The Bill of Rights and an Overview of the Constitution | Eastern North Carolina Now

    Publisher's Note: This 5th installment in Diane Rufino's series examining Our Founding Principles delves into the intricate development and design of the United States Constitution. This installment considers: the first ten amendments in the Bill of Rights, an overview of the Constitution, and then the remaining seventeen of the Bill of Rights.

    The Constitution: The Constitution is the keystone of our nation. It is the great guarantee of liberty. That original document, with the Bill of Rights, constitutes the charter of our freedom.

    Bill of Rights

    Amendment I: (Rights of Religion, Speech, Press, Assembly, and Petition. Establishment Clause and Free Exercise Clause)
    "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."

    Amendment II: (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."

    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."

    Amendment IV: (Search and Seizure) "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."

    Amendment V: (Rights in Criminal Cases; Rights against double jeopardy, self-incrimination, and taking of private property without just compensation) "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."

    Amendment VI: (Right to a fair trial) "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 favor, and to have the assistance of counsel for his defense."

    Amendment VII: (Rights in civil cases) "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."

    Amendment VIII: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

    Amendment IX: (Rights retained by the people) "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people."

    Amendment X: (States' rights) "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.


    Constitution - an overview

    Preamble - "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

    Article I - The Legislative Branch
(Establishes and defines the powers of Congress, the legislative branch. Congress is divided into two houses:
    ·The House of Representatives, in which each state is represented according to its population; and
    ·The Senate, in which each state has two senators)
    Section 1: Legislative power vested in
    Section 2: House of Representatives
    Section 3: Senate
    Section 7: Passage of Bills
    Section 8: Enumerated Powers of the Legislative Branch
    Section 9: Limits on Legislative Power
    Section 10: Restrictions on State Power

    Article II - The Executive Branch
(Establishes the Presidency)
    Section 1: Presidential procedure (how elected, term of office, replacement of President, oath of office)
    Section 2: Presidential powers

    Article III - The Judiciary
    (Establishes the court system, including one supreme Court, and a system of inferior Courts as the Congress may from time to time ordain, as well as judicial powers and terms of office)

    Article IV
    Section 1: Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.
    Section 2: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

    Article V - (establishes the "amendment" process)

    Article VI -
    Section 2: (Supremacy Clause) The Constitution, the laws of the United States (federal laws), and Treaties are to be considered supreme law of the land.
    Section 3: Senators and Representatives, Members of the several State Legislatures, and all Executive and Judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution (but no religious test shall be administered)

    Article VII - Ratification Bill of Rights
    Additional Amendments

    The 17 Specific (Limited) and Enumerated Powers of Congress:

    Article I, Section. 8.

    1. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and General Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
    2. To borrow Money on the credit of the United States;
    3. (The Commerse Clause) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
    4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
    5. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
    6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
    7. To establish Post Offices and post Roads;
    8. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
    9. To constitute Tribunals inferior to the Supreme Court;
    10. To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
    11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
    12. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
    13. To provide and maintain a Navy;
    14. To make Rules for the Government and Regulation of the land and naval Forces;
    15. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
    16. To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
    17. To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; and,
    18. (The Necessary & Proper Clause) To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


    Later Amendments:

    Amendment 11 - Lawsuits Against States (Feb. 7, 1795)
    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.

    Amendment 12 - Presidential Elections (June 15, 1804, but superseded by Section 3 of the Twentieth Amendment).
    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. The person having the greatest number of votes for President, shall be the President, and the person having the greatest number of votes as Vice-President, shall be the Vice-President.

    Amendment 13 - Abolition of Slavery (December 6, 1865)
    Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

    Amendment 14 - Civil Rights (July 9, 1868)
    Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    Amendment 15 - Black Suffrage (Right to Vote) (February 3, 1870)
    The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

    Amendment 16 - Income Taxes (February 3, 1913)
    The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

    Amendment 17 - Senatorial elections (April 8, 1913)
    The Senate of the United States shall be composed of two senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature. When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

    Amendment 18 - Prohibition of Liquor (January 16, 1919, but repealed by the 21st Amendment, December 5,1933)
    The manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

    Amendment 19 - Women's suffrage (August 18, 1920)
    The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any States on account of sex.

    Amendment 20 - Terms of Office (January 23, 1933)
    Section 1. The terms of the President and Vice President shall end at noon the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
    Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
    Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

    Amendment 21 - Repeal of Prohibition (December 5, 1933)

    Amendment 22 - Term Limits for the Presidency (February 27, 1951)
    No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.

    Amendment 23 - Washington, D.C., Suffrage (March 29, 1961)
    Washington D.C. shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

    Amendment 24 - Abolition of Poll Taxes (January 23, 1964)
    The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

    Amendment 25 - Presidential Succession (February 10, 1967)
    Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
    Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
    Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
    Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
    Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
    Amendment 26 - 18-year-old Suffrage (June 30, 1971)
    The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
    Amendment 27 - Congressional pay raises (May 7, 1992)
    No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
[Note: Congress submitted the text of this amendment as part of the proposed Bill of Rights on September 27, 1789. The Amendment was not ratified together with the first ten Amendments].