ARTICLE VII. TRIAL BY JURY. VIII. BAILS-FINES-PUNISHMENTS. IX. CERTAIN RIGHTS NOT DENIED THE PEOPLE. X. STATES RIGHTS. XI. JUDICIAL POWERS. XII. ELECTION OF PRESIDENT AND VICE PRESIDENT. XIII. SLAVERY. XIV. CITIZENSHIP, REPRESENTATION, AND PAYMENT OF XV. ELECTIVE FRANCHISE. ARTICLE I. RESTRICTIONS ON POWER OF CONGRESS. SECTION 1. Free exercise of religion, speech, etc., and right of people to assemble. tions on power of Congress. SECTION 1. Congress shall make no law respecting Restrican 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.-[Proposed Sept. 25th, 1789; ratified Dec. 15th, 1791. ARTICLE II. RIGHT TO BEAR ARMS. SECTION 1. Right not to be denied to people. bear arms. SECTION 1. A well regulated militia being necessary Right to to the security of a free State, the right of the people to keep and bear arms shall not be infringed.--[Id. ARTICLE III. BILLETING OF SOLDIERS. SECTION 1. No soldier to be billeted, etc. SECTION 1. No soldier shall, in time of peace, be quar- Billeting tered in any house, without the consent of the owner; 45-VOL. II.-POL. of soldiers. nor in time of war, but in a manner to be prescribed by law. [Id. Seizures, searches, and warrants. ARTICLE IV. SEIZURES, SEARCHES, AND WARRANTS. SECTION 1. Unreasonable searches, seizures, and warrants prohibited. SECTION 1. 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 reasonable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.--[Id. Criminal proceedings and condemnation of property. ARTICLE V. CRIMINAL PROCEEDING AND CONDEMNATION OF PROPERTY. SECTION 1. No person to be held to answer for certain crimes except on indictment. Exception-not to be twice tried for same offense; not to be a witness against himself; right to compensation for property condemned. SECTION 1. 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.-[Id. NOTE.-Private property shall not be taken for public use, etc.-The provisions in the fifth amendment to the Constitution, declaring that private property should not be taken for public use without just compensation, is intended solely as a limitation on the exercise of power by the government of the United States, and is not applicable to the Legislatures of the States.-Bar- ARTICLE VI. MODE OF TRIAL IN CRIMINAL PROCEEDING. SECTION 1. Accused entitled to speedy trial; to confront witnesses; to have counsel; place of trial, etc. SECTION 1. 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.-[Id. NOTE.-The Federal Courts are held to have no common law jurisdiction in criminal cases in the following decisions: U. S. vs. Worrall, 2 D., p. 393; s. c., Whart. St. Tr., p. 189, Peters, J., dissenting; U. S. vs. Hare, 2 Wh. Cr. Cas., p. 300; U. S. vs. Hudson, 7 Cr., p. 32; U. S. vs. Coolidge, 1 Wh., p. 415; s. c., 1 Gall, p. 488; Penn. vs. Wheeling and Belmont Br. Co., 13 H., p. 519; U. S. vs. Clark, 1 Gall, p. 497; U. S. vs. McKenzie, 1 N. Y. Leg. Obs., p. 374; U. S. vs. Wilson, 3 Bl. C. C., p. 435; U. S. vs. Ramsey, Hemp., p. 481; U. S. vs. Barney, 3 Int. R. Rec., p. 46. Contra-U. S. vs. McGill, 4 D., p. 429; U. S. vs. Henfield, Whart. St. Tr., p. 85; U. S. vs. Williams, id., p. 652; Serg. Const. L., p. 272; U. S. vs. Smith, 6 Dane Abr., p. 718; U. S. vs. Meyer, Whart. Prec., Sec. 955, n. The jurisdiction is in the State Courts alone, of common law offenses, though the General Government be the party thereby aggrieved.-U. S. vs. Hutchinson, 7 Penn., L. J., p. 365. Nothing which is not criminal by statute can be punished under the laws of the United States.-U. S. vs. Libby, 1 W. & M., p. 222; U. S. vs. New Bed. Bri. Co., id., p. 401; U.S. vs. Lancaster, 2 McL., p. 431. According to forms of the common law, Federal Courts may proceed against an offender against the law of nations.-U. S. vs. Henfield, Whart. St. Tr., p. 85. So a violation by a citizen of Mode of criminal ing. trial in proceed a treaty with a foreign State may be tried in a Federal ARTICLE VII. Trial by jury. TRIAL BY JURY. SECTION 1. Right of trial by jury in civil actions. SECTION 1. 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 jury, shall be otherwise reëxamined in any Court of the United States than according to the rules of common law. [Id. ARTICLE VIII. BAIL-FINES-PUNISHMENTS. Bails, finos, punishments. SECTION 1. Not to be excessive. SECTION 1. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.—[Id. Certain rights not denied to the people. ARTICLE IX. CERTAIN RIGHTS NOT DENIED TO THE PEOPLE. SECTION 1. Rights of people not disparaged by Constitution. SECTION 1. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.—[Id. ARTICLE X. STATES RIGHTS. SECTION 1. Certain powers reserved to the States or to the people. rights. SECTION 1. The powers not delegated to the United States States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.-[Id. ARTICLE XI. JUDICIAL POWERS. SECTION 1. Limitation on. powers. SECTION 1. The judicial power of the United States Judicial shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by the citizens of another State, or by citizens or subjects of any foreign State.-[Proposed March 5th, 1794; ratified January 8th, 1798. NOTE. This amendment does not, it seems, extend to suits of admiralty or maritime jurisdiction.-See United States vs. Bright, Bright's Trial, p. 190; same case, Bright, p. 9. ARTICLE XII. ELECTION OF PRESIDENT AND VICE PRESIDENT. SECTION 1. Manner of election, etc. SECTION 1. The Electors shall meet in their respective States, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for cach, which lists they shall sign and certify, and transmit, sealed, to the seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of Election of President and Vice President. |