The Bill of Rights is the most quoted part of the Constitution and the most misremembered. These first ten amendments were the price several states demanded before they would ratify. Here is what each one actually protects, in order.
Why it exists
When the Constitution was drafted, many feared a strong national government would trample individual liberty. To win ratification, supporters promised a set of explicit protections. James Madison drafted them, and ten were ratified in 1791 as the Bill of Rights.
The ten amendments, one by one
- FirstFreedom of religion, speech, press, assembly, and petition.
- SecondThe right to keep and bear arms.
- ThirdNo quartering of soldiers in private homes — a direct response to a colonial grievance.
- FourthProtection against unreasonable searches and seizures; warrants need probable cause.
- FifthDue process, protection against self-incrimination and double jeopardy, and just compensation when property is taken.
- SixthThe rights of the accused: a speedy public trial, an impartial jury, and a lawyer.
- SeventhThe right to a jury trial in many civil cases.
- EighthNo excessive bail or fines, and no cruel and unusual punishment.
- NinthRights not listed in the Constitution still exist and are retained by the people.
- TenthPowers not given to the federal government are reserved to the states or the people.
How it came to bind the states
Originally the Bill of Rights limited only the federal government. After the Civil War, the Fourteenth Amendment (1868) guaranteed due process against the states, and over the next century the Supreme Court used it to apply most of the Bill of Rights to state and local governments too — a process called incorporation.
Frequently asked questions
How many amendments are in the Bill of Rights?
Ten. They were ratified together in 1791 as the first ten amendments to the Constitution.
Did the Bill of Rights always apply to state governments?
No. It originally restrained only the federal government. Through the Fourteenth Amendment and a process called incorporation, the Supreme Court gradually applied most of it to the states.
What do the Ninth and Tenth Amendments do?
The Ninth says rights not listed still exist and belong to the people; the Tenth reserves powers not given to the federal government to the states or the people.