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.
Article the first [Not Ratified]
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 [Amendment XXVII -
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 [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.
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 [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.
Article the sixth [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.
Article the seventh [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 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 [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
Article the ninth [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 re-examined in any
Court of the United States, than according to the rules of the common
Article the tenth [Amendment VIII]
Excessive bail shall not be required,
nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
Article the eleventh [Amendment IX]
The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others retained by
Article the twelfth [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.
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
The question remains open of where those additional, and grammatically
spurious, commas came from, but they do not change the legal meaning of the
provision, and it would not be erroneous to omit them.