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 The
Bill of Rights and other
Amendments to the Constitution
of the
United States of
America
Commentary by
David M. Fitzpatrick
Last updated
Sunday, 26 February 2006
The first ten amendments is referred to as the
Bill of Rights. All amendments are reproduced here.
See also:
The Constitution, The
Declaration of Independence |
Amendment I:
Freedom of Religion, Press, Expression
Ratified 12/15/1791
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.
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The key Amendment, the one about which fierce
arguments have been had... and there's no reason for it. The language here
is very clear. Read also Freedom OF and
FROM Religion and Separation of State
and Church for more on this topic. The opening clause is known as the
Establishment Clause, and has been violated by the United States government
more times than can be counted, from the inclusion of prayer to open
Congressional sessions to the Ten Commandments in courts to the addition of
"under God" to the Pledge of Allegiance and
"In God We Trust" on our money, and
far beyond. |
Amendment II:
Right to bear arms
Ratified 12/15/1791
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.
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The gun-toters claim that this means everyone
should be able to have guns, since they're fireARMS. But the right to keep
and bear arms doesn't refer to JUST firearms. Swords, knives, clubs, and the
like are also arms, and were considered such thousands of years before guns
were invented. |
Amendment III:
Quartering of soldiers
Ratified 12/15/1791
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.
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Amendment IV:
Search and seizure
Ratified 12/15/1791
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.
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Amendment V:
Trial and Punishment,
Compensation for Takings
Ratified 12/15/1791
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.
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Double jeopardy is covered here—that is, the
"you can't be tried twice for the same offense" bit. This interpretation
would seem to show the fallibility of the courts, however; the wording
clearly says "nor shall any person be subject for the same offense to be
twice put in jeopardy of life or limb." It seems very clear that this
Amendment doesn't prevent trying someone twice for the same offense, just
that he cannot be put in jeopardy twice if his life is at stake (or his
limbs, apparently). So how do the courts get "can't be tried twice for the
same offense" out of this? |
Amendment VI:
Right to speedy trial, confrontation of witnesses
Ratified 12/15/1791
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.
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Amendment VII:
Trial by jury in civil cases
Ratified 12/15/1791
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.
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Amendment VIII
Cruel and Unusual punishment
Ratified 12/15/1791
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments inflicted.
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The courts have long been able to interpret
very broad Constitutional statements rather narrowly. How does one define
"excessive bail," "excessive fines," and "cruel and unusual punishments?"
Would a cruel and unusual punishment include making a man dress like a clown
in a chicken suit running barefoot through a field of needles? How does one
determine such a thing? Well, the courts have done it, and their decisions
are generally accepted. So why is the religion thing so difficult? |
Amendment IX:
Construction of Constitution
Ratified 12/15/1791
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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The Ninth Amendment is a key piece of legal
wording that is often overlooked by those fighting against religious
domination. #9 says that regardless of what the Constitution says, it
doesn't take away any other rights we have under other laws. While the
Constitution is one of the keystones of our legal system, the founders
appeared to have recognized that it couldn't be used as an end-all, be-all
tool that kicked everything else out of the way. As an example, just because
the First Amendment guarantees freedom OF religion doesn't mean that
non-religious people should be denied freedom FROM religion! |
Amendment X:
Powers of the States and People
Ratified 12/15/1791
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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Amendment XI:
Judicial Limits
Ratified 2/7/1795
The Judicial power of the United States shall
not be construed to extend to any suit in law or equity, commenced or
prosecuted against one of the United States by Citizens of another State, or
by Citizens or Subjects of any Foreign State.
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Amendment XII:
Choosing the President, Vice-President
Ratified 6/15/1804
The Electors shall meet in their respective
states, and vote by ballot for President and Vice-President, one of whom, at
least, shall not be an inhabitant of the same state with themselves; they
shall name in their ballots the person voted for as President, and in
distinct ballots the person voted for as Vice-President, and they shall make
distinct lists of all persons voted for as President, and of all persons
voted for as Vice-President and of the number of votes for each, which lists
they shall sign and certify, and transmit sealed to the seat of the
government of the United States, directed to the President of the Senate;
The President of the Senate shall, in the
presence of the Senate and House of Representatives, open all the
certificates and the votes shall then be counted;
The person having the greatest Number of
votes for President, shall be the President, if such number be a majority of
the whole number of Electors appointed; and if no person have such majority,
then from the persons having the highest numbers not exceeding three on the
list of those voted for as President, the House of Representatives shall
choose immediately, by ballot, the President. But in choosing the President,
the votes shall be taken by states, the representation from each state
having one vote; a quorum for this purpose shall consist of a member or
members from two-thirds of the states, and a majority of all the states
shall be necessary to a choice. And if the House of Representatives shall
not choose a President whenever the right of choice shall devolve upon them,
before the fourth day of March next following, then the Vice-President shall
act as President, as in the case of the death or other constitutional
disability of the President.
The person having the greatest number of
votes as Vice-President, shall be the Vice-President, if such number be a
majority of the whole number of Electors appointed, and if no person have a
majority, then from the two highest numbers on the list, the Senate shall
choose the Vice-President; a quorum for the purpose shall consist of two-
thirds of the whole number of Senators, and a majority of the whole number
shall be necessary to a choice. But no person constitutionally ineligible to
the office of President shall be eligible to that of Vice-President of the
United States.
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What a sad example of how our democracy really
isn't one. We don't even choose our own President, even though we think we
do. Electors can cast votes for whomever they choose, not necessarily for
whom the voters in their States decided by popular vote (it's happened
before; how about the "DEWEY DEFEATS TRUMAN!" newspaper headline?). Whatever
logic was used in establishing the Electoral system doesn't make any sense
now. Perhaps it was because, back when the Constitution was written, it
would have been a lot harder to tally up millions of votes and transport
them across the country; maybe it was just another ploy by those above the
majority lower class to attain more control over the politics of their new
country. Either way, it's useless now. In this day and age of high-speed
telecommunications (not to mention fast transportation around the globe),
there is no need to stay with this system. Only a true democratic process to
choose President and Vice-President makes any sense. Time to amend this one
(hard to pull THAT one off, I am sure). |
Amendment XIII:
Slavery Abolished
Ratified 12/6/1865
1. Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place subject to
their jurisdiction.
2. Congress shall have power to enforce
this article by appropriate legislation.
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Imagine that! It took 74 years after the
Founders abolished slavery... 74 years to decide black people were, in fact,
people. Even then, they still didn't have the right to vote. Even still,
slavery was still legal as "a punishment for crime." So a convicted felon
could be forced into slavery?! |
Amendment XIV:
Citizenship rights
Ratified 7/9/1868
1. All persons born or naturalized in the
United States, and subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No State shall make or
enforce any law which shall abridge the privileges or immunities of citizens
of the United States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.
2. Representatives shall be apportioned
among the several States according to their respective numbers, counting the
whole number of persons in each State, excluding Indians not taxed. But when
the right to vote at any election for the choice of electors for President
and Vice-President of the United States, Representatives in Congress, the
Executive and Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants of such State,
being twenty-one years of age, and citizens of the United States, or in any
way abridged, except for participation in rebellion, or other crime, the
basis of representation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number of male citizens
twenty-one years of age in such State.
3. No person shall be a Senator or
Representative in Congress, or elector of President and Vice-President, or
hold any office, civil or military, under the United States, or under any
State, who, having previously taken an oath, as a member of Congress, or as
an officer of the United States, or as a member of any State legislature, or
as an executive or judicial officer of any State, to support the
Constitution of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the enemies thereof.
But Congress may by a vote of two-thirds of each House, remove such
disability.
4. The validity of the public debt of the
United States, authorized by law, including debts incurred for payment of
pensions and bounties for services in suppressing insurrection or rebellion,
shall not be questioned. But neither the United States nor any State shall
assume or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations and claims shall
be held illegal and void.
5. The Congress shall have power to
enforce, by appropriate legislation, the provisions of this article.
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Reps depend on the population of males over
21? The Founders still weren't considering women to matter.
Senators and Reps cannot have engaged in
rebellion or insurrection against the USA... unless Congress votes them as
OK? Well, if the people want to VOTE them in, they should be VOTED in!
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Amendment XV:
Race no bar to vote
Ratified 2/3/1870
1. The right of citizens of the United States
to vote shall not be denied or abridged by the United States or by any State
on account of race, color, or previous condition of servitude.
2. The Congress shall have power to enforce
this article by appropriate legislation.
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Five years after deciding blacks were humans,
they got the right to vote. The government was really a forward-thinking
body, huh? Note that this didn't
include black women. White women were still screwed over in that department. |
Amendment XVI:
Income taxes authorized
Ratified 2/3/1913
The Congress shall have power to lay and
collect taxes on incomes, from whatever source derived, without
apportionment among the several States, and without regard to any census or
enumeration.
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And Congress has given the IRS unquestioned
power over us for tax purposes. There is no more powerful body in this
country than the Internal Revenue Service. But we still get RELIGION shoved
up our tailpipes. |
Amendment XVII:
Senators elected by popular vote
Ratified 4/8/1913
The Senate of the United States shall be
composed of two Senators from each State, elected by the people thereof, for
six years; and each Senator shall have one vote. The electors in each State
shall have the qualifications requisite for electors of the most numerous
branch of the State legislatures.
When vacancies happen in the representation
of any State in the Senate, the executive authority of such State shall
issue writs of election to fill such vacancies: Provided, That the
legislature of any State may empower the executive thereof to make temporary
appointments until the people fill the vacancies by election as the
legislature may direct.
This amendment shall not be so construed as
to affect the election or term of any Senator chosen before it becomes valid
as part of the Constitution.
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You mean we get to elect someone based on our
own votes? Wow! It works well here... why not do it with the Presidency? |
Amendment XVIII:
Liquor abolished
Ratified 1/16/1919
1. After one year from the ratification of
this article the manufacture, sale, or transportation of intoxicating
liquors within, the importation thereof into, or the exportation thereof
from the United States and all territory subject to the jurisdiction thereof
for beverage purposes is hereby prohibited.
2. The Congress and the several States
shall have concurrent power to enforce this article by appropriate
legislation.
3. This article shall be inoperative unless
it shall have been ratified as an amendment to the Constitution by the
legislatures of the several States, as provided in the Constitution, within
seven years from the date of the submission hereof to the States by the
Congress.
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Here was religion at work. It was the holy
rollers who decided that the best thing for our nation was to not allow
alcohol anymore. Despite the supposed freedoms we have to decide whether or
not we do certain things (like drink a beer), Congress took that right away
from us in the form of "no import or export of alcohol," but luckily the
States all jumped on that bandwagon and alcohol was forbidden everywhere. A
fine example of how Big Brother takes charge of our lives... decides what it
best for us... and stuffs what the religious majority wants so far down our
throats we're years away from puking it back up. (In this case, it took 14
years and then the solution was half-assed.) |
Amendment XIX:
Women's suffrage
Ratified 8/18/1920
The right of citizens of the United States to
vote shall not be denied or abridged by the United States or by any State on
account of sex.
Congress shall have power to enforce this
article by appropriate legislation.
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Wow... only 129 years later, women are assured
the right to vote. |
Amendment XX:
Presidential, Congressional terms
Ratified 1/23/1933
1. The terms of the President and Vice
President shall end at noon on the 20th day of January, and the terms of
Senators and Representatives at noon on the 3d day of January, of the years
in which such terms would have ended if this article had not been ratified;
and the terms of their successors shall then begin.
2. The Congress shall assemble at least
once in every year, and such meeting shall begin at noon on the 3d day of
January, unless they shall by law appoint a different day.
3. If, at the time fixed for the beginning
of the term of the President, the President elect shall have died, the Vice
President elect shall become President. If a President shall not have been
chosen before the time fixed for the beginning of his term, or if the
President elect shall have failed to qualify, then the Vice President elect
shall act as President until a President shall have qualified; and the
Congress may by law provide for the case wherein neither a President elect
nor a Vice President elect shall have qualified, declaring who shall then
act as President, or the manner in which one who is to act shall be
selected, and such person shall act accordingly until a President or Vice
President shall have qualified.
4. The Congress may by law provide for the
case of the death of any of the persons from whom the House of
Representatives may choose a President whenever the right of choice shall
have devolved upon them, and for the case of the death of any of the persons
from whom the Senate may choose a Vice President whenever the right of
choice shall have devolved upon them.
5. Sections 1 and 2 shall take effect on
the 15th day of October following the ratification of this article.
6. This article shall be inoperative unless
it shall have been ratified as an amendment to the Constitution by the
legislatures of three-fourths of the several States within seven years from
the date of its submission.
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Amendment XXI:
Amendment XVIII repealed
Ratified 12/5/1933
1. The eighteenth article of amendment to the
Constitution of the United States is hereby repealed.
2. The transportation or importation into
any State, Territory, or possession of the United States for delivery or use
therein of intoxicating liquors, in violation of the laws thereof, is hereby
prohibited.
3. The article shall be inoperative unless
it shall have been ratified as an amendment to the Constitution by
conventions in the several States, as provided in the Constitution, within
seven years from the date of the submission hereof to the States by the
Congress.
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But alcohol still can't be transported across
State lines. |
Amendment XXII:
Presidential term limits
Ratified 2/27/1951
1. No person shall be elected to the office of
the President more than twice, and no person who has held the office of
President, or acted as President, for more than two years of a term to which
some other person was elected President shall be elected to the office of
the President more than once. But this Article shall not apply to any person
holding the office of President, when this Article was proposed by the
Congress, and shall not prevent any person who may be holding the office of
President, or acting as President, during the term within which this Article
becomes operative from holding the office of President or acting as
President during the remainder of such term.
2. This article shall be inoperative unless
it shall have been ratified as an amendment to the Constitution by the
legislatures of three-fourths of the several States within seven years from
the date of its submission to the States by the Congress.
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Term limits have always annoyed me. If the
people keep electing someone, the majority vote should be recognized. Of
course, the people don't actually elect a President, so I suppose that
doesn't apply. |
Amendment XXIII:
Presidential vote for District of Columbia
Ratified 3/29/1961
1. The District constituting the seat of
Government of the United States shall appoint in such manner as the Congress
may direct: A number of electors of President and Vice President equal to
the whole number of Senators and Representatives in Congress to which the
District would be entitled if it were a State, but in no event more than the
least populous State; they shall be in addition to those appointed by the
States, but they shall be considered, for the purposes of the election of
President and Vice President, to be electors appointed by a State; and they
shall meet in the District and perform such duties as provided by the
twelfth article of amendment.
2. The Congress shall have power to enforce
this article by appropriate legislation.
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Amendment XXIV:
Poll tax barred
Ratified 1/23/1964
1. The right of citizens of the United States
to vote in any primary or other election for President or Vice President,
for electors for President or Vice President, or for Senator or
Representative in Congress, shall not be denied or abridged by the United
States or any State by reason of failure to pay any poll tax or other tax.
2. The Congress shall have power to enforce
this article by appropriate legislation.
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Amendment XXV:
Presidential disability and succession
Ratified 2/10/1967
1. In case of the removal of the President
from office or of his death or resignation, the Vice President shall become
President.
2. Whenever there is a vacancy in the
office of the Vice President, the President shall nominate a Vice President
who shall take office upon confirmation by a majority vote of both Houses of
Congress.
3. Whenever the President transmits to the
President pro tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be discharged by
the Vice President as Acting President.
4. Whenever the Vice President and a
majority of either the principal officers of the executive departments or of
such other body as Congress may by law provide, transmit to the President
pro tempore of the Senate and the Speaker of the House of Representatives
their written declaration that the President is unable to discharge the
powers and duties of his office, the Vice President shall immediately assume
the powers and duties of the office as Acting President.
Thereafter, when the President transmits to
the President pro tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability exists, he shall
resume the powers and duties of his office unless the Vice President and a
majority of either the principal officers of the executive department or of
such other body as Congress may by law provide, transmit within four days to
the President pro tempore of the Senate and the Speaker of the House of
Representatives their written declaration that the President is unable to
discharge the powers and duties of his office. Thereupon Congress shall
decide the issue, assembling within forty eight hours for that purpose if
not in session. If the Congress, within twenty one days after receipt of the
latter written declaration, or, if Congress is not in session, within twenty
one days after Congress is required to assemble, determines by two thirds
vote of both Houses that the President is unable to discharge the powers and
duties of his office, the Vice President shall continue to discharge the
same as Acting President; otherwise, the President shall resume the powers
and duties of his office.
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Amendment XXVI:
Voting age set to 18 years
Ratified 7/1/1971
1. The right of citizens of the United
States, who are eighteen years of age or older, to vote shall not be denied
or abridged by the United States or by any State on account of age.
2. The Congress shall have power to enforce
this article by appropriate legislation.
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Vietnam era. Young men as young as 18 were
being sent off to war... and off to die. In many cases, the draft was
sending off young men who didn't even want to go. Yet despite being forced
to go, they didn't even have the right to vote unless they were 21. Lowering
the voting age to 18 made the government look a little better; at least the
poor bastards being sent to Vietnam had the right to vote! |
Amendment XXVII:
Congressional pay increases
Ratified 5/7/1992
No law, varying the compensation for the
services of the Senators and Representatives, shall take effect, until an
election of Representatives shall have intervened. |
It's sad that the most recent Amendment had to
do with how much Senators and Reps get paid. |
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