Anti-Federalists objected that the original Constitution did not explicitly protect individual liberties. Federalists promised amendments as a condition of ratification, and James Madison guided them through the First Congress. Originally these limits applied only to the federal government; after the Fourteenth Amendment, the Supreme Court gradually applied most of them to the states through selective incorporation.
The Ten Amendments
Religion, speech, press, assembly, and petition
Protects five core freedoms. The Establishment Clause bars government sponsorship of religion; the Free Exercise Clause protects religious practice. Speech and press protections are broad but not absolute.
Right to keep and bear arms
Protects an individual right to possess firearms. The Supreme Court incorporated this protection against state and local governments in McDonald v. Chicago.
No forced quartering of soldiers
Government generally may not require people to house soldiers in their homes, reflecting the founders' concern about military intrusion into private life.
Protection from unreasonable searches and seizures
Usually requires government searches to be supported by probable cause and a particularized warrant. Evidence gathered unlawfully may be excluded from trial.
Rights of the accused and due process
Protects against self-incrimination and double jeopardy, requires due process, provides grand-jury protection in federal cases, and requires just compensation when government takes private property.
Fair and speedy criminal trial
Guarantees a speedy and public trial, an impartial jury, notice of charges, confrontation of witnesses, compulsory process, and assistance of counsel.
Jury trial in federal civil cases
Preserves the right to a jury in many federal civil lawsuits and limits courts from reexamining a jury's factual findings.
Limits on punishment
Prohibits excessive bail, excessive fines, and cruel and unusual punishment.
People retain unlisted rights
Makes clear that listing certain rights in the Constitution does not mean the people possess only those enumerated rights.
Reserved powers
Powers not delegated to the United States and not prohibited to the states are reserved to the states or the people, reinforcing federalism.