William_T._Bianco,_David_T._Canon]_American_Polit

108 Chapter 4Chapter 4 || Civil LibertiesCivil Liberties

Congress to draft specific protections for individuals’ and states’ rights from federal

action (they believed protection of civil liberties from state actions should reside in

state constitutions). In other states, the Antifederalists who lost the ratification battle

continued making their case to the public and Congress. One of the most famous

arguments came from the Antifederalists of Pennsylvania, who claimed that a bill of

rights was needed to “fundamentally establish those unalienable and personal rights

of men, without the full, free, and secure enjoyment of which there can be no liberty,

and over which it is not necessary for a good government to have the control.”^16 Their

statement went on to outline many of those civil liberties that ultimately became the

basis for the Bill of Rights.

Madison and other supporters of the Constitution agreed that the first Congress

would take up the issue, despite their reservations that a Bill of Rights could lead the

people into falsely believing that it was an exhaustive list of all of their rights. State

conventions submitted 124 amendments for consideration. That list was whittled down

to 17 by the House and then to 12 by the Senate. This even dozen was approved by the

House and sent to the states, which in 1791 ratified the 10 amendments that became the

Bill of Rights (see Nuts & Bolts 4.2).^17

Despite the profound significance of the Bill of Rights, one point limited its

reach: it applied only to the laws and actions of the national government and not

to those of the states. For example, the First Amendment says that “Congress shall

make no law” infringing on freedom of religion, speech, and the press, among

others. Madison submitted another amendment, which he characterized as “the

NUTS

& B O LT S

4.2

The Bill of Rights: A Statement of Our Civil Liberties

First Amendment Freedom of religion, speech, press, and assembly; the separation of church and state; and the right to petition the

government.

Second Amendment Right to bear arms.

Third Amendment Protection against the forced quartering of troops in one’s home.

Fourth Amendment Protection from unreasonable searches and seizures; “probable cause” is required for search warrants, which must

specifically describe the “place to be searched, and the persons or things to be seized.”

Fifth Amendment Protection from forced self-incrimination or double jeopardy (being tried twice for the same crime); no person can be

deprived of life, liberty, or property without due process of law; private property cannot be taken for public use without

just compensation; and no person can be tried for a serious crime without the indictment of a grand jury.

Sixth Amendment Right of the accused to a speedy and public trial by an impartial jury, to an attorney, to confront witnesses, to a

compulsory process for obtaining witnesses in his or her favor, and to counsel in all felony cases.

Seventh Amendment Right to a trial by jury in civil cases involving common law.

Eighth Amendment Protection from excessive bail, excessive fines, and cruel and unusual punishment.

Ninth Amendment The enumeration of specific rights in the Constitution shall not be construed to deny other rights retained by the

people. This has been interpreted to include a general right to privacy and other fundamental rights.

Tenth Amendment Powers not delegated by the Constitution to the national government, nor prohibited by it to the states, are reserved to

the states or to the people.

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