The Debate Over a Bill of Rights

Redo to include the text of the Bill of Rights and note each decision for each clause as done for the 7th and 8th already

Note: Based upon Table 3-1 in Constitutional Law for a Changing America: Rights, Liberties, and Justice (Ninth Edition) (2016)

The Bill of Rights

Amendment I

• an establishment of religion, or Everson v. Board of Education, (1947) (NJ)
• or prohibiting the free exercise thereof; Cantwell v. Connecticut, (1940) (CT)
• or abridging the freedom of speech, or of the press; Gitlow v. New York, (1925) (NY)
• or the right of the people peaceably to assemble, DeJonge v. Oregon, (1937) (OR)
• and to petition the government for a redress of grievances. Hague v. CIO, (1939) (NJ)

Amendment II

Amendment III

• 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.

Amendment IV

• persons,
• houses,
• papers,
• and effects,

• 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.

Mapp v. Ohio, (1961) (OH) Wolf v. Colorado (1949) (CO)

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, Not incorporated.
  • 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; Benton v. Maryland, (1969) (MD)
• nor shall be compelled in any criminal case to be a witness against himself, Malloy v. Hogan, (1964) (CT)
• 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. Chicago, Burlington and Quincy R. Co. v. City of Chicago, (1897) (IL)

Amendment VI

• to a speedy Klopfer v. North Carolina, (1967) (NC)
• and public trial, In re Oliver, (1948) (MI)
• 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 Duncan v. Louisiana, (1968 vincinage?) (LA)
• to be informed of the nature and cause of the accusation; Cole v Arkansas, (1948) (AR)
• to be confronted with the witnesses against him; Pointer v. Texas, (1965) (TX)
• to have compulsory process for obtaining witnesses in his favor, and Washington v. Texas, (1967) (YX)
• to have the assistance of counsel for his defense. Gideon v. Wainwright, (1963 felonies only), Argersinger v. Hamlin, (1972 misdemeanor when jail is possible) (FL) (FL)
• jury verdicts must be unanimous to convict a defendant of a non-petty offense in both federal and state criminal trials (2020), Ramos v. Louisiana (LA)

Seventh Amendment

Eighth Amendment:

Amendment IX

Amendment X

Incorporation by Decade

• 1890s: 5 (1)
• 1900s:
• 1910s:
• 1920s: 1 (1)
• 1930s: 11 (2)
• 1940s: 118664 (Roosevelt's Court: appointed Black, Reed, Frankfurter, Douglas, Murphy) (6)
• 1950s:
• 1960s: 465966665 (Warren Court) (9)
• 1970s: 65 (2)
• 1990s:
• 1990s:
• 2000s:
• 2010s: 2 (1)
• 2020s: 6 (1)

Second Amendment: 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.

Third Amendment: 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.

Fourth Amendment: 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.

Fifth Amendment: 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.

Sixth Amendment: 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 defence.

Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10th Amendment: 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.