December 15th is Bill of Rights Day

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December 15 is Bill of Rights Day, which commemorates the ratification of the first
10 amendments to the U.S. Constitution, which spell out our rights as Americans. It guarantees civil rights and liberties such as freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers not delegated to the Federal Government to the people or the states. The original joint resolution proposing the Bill of Rights is on permanent display at the National Archives in Washington, DC. The process had begun when the First Federal Congress sent the states 12 proposed amendments, via a joint resolution passed on September 25, 1789, for their consideration. When Virginia became the 11th state to ratify the amendments on December 15, 1791, amendments 3 through 12 became part of the Constitution, and these first 10 amendments were thereafter known as our Bill of Rights.

One might think that 1791 was the end of the story of the ratification of the Bill of Rights, but there is a footnote: three states ratified the 10 first amendments a century and a half later, in 1939. Once the Bill of Rights was ratified by three-fourths of the states in 1791, it became part of the law of the land, and there was no legal need for any further ratifications. At the time Virginia ratified, Massachusetts, Connecticut, and Georgia had not sent their approvals to Congress. In 1939, the 150th anniversary of Congressional approval of the amendments, all three states symbolically ratified the Bill of Rights.

The Bill of Rights

Amendment I

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

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

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

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

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 offense 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

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

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 reexamined 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

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

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.

 

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