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:
And as extending the ground of public confidence in the Government,
will best ensure the beneficent ends of its institution.
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.
ARTICLES in addition to, and Amendment of the Constitution of the
United States of America, proposed by Congress, and ratified by the
Legislatures of the several States, pursuant to the 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.
Article the second... No law, varying the compensation for the
services of the Senators and Representatives, shall take effect,
until an election of Representatives shall have intervened.
Article the third. (first).. 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.
Article the fourth. (second).. 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.
Article the fifth. (third).. 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.
Article the sixth. (fourth).. 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.
Article the seventh. (fifth).. 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.
Article the eighth. (sixth).. 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.
Article the ninth. (seventh).. 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.
Article the tenth. (eighth).. Excessive bail shall
not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Article the eleventh. (ninth).. The enumeration in
the Constitution, of certain rights, shall not be construed to deny
or disparage others retained by the people.
Article the twelfth. (tenth).. 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.
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
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