The Bill of Rights

Several states ratified the Constitution only with the promise of a bill of rights. James Madison shepherded twelve amendments through the First Congress; ten were ratified in 1791 and became the Bill of Rights.

The First Amendment is a cluster: no establishment of religion, free exercise, speech, press, assembly, and petition. The Second addresses arms. The Fourth requires warrants based on probable cause. The Fifth through Eighth protect people in the criminal process — grand juries, no double jeopardy, due process, a speedy public jury trial, counsel, and no cruel and unusual punishment.

The Ninth and Tenth are load-bearing even when they are quiet. The Ninth says the listing of rights is not exhaustive. The Tenth reserves to the states, or the people, powers not delegated to the United States. Together they are a reminder: the federal government is limited; rights are not a complete inventory.