Bill of Rights

C

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.

Comment: The Third Amendment forbids the government from quartering soldiers in private residences during peacetime without the resident’s permission, and during wartime only according to law. Under British rule, American colonists were forced to feed and house British soldiers deployed to help enforce colonial tax laws. The colonists resented this practice, and so banned it with this amendment. This amendment has been basically irrelevant since the end of the American Revolution (1775-1783).

D

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.

Comment: The Fourth Amendment prohibits the police and other government officials from searching people’s homes or offices or seizing their property without reasonable grounds to believe that a crime has been committed. In most cases, police can conduct a search of a person’s home or office only after they get a written search warrant from a judge, detailing where they will search and what they expect to find.

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E

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.

Comment: The Fifth Amendment provides five important protections against arbitrary government actions. First, no one may be prosecuted for a federal crime without first being indicted (formally accused) by a grand jury. Second, a criminal suspect may be prosecuted only once for each crime. If a jury acquits the accused person, there can be no retrial. Third, a person cannot be forced to testify against himself or herself in any criminal case. This is the right against self-incrimination. Fourth, the due process clause bars the government from arbitrarily depriving anyone of life, liberty, or property. Fifth, the government may not take anyone’s private property unless it is necessary for a public purpose and unless the government pays a fair price for it.

F

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.

Comment: The Sixth Amendment guarantees people accused of crimes the right to a speedy and public trial. Defendants in federal cases are entitled to be tried in the area in which the crime was committed, and both state and federal defendants have the right to have an impartial jury decide their guilt or innocence. The Sixth Amendment prohibits the government from prosecuting an accused person without first informing him or her of the nature of the charges against him or her. The accused has the right to “confront”—that is, to cross-examine witnesses who testify against him or her at trial. Those accused also have a right to subpoena (compel) supporting witnesses to testify in court and to have a lawyer assist in their legal defense.

G

Seventh Amendment

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 a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Comment: The Seventh Amendment, which does not apply to the states, guarantees the right to a jury in some types of federal civil (noncriminal) trials.

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