On September 25, 1789, the First Congress of the United States proposed
12 amendments to the Constitution. The 1789 Joint Resolution of Congress
proposing the amendments is on display in the Rotunda in the National
Archives Museum. Ten of the proposed 12 amendments were ratified by
three-fourths of the state legislatures on December 15, 1791. The
ratified Articles (Articles 3–12) constitute the first 10 amendments of
the Constitution, or the U.S. Bill of Rights. In 1992, 203 years after
it was proposed, Article 2 was ratified as the 27th Amendment to the
Constitution. Article 1 was never ratified.
Congress of the United States begun and held at the City of
New-York, on Wednesday the fourth of March, one thousand seven
hundred and eighty nine.
THE Conventions of a number of the States, having
at the time of their adopting the Constitution, expressed a desire,
in order to prevent misconstruction or abuse of its powers, that
further declaratory and restrictive clauses should be added: And as
extending the ground of public confidence in the Government, will
best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of
Representatives of the United States of America, in Congress
assembled, two thirds of both Houses concurring, that the following
Articles be proposed to the Legislatures of the several States, as
amendments to the Constitution of the United States, all, or any of
which Articles, when ratified by three fourths of the said
Legislatures, to be valid to all intents and purposes, as part of the
said Constitution; viz.
ARTICLES in addition to, and Amendment of the
Constitution of the United States of America, proposed by Congress,
and ratified by the Legislatures of the several States, pursuant to
the fifth Article of the original Constitution.
Article the first... After the first enumeration
required by the first article of the Constitution, there shall be one
Representative for every thirty thousand, until the number shall
amount to one hundred, after which the proportion shall be so
regulated by Congress, that there shall be not less than one hundred
Representatives, nor less than one Representative for every forty
thousand persons, until the number of Representatives shall amount to
two hundred; after which the proportion shall be so regulated by
Congress, that there shall not be less than two hundred
Representatives, nor more than one Representative for every fifty
thousand persons.
Article the second... No law, varying the
compensation for the services of the Senators and Representatives,
shall take effect, until an election of Representatives shall have
intervened.
Article the third... 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.
Article the fourth... 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.
Article the fifth... 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.
Article the sixth... 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.
Article the seventh... 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.
Article the eighth... 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 defence.
Article the ninth... 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.
Article the tenth... Excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Article the eleventh... The enumeration in the
Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.
Article the twelfth... 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.
ATTEST,
Frederick Augustus Muhlenberg, Speaker of the House of
Representatives
John Adams, Vice-President of the United States,
and President of the Senate
John Beckley, Clerk of the House of
Representatives.
Sam. A Otis Secretary of the Senate
