Bill of Rights: The First Ten Constitutional Amendments

What do we call the first ten amendments to the Constitution? The answer is the Bill of Rights. These ten amendments, ratified in 1791, protect fundamental freedoms that government cannot violate. They cover freedom of speech and religion, rights of people accused of crimes, and limits on government power.

The Bill of Rights was not part of the original Constitution. It was added within three years of ratification to address widespread concerns that the new federal government might threaten individual liberty. Today, these amendments form the foundation of American civil liberties.

The Essential Facts

For the citizenship test, the answer is the Bill of Rights. This name specifically refers to the first ten amendments, ratified together in 1791.

The Bill of Rights protects many specific freedoms. The First Amendment protects freedom of speech, religion, press, assembly, and petition. The Second Amendment protects the right to bear arms. The Third Amendment prohibits forced quartering of soldiers in homes. The Fourth Amendment requires warrants for searches and seizures. The Fifth through Eighth Amendments protect rights of people accused of crimes, including the right to remain silent, the right to a jury trial, and protection against cruel punishment. The Ninth Amendment states that listing some rights does not mean other rights do not exist. The Tenth Amendment reserves powers not given to the federal government to the states and people.

These amendments apply throughout the United States. Originally they only restricted the federal government, but the Fourteenth Amendment’s ratification in 1868 led courts to apply most Bill of Rights protections against state and local governments as well.

Why We Have the Bill of Rights

During the debate over ratifying the Constitution, many Americans worried that the new federal government would become tyrannical. The Constitution created a much stronger central government than the Articles of Confederation. Without explicit protections for individual rights, critics argued, nothing would stop this powerful government from violating liberty.

Several state ratifying conventions demanded a bill of rights. Massachusetts, Virginia, New York, and others ratified the Constitution only after receiving assurances that rights amendments would be added immediately. Some Antifederalists opposed ratification entirely because the Constitution lacked a bill of rights.

Federalists like Alexander Hamilton initially argued that a bill of rights was unnecessary and potentially dangerous. The Constitution only granted specific, limited powers to the federal government. Why prohibit what was never permitted? Listing rights might also suggest that unlisted rights did not exist. Despite these arguments, political reality required adding a bill of rights to secure the Constitution’s acceptance.

Historical Moment

In June 1789, Representative James Madison stood before the first Congress and proposed amendments to the Constitution. He had gathered proposals from state ratifying conventions and studied state constitutions. From these sources, Madison drafted twelve amendments protecting individual rights and adjusting government structure.

Congress debated Madison’s proposals throughout the summer. Some representatives thought amendments were premature. Others wanted more extensive changes. Madison persisted, arguing that fulfilling promises made during ratification debates would strengthen the new government’s legitimacy.

Madison told Congress that protecting rights in the Constitution would make courts “the guardians of those rights.” Written protections would give judges clear standards to enforce. This proved prophetic. For over two centuries, courts have used the Bill of Rights to protect individual liberty against government power.

By September 1789, Congress approved twelve amendments and sent them to the states. The ratification process took two years. On December 15, 1791, Virginia became the eleventh state to ratify, providing the three-fourths majority needed. Ten of the twelve proposed amendments became the Bill of Rights. One rejected amendment concerned congressional representation. Another, preventing congressional pay raises from taking effect immediately, was finally ratified in 1992 as the Twenty-seventh Amendment.

How You See It Today

The Bill of Rights protects your freedom every day. When you express opinions government dislikes, the First Amendment shields you from punishment. When police want to search your home, the Fourth Amendment requires them to get a warrant. When you are accused of a crime, the Fifth, Sixth, Seventh, and Eighth Amendments protect your rights to remain silent, have a lawyer, get a jury trial, and avoid excessive punishment.

Courts interpret and apply Bill of Rights provisions constantly. The Supreme Court hears cases about free speech on social media, religious freedom in schools, gun rights, police searches of cell phones, and countless other issues. These cases show how eighteenth-century amendments adapt to twenty-first-century problems.

Some Bill of Rights protections have expanded dramatically through interpretation. The First Amendment now protects commercial speech, anonymous speech, and symbolic speech in ways the founders might not have imagined. The Fourth Amendment now limits digital surveillance technologies that did not exist in 1791. Courts have read the amendments broadly to protect liberty in changing circumstances.

The Deeper Story

The idea of a bill of rights has deep roots. The Magna Carta of 1215 limited the English king’s power and recognized certain rights. The English Bill of Rights of 1689 expanded these protections. State constitutions written during the Revolutionary period included declarations of rights. Virginia’s Declaration of Rights, drafted by George Mason in 1776, influenced Madison’s proposals.

Madison drew specific language from these precedents. The protection against self-incrimination came from English common law. Jury trial rights reflected colonial practice. Freedom of religion responded to European religious persecution. Madison combined existing ideas into a coherent set of amendments protecting liberty comprehensively.

The Ninth and Tenth Amendments addressed concerns about listing rights. If the Constitution listed specific rights, did that mean other rights did not exist? The Ninth Amendment answered no. It states that enumerating certain rights does not deny or disparage others retained by the people. The Tenth Amendment reinforced that the federal government had only the powers the Constitution granted, with all other powers reserved to states or people.

Initially, the Bill of Rights only restricted the federal government. States could violate these rights without federal constitutional consequences. After the Civil War, the Fourteenth Amendment prohibited states from denying due process or equal protection. Through a process called incorporation, the Supreme Court gradually applied most Bill of Rights protections against state and local governments. This transformation made the Bill of Rights a nationwide shield for liberty.

Connections That Matter

Understanding the Bill of Rights connects to many aspects of American government and law. These amendments limit what government can do, showing the founders’ fear of concentrated power. They protect minority rights against majority rule, preventing democratic government from becoming tyrannical.

The Bill of Rights relates to the amendment process generally. These first ten amendments came quickly, within three years of the Constitution’s ratification, because political necessity demanded them. Later amendments took much longer because no comparable urgency existed.

Individual amendments in the Bill of Rights each deserve detailed study. The First Amendment’s protection of speech, press, and religion shapes much of American public life. Fourth Amendment limits on searches affect policing. Fifth and Sixth Amendment criminal procedure rights determine how justice works. Understanding the Bill of Rights as a whole helps, but each amendment has its own important history and application.

For more on specific Bill of Rights protections, see our articles on the First Amendment and criminal procedure rights in the uscis-questions category. To understand how these rights apply to states, explore our explanation of the Fourteenth Amendment. To learn about rights beyond the Bill of Rights, read about later amendments protecting voting rights and equality.

Top 10 Frequently Asked Questions

Why are they called the Bill of Rights? The term “bill of rights” comes from the English Bill of Rights of 1689. A bill of rights is a formal listing of fundamental rights that government must respect. The name emphasizes that these amendments protect liberty.

Do the rights in the Bill of Rights have limits? Yes. No right is absolute. Free speech does not protect true threats or incitement to immediate violence. The right to bear arms does not prevent all gun regulations. Rights must be balanced against other important interests, though government needs strong justification to limit constitutional rights.

Can the Bill of Rights be changed? Theoretically, yes. Amendments can be amended or repealed through the Article V process. As a practical matter, the Bill of Rights is so foundational that changing it would be extremely difficult and politically unlikely.

Do states have their own bills of rights? Yes. Every state constitution includes protections for individual rights. State bills of rights sometimes provide greater protection than the federal Bill of Rights, though they cannot provide less.

Why was the Bill of Rights not in the original Constitution? The drafters thought it was unnecessary because the Constitution only granted limited powers to the federal government. They also worried that listing some rights might imply that unlisted rights did not exist. Political pressure during ratification forced them to add rights protections.

How many rights are in the Bill of Rights? The ten amendments protect many rights. Counting exactly is difficult because some amendments protect multiple related rights. The First Amendment alone protects speech, religion, press, assembly, and petition. Overall, dozens of specific rights receive protection.

Can government ever violate Bill of Rights protections? Courts recognize very narrow exceptions where rights can be limited to serve compelling government interests. For example, free speech does not protect defamation or true threats. But government must show strong justification for any limit on constitutional rights.

Do the Bill of Rights protections apply to everyone? Most Bill of Rights protections apply to all people in the United States, not just citizens. Some rights like voting are citizenship-specific, but most protections extend to everyone within U.S. jurisdiction.

Which amendment in the Bill of Rights is most important? All are important, but the First Amendment is often considered foundational because it protects freedoms essential to democracy itself. Without freedom of speech and press, people cannot hold government accountable or make informed decisions.

What should I memorize for the citizenship test? Memorize that the first ten amendments are called the Bill of Rights. You should also be able to name at least one right from the First Amendment, as that is a separate test question.