Trying to keep the first 10 amendments straight? This bill of rights summary walks you through each one in plain English. In short, they limit what government can do to you, and they were ratified December 15, 1791.
This guide sits within our wider coverage of us history.
| Item | Value |
|---|---|
| Amendments proposed by the First Congress (September 25, 1789) | 12 amendments |
| Amendments that became the Bill of Rights | 10 amendments |
| Date the Bill of Rights was ratified | December 15, 1791 |
| Ratification threshold | Three-fourths of the state legislatures |
| Proposed Article 2, ratified as the 27th Amendment | May 7, 1992 |
| Proposed Article 1 (number of constituents per Representative) | Never ratified |
These figures come from the National Archives Bill of Rights page, last reviewed September 20, 2022. Source pages can be revised, so check the source before you rely on the figures.
Why Congress proposed a bill of rights
During the debates on adopting the Constitution, its opponents repeatedly charged that the document as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a “bill of rights” that would spell out the immunities of individual citizens.
Several state conventions asked for such amendments when they ratified the Constitution, and others ratified with the understanding that amendments would be offered. On September 25, 1789, the First Congress proposed 12 amendments to the state legislatures, with two thirds of both Houses concurring. Ten of them were ratified by three-fourths of the state legislatures on December 15, 1791, as the National Archives explains on its Bill of Rights milestone page.
Our us constitution explained guide covers the original document these amendments were added to.
The Bill of Rights, amendment by amendment
The summaries below stay close to the wording in the National Archives transcription. In the 1789 proposal, these ten amendments appeared as Articles 3 to 12, which is why the numbering looks different in the original.
First Amendment: religion, speech, press, assembly and petition
The text begins “Congress shall make no law,” and it then names five protected areas. Together they form the best-known freedoms of expression and belief in American law:
- No law respecting an establishment of religion.
- No law prohibiting the free exercise of religion.
- No law abridging the freedom of speech.
- No law abridging the freedom of the press.
- No law abridging the right of the people peaceably to assemble and to petition the Government for a redress of grievances.
Second Amendment: the right to keep and bear arms
The amendment states that “the right of the people to keep and bear Arms, shall not be infringed.” Its opening clause refers to a well regulated Militia, described as necessary to the security of a free State.
Third Amendment: quartering soldiers
In peacetime, no soldier may be quartered in any house without the owner’s consent. In wartime, quartering is allowed only in a manner prescribed by law.
Fourth Amendment: searches and seizures
People have the right to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. A warrant has three requirements:
- It must rest on probable cause.
- It must be supported by oath or affirmation.
- It must particularly describe the place to be searched and the persons or things to be seized.
Fifth Amendment: criminal process and property
This amendment packs several protections into one long sentence, centered on due process of law. The text covers these points:
- A grand jury presentment or indictment is required before a person answers for a capital or otherwise infamous crime. Cases in the land or naval forces, or in the Militia in actual service in time of war or public danger, are excepted.
- No one may be put twice in jeopardy of life or limb for the same offence.
- No one may be compelled in a criminal case to be a witness against himself.
- No one may be deprived of life, liberty or property without due process of law.
- Private property may not be taken for public use without just compensation.
Sixth Amendment: rights of the accused
In all criminal prosecutions, the accused enjoys a set of trial rights, and the best known is the speedy and public trial by an impartial jury. The full list is:
- A speedy and public trial by an impartial jury of the State and district where the crime was committed.
- To be informed of the nature and cause of the accusation.
- To be confronted with the witnesses against him.
- Compulsory process for obtaining witnesses in his favor.
- The assistance of counsel for his defence.
Seventh Amendment: jury trials in civil suits
In suits at common law where the value in controversy exceeds twenty dollars, the right of trial by jury is preserved. A fact tried by a jury cannot be re-examined in any federal court except according to the rules of the common law.
Eighth Amendment: bail, fines and punishments
The text is a single sentence with three limits: excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted.
Ninth Amendment: other rights stay with the people
Listing certain rights in the Constitution “shall not be construed to deny or disparage others retained by the people.” In plain terms, the list is not exhaustive.
Tenth Amendment: reserved powers
Powers that the Constitution does not delegate to the United States, and does not prohibit to the States, are reserved to the States respectively, or to the people.
What happened to the other two proposed amendments?
Although 12 amendments were originally proposed, the 10 that were ratified became the Bill of Rights in 1791. The two that were left out had very different fates, according to the National Archives:
- Article 1, a proposal about constituents for each Representative, was never ratified.
- Article 2, about varying the compensation of Senators and Representatives, was finally ratified on May 7, 1992, as the 27th Amendment.
- Articles 3 to 12 were ratified on December 15, 1791, and became the first 10 amendments.
The archived National Archives transcription page notes that Article 2 was ratified in 1992, 203 years after it was proposed.
Reading the original text
The 1789 Joint Resolution of Congress proposing the amendments is on permanent display in the Rotunda at the National Archives Museum, according to the Archives page last reviewed September 20, 2022. The same milestone page carries a full transcription, with the original spelling and punctuation.
The amendments were written as limits on a new government, so reading them next to the original Constitution helps. When you are ready for a later chapter of American history, continue with the causes of the civil war.
Frequently asked questions
How many amendments are in the Bill of Rights?
Show answer
There are 10. Congress proposed 12 amendments in 1789, and the 10 that were ratified became the Bill of Rights in 1791.
When was the Bill of Rights ratified?
Show answer
Articles 3 to 12 were ratified on December 15, 1791, by three-fourths of the state legislatures. They make up the first 10 amendments to the Constitution.
Why was the Bill of Rights added?
Show answer
Opponents of the Constitution charged that it would open the way to tyranny by the central government. Several state conventions asked for amendments, and Congress proposed them in response.
Does the Bill of Rights list every right people have?
Show answer
No. The Ninth Amendment says that listing certain rights in the Constitution shall not be construed to deny or disparage others retained by the people.
Are the two proposed amendments that were not ratified in 1791 lost?
Show answer
One of them was ratified later. Article 2 became the 27th Amendment on May 7, 1992, while Article 1 was never ratified.
