« ZurückWeiter »
Daniel of St. Tho. Jenifer,
James Madison, Jun.
The following articles proposed by Congress, in addition to, and amendment of the Constitution of the United States, having been ratified by the legislatures of two thirds of the states, are become a part of the Constitution. First Congress, First Session, March 5, 1789.
ART. 1. 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. (See 3 Yeates, 520.)
ART. 2. 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.
ART. S. 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.
ART. 4. 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. [3 Cranch, 448, 453. 6 Binn. 316.]
ART. 5. 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. [18 Johns. 187. 3 Yeates, 362. 6 Binn. 509. 2 Dall. 312. 2 Johns. Ch. R. 164. 1 S. and R. 382.]
ART. 6. 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 favour; and to have the assistance of counsel for his defence.
ART. 7. 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. [See 8 Wheat. 674.]
ART. 8. Excessive bail shall not be required, nor excessive fine imposed, nor cruel and unusual punishments inflicted.
ART. 9. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
ART. 10. 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.
Third Congress, second Session, Dec. 2, 1793.
ART. 11. 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. (See 6 Wheat. 405.) Eighth Congress, first Session, Oct. 17, 1803.
ART. 12. 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
* On the first Wednesday in December, by Act of Congress, 1st March, 1792.