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Bill of Rights definition
the first ten amendments to the federal Constitution demanded by several states
in return for ratifying the Constitution, since the failure to protect these rights
was a glaring omission in the Constitution as adopted in convention in 1787. Adopted
and ratified in 1791, the Bill of Rights are First Prohibits laws establishing a
religion (separation of church and state), and bans laws which would restrict freedom
of religion, speech, press (now interpreted as covering all media), right to peaceably
assemble and petition the government. Second 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. " This is often claimed as giving the unfettered right of
individuals to own guns, but is actually limited to the right of "the" people, meaning
the body politic or the public as a group, to bear arms as militiamen Third No quartering
of soldiers in private homes without the owner's consent. Fourth No unreasonable
search and seizures, no warrants without probable cause, and such warrants must
be upon "oath or affirmation" and describe the place to be searched or the person
or things to be taken. Fifth Prohibits criminal charges for death penalty ("capital
punishment") or any other "infamous" crime (felony) without indictment by a Grand
Jury except under martial law in the time of war or "public danger"; no person may
be tried twice for the same offense; no one may be compelled to be a witness against
himself ("taking the Fifth"), no one can be deprived of life, liberty or property
without "due process of law"; no taking of property for public use (eminent domain)
without just compensation. These rights have become applicable to states through
the 14th Amendment as well as state constitutions. Sixth Rights of criminal defendants
to a speedy and public trial, impartial local jury, information on the nature and
cause of accusation, confront witnesses against him, right to subpena witnesses,
and have counsel. Seventh Juries may be demanded in civil cases (over $20) and the
jury shall be trier of the fact in such cases as required by Common Law. Eighth
No excessive bail, excessive fines or "cruel and unusual punishment. " Note that
denial of bail in murder cases or when the accused may flee is not "excessive,"
and capital punishment (like the gas chamber) may be cruel but not necessarily unusual.
inth Stating these rights shall not be construed to deny that other rights are retained
by the people. Tenth Powers given to the United States (central government) and
not prohibited to the states, are reserved to the states or to the people.
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