened with the following:
:''The Conventions of a Number of the States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added''<ref>[https://www.loc.gov/resource/rbc0001.2010madison38253/?sp=1 The conventions of a number of the states having, at the time of their adopting the Constitution...], [[LOC]]</ref><ref>[https://books.google.com/books?id=bMNgAAAAcAAJ&pg=PP90 Laws of the United States of America ; from the 4th of March, 1789]</ref>
==Background==
On June 8th, 1789, Madison proposed a series of amendments to the Constitution which would become the Bill of Rights. These were intended for one specific purpose: to keep government small and constrained. In his opening speech proposing the Bill of rights, James Madison said the following:<ref>[http://www.let.rug.nl/usa/documents/1786-1800/madison-speech-proposing-the-bill-of-rights-june-8-1789.php Madison speech proposing the Bill of Rights June 8 1789]</ref>
== Text :The exceptions here or elsewhere in the constitution, made in favor of Amendments 1-10 particular rights, '''shall not be so construed''' as to diminish the just importance of other rights retained by the Constitution: ==people; or '''as to enlarge the powers delegated by the constitution'''; but either as actual limitations of such powers, or as '''inserted merely for greater caution'''.
<blockquote>'''"The Conventions of a number Later, the First Congress of the United States having, at therefore proposed on September 25 to the time of adopting state legislatures 12 amendments to the Constitution. These amendments met arguments most frequently advanced against the Constitution. Articles 3 to 12, expressed a desireratified December 15, ''in order to prevent misconstruction or abuse of its powers''1791, that further declaratory and restrictive clauses should be added, and as extending the ground by three-fourths of public confidence in the Government will best insure the beneficent ends of its institution;''' <br>'''Resolvedstate legislatures, by constitute the Senate and House of Representatives first 10 amendments of the United States of AmericaConstitution, in Congress assembled, two-thirds known as the Bill of both Houses concurring, that Rights. Article 2 concerning “varying the following articles be proposed to compensation for the Legislatures services of the several StatesSenators and Representatives” was finally ratified on May 7, 1992 as amendments the 27th Amendment to the Constitution of . The first amendment, which concerned the United States; all or any number of which articlesconstituents for each Representative, when was never ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:"'''</blockquote> .
*Amendment ICongress shall make no law respecting an establishment of religionBeginning in the late 1800's, or prohibiting during the free exercise thereof; or abridging the freedom of speech[[Progressive Era]], or articles of the press; or the right Bill of the people peaceably Rights began to assemble, and to petition be incorporated in favor of the Federal government for and against the states in a redress process known as the [[Incorporation doctrine]]. When the original twelve Bill of grievancesRights were first proposed, it contained the following description as "declaratory and restrictive clauses". Incorporation has the opposite effect.
==Transcript of Bill of Rights (1791)==
Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.
*Amendment IIA well regulated militia, being necessary to the security The conventions of a free statenumber of the states, having at the right time of their adopting the people Constitution, expressed a desire, in order to keep and bear armsprevent misconstruction or abuse of its powers, shall not that further declaratory and restrictive clauses should be infringedadded; and as extending the ground of public confidence in the government, will best ensure the beneficent ends of its institution;-<ref>[https://books. google.com/books?id=zotKAAAAYAAJ&pg=PA338 The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787]</ref>
''Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled'', two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
*Amendment IIINo soldier shall, ''Articles in time of peace be quartered in any houseaddition to, without and Amendment of the consent Constitution of the ownerUnited States of America, nor in time proposed by Congress, and ratified by the Legislatures of warthe several States, but in a manner pursuant to be prescribed by lawthe fifth Article of the original Constitution. ''
===Article the first===
After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.
*Amendment IV===Article the second===The right No law, varying the compensation for the services of the people to be secure in their persons, houses, papers, Senators and effects, against unreasonable searches and seizuresRepresentatives, shall not be violatedtake effect, and no warrants until an election of Representatives 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 seizedhave intervened.
===Article the third===
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.
*Amendment V===Article the fourth===No person shall be held A well regulated Militia, being necessary to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment the security of a grand juryfree State, except in cases arising in the land or naval forces, or in the militia, when in actual service in time right of war or public danger; nor shall any person be subject for the same offense people to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himselfkeep and bear Arms, nor be deprived of life, liberty, or property, without due process of law; nor shall private property not be taken for public use, without just compensationinfringed.
===Article the fifth===
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.
*Amendment VI===Article the sixth===In all criminal prosecutions, The right of the accused shall enjoy the right people to a speedy be secure in their persons, houses, papers, and public trialeffects, by an impartial jury of the state against unreasonable searches and district wherein the crime seizures, shall have been committednot be violated, which district and no Warrants shall have been previously ascertained issue, but upon probable cause, supported by lawOath or affirmation, and particularly describing the place to be informed of the nature searched, and cause of the accusation; persons or things 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 defenseseized.
===Article the seventh===
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.
*Amendment VII===Article the eighth===In suits at common lawall criminal prosecutions, where the value in controversy accused shall exceed twenty dollars, enjoy the right of to a speedy and public trial , by an impartial jury of the State and district wherein the crime shall be preservedhave been committed, and no fact tried which district shall have been previously ascertained by a jurylaw, shall and to be otherwise reexamined in any court informed of the United Statesnature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, than according and to have the rules Assistance of the common lawCounsel for his defense.
===Article the ninth===
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.
*Amendment VIII===Article the tenth===Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
===Article the eleventh===
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
*Amendment IX===Article the twelfth===The enumeration in powers not delegated to the United States by the Constitution, of certain rightsnor prohibited by it to the States, shall not be construed are reserved to deny the States respectively, or disparage others retained by to the people.
ATTEST,
Frederick Augustus Muhlenberg, Speaker of the House of Representatives
John Adams, Vice-President of the United States, and President of the Senate
John Beckley, Clerk of the House of Representatives.Sam. A Otis Secretary of the Senate---- ==Bibliography==*Amendment XAmar, Akhil Reed. ''The Bill of Rights: Creation and Reconstruction.'' (1998). 412 pp. standard history* Arsenault, Raymond, ed. ''Crucible of Liberty: 200 Years of the Bill of Rights.'' (1991). 215 pp.* Bodenhamer, David J. and Ely, James W., Jr., eds. ''The Bill of Rights in Modern America: After 200 Years.' '(1993). 246 pp.* Conley, Patrick T. and Kaminski, John P., eds. ''The powers not delegated to Bill of Rights and the United States : The Colonial and Revolutionary Origins of American Liberties.'' (1992). 542 pp.* Ely, James W., Jr. ''The Guardian of Every Other Right: A Constitutional History of Property Rights.'' (1992). 193 pp.* Hickok, Eugene W., Jr., ed. ''The Bill of Rights: Original Meaning and Current Understanding.'' (1991). 487 pp* Hoffman, Ronald and Albert, Peter J., eds. ''The Bill of Rights: Government Proscribed.'' (1997). 463 pp. essays by scholars* Lacey, Michael J. and Haakonssen, Knud, eds. ''A Culture of Rights: The Bill of Rights in Philosophy, Politics, and Law, 1791-1991.'' (1992). 474 pp.* Levy, Leonard W. ''Origins of the ConstitutionBill of Rights.'' (1999). 306 pp.* Licht, nor prohibited by it to Robert A., ed. ''The Framers and Fundamental Rights.'' American Enterprise Institute Press, 1991. 194 pp.* Pacheco, Josephine F., ed. ''To Secure the statesBlessings of Liberty: Rights in American History.'' (George Mason Lectures.) (1993). 194 pp.* Wood, are reserved to James E., Jr., ed. ''The First Freedom: Religion and the states respectivelyBill of Rights.'' Baylor U., or to Dawson Institute of Church-State Studies, 1990. 181 pp.===Primary sources===* Cogan, Neil H., ed. ''The Complete Bill of Rights: The Drafts, Debates, Sources, and Origins.'' (1997). 708 pp. ==See also==* [[Bill of Rights Day]]* [[United States Constitution]]* [[Unalienable rights]] ==References=={{reflist|1}} ==External links==*Charles, Robert (March 28, 2018). [https://www.foxnews.com/opinion/2018/03/28/if-second-amendment-falls-our-entire-bill-rights-falls.html If the peopleSecond Amendment falls, our entire Bill of Rights falls].''Fox News''. {{US amendments}} [[Category:Bill of Rights]][[Category:United States Constitution]][[Category:American State Papers]][[Category:Human Rights]][[Category:American Revolution]][[Category:Republicanism]][[Category:First Amendment]][[Category:Anti-Communism]][[Category:Pro Second Amendment]][[categoryCategory:constitutionVeterans]]
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