Bill of Rights

The First 10 Amendments

The Constitution was remarkable but incomplete because it did not include a declaration of individual rights. It stated what the government could do but did not say what it could not do. In 1791, this gap was filled. Inspired by Thomas Jefferson and drafted by James Madison, the first 10 amendments were added to the Constitution.

The first eight amendments establish specific guarantees. These are the freedoms of religion, speech, press, and the right of the people to assemble and to petition the government. Other provisions contained in the first eight amendments also deal with the rights of individuals. The Fourth Amendment protects individuals from excessive searches and seizures by law enforcement officials. The Fifth Amendment prohibits double jeopardy, and it states that people cannot be forced to testify against themselves and guarantees due process. The Sixth Amendment establishes the right of an accused person to a public trial by jury. The defendant also has the right to a lawyer, and to confront witnesses. The Eighth Amendment prohibits the infliction of cruel and unusual punishment on those convicted of a crime. The Ninth Amendment states that the American people have rights that are not specified in the Constitution or the Bill of Rights. The Tenth Amendment stresses the national character of the U.S. constitutional system. The remaining amendments address other specific issues. The Second Amendment acknowledges that the people's right “to keep and bear Arms, shall not be infringed.” The Third Amendment prevents the government from making citizens shelter soldiers in their homes.

The Seventh Amendment assures a trial by jury in civil cases. Originally, the Bill of Rights [Page 351]applied only to the laws and activities of the federal government. It was not until after the Civil War that the Bill of Rights’ provisions were applied to the individual states.

Equality for Women and Minorities

The Bill of Rights seemed to be written in wide-ranging language that excluded no one, but, in fact, it was not intended to protect all the people. Whole groups were left out. Women were second-class citizens, essentially the property of their men and unable even to vote until 1920, when the Nineteenth Amendment was ratified. Native Americans were completely left outside the constitutional system. They were governed not by ordinary American laws but by federal treaties and statutes that deprived tribes of most of their land and much of their political autonomy. The Bill of Rights ruled for nearly 135 years before Congress granted Native Americans U.S. citizenship. And it was well sensed that there was a “race exception” to the Constitution.

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