You saw how the Bill of Rights came out of the ratification fight and how amendments are made. Madison proposed the amendments in 1789, and ten were ratified in 1791. Civil liberties are the freedoms these amendments protect from government interference. Here they are one by one.
| Amendment | What it protects |
|---|---|
| First | religion (no establishment, free exercise), speech, press, assembly, petition |
| Second | the right to keep and bear arms |
| Third | no soldiers quartered in homes in peacetime without the owner's consent |
| Fourth | no unreasonable searches and seizures; warrants need probable cause |
| Fifth | grand jury for serious federal crimes; no double jeopardy; no forced self-incrimination; due process; just compensation for property taken |
| Sixth | a speedy, public trial by an impartial jury; to know the charges; to confront and call witnesses; a lawyer |
| Seventh | a jury in federal civil suits over twenty dollars |
| Eighth | no excessive bail or fines; no cruel and unusual punishments |
| Ninth | listing some rights does not deny others kept by the people |
| Tenth | powers not given to the national government are reserved to the states or the people |
Why it works
Notice the pattern. The First protects belief and expression. The Second and Third grew from colonial complaints about standing armies and troops in homes. The Fourth through Eighth are mostly about the criminal process, from the search to the sentence: what you would want if you were ever accused. The Ninth and Tenth are about what the list does not do: it does not give government every power left unlisted, and it does not take away rights left unlisted.
Key idea
First: expression and religion. Second: arms. Third: quartering. Fourth: searches. Fifth: self-incrimination, double jeopardy, due process, takings. Sixth: jury trial and a lawyer. Seventh: civil juries. Eighth: bail and punishment. Ninth: other rights. Tenth: reserved powers.
Worked example: Which amendment?
Police want to look through a suspect's car without a warrant. Which amendment applies?
- The question is about a search.
- Searches and seizures are the Fourth Amendment.
Answer: The Fourth Amendment.
Worked example: Fifth or Sixth?
A defendant says, "I won't testify; I don't have to," and also asks for a lawyer. Which amendments?
- Refusing to be a witness against yourself: the Fifth ("pleading the Fifth").
- The right to the assistance of counsel: the Sixth.
Answer: The Fifth (self-incrimination) and the Sixth (counsel).
Common mistake
Mixing up the Fourth, Fifth and Sixth. Memory aid in order of a case: Fourth, the search; Fifth, the questioning ("I plead the Fifth") and being tried twice; Sixth, the trial itself, with a jury and a lawyer.