APPendIx B • The ConSTITUTIon of The UnITed STATeS 357
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.
Here the word warrant means “justification” and refers
to a document issued by a magistrate or judge indicating
the name, address, and possible offense committed. Anyone
asking for the warrant, such as a police officer, must be able
to convince the magistrate or judge that an offense probably
has been committed.Amendment V.
(Grand Juries,
Self-Incrimination, double Jeopardy,
due Process, and eminent domain)
No person shall be held to answer for a capital, or other
wise infamous crime, unless on a presentment or indict
ment 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.There are two types of juries. A grand jury considers physi-
cal evidence and the testimony of witnesses and decides
whether there is sufficient reason to bring a case to trial. A
petit jury hears the case at trial and decides it. “For the same
offence to be twice put in jeopardy of life or limb” means to
be tried twice for the same crime. A person may not be tried
for the same crime twice or forced to give evidence against
herself or himself. No person’s right to life, liberty, or prop-
erty may be taken away except by lawful means, called the
due process of law. Private property taken for use in public
purposes must be paid for by the government.Amendment VI.
(Criminal Court Procedures)
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 pre
viously 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.Any person accused of a crime has the right to a fair and
public trial by a jury in the state in which the crime took
place. The charges against that person must be indicated.
Any accused person has the right to a lawyer to defend him
or her and to question those who testify against him or her,
as well as the right to call people to speak in his or her favor
at trial.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 sev
eral states, pursuant to the Fifth Article of the original
Constitution.Amendments to the
Constitution of the United States(The Bill of Rights)^12
Amendment I.
(Religion, Speech, Assembly, and Petition)
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.
Congress may not create an official church or enact laws
limiting the freedom of religion, speech, the press, assembly,
and petition. These guarantees, like the others in the Bill of
Rights (the first ten amendments), are not absolute—each
may be exercised only with regard to the rights of other
persons.
Amendment II.
(Militia and the Right to Bear Arms)
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.
To protect itself, each state has the right to maintain a
volunteer armed force. States and the federal government
regulate the possession and use of firearms by individuals.
Amendment III.
(The Quartering of Soldiers)
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.
Before the Revolutionary War, it had been common British
practice to quarter soldiers in colonists’ homes. Military
troops do not have the power to take over private houses
during peacetime.
Amendment IV.
(Searches and Seizures)
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- On September 25, 1789, Congress transmitted to
the state legislatures twelve proposed amendments,
two of which, having to do with congressional repre
sentation and congressional pay, were not adopted.
The remaining ten amendments became the Bill
of Rights. In 1992, the amendment concerning con
gressional pay was adopted as the Twentyseventh
Amendment.
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