ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE CONSTITUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION1 [Introduction text (and footnote 1 below) from the source document, Library of Congress]
source: archive.gov
Introduction to this resource:
The text of this document, The Bill of Rights and other Amendments to the Constitution for the United States of America (preamble), is copied verbatim from the Library of Congress .pdf entitled Constitution of the United States of America – 1787 [see Resources below]. Each amendment is given it’s own line with an area for comments and links to definitions to assist the reader. Comments include RIGHT: notations which express the items for each amendment separately and in other words consistent with present-day expression; granting that these are the interpretation and opinion of the publisher; attempts to aid comprehension and application. Sections for the longer Amendments may also be split into sections with their own area for comments and other details.
Proper ratification of amendments proposed subsequent to the Civil War and lack of a valid quorum to conduct proper business beyond 1860 to that end are in question. The proper and required method for enacting changes to the original Constitution for the United States of America can be reviewed at Article V therein. As information to support such question is found, it shall be included as a note to those amendments.
Definitions for terms and/or concepts are or will be defined with live links to their listing on the Cornerstone Definitions post or other valid sources2 wherein are other key terms and definitions in reference to such lawful topic and concern. Items in green are in need of research with intent to define, clarify, and provide context among meaning between when the document was written and how such terminology tends to be applied presently.
NOTE: R-click links and choose “open in a new tab” to review related information on present definitions so your current place on the page isn’t lost or reset each time you review a related term.
Resources: [National Archives] [Library of Congress]
National_Archives.gov [history] [Article: How it Was Made]
The Bill of Rights
Also known as Amendments I through X
Amendment I [Article I]
Congress shall make no law respecting an 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.
Comments:
RIGHT: to be free from religion-based legislation or any such prohibiting free exercise of your chosen spiritual beliefs.
RIGHT: to speak, to write, and to publish your thoughts and reasoning
RIGHT: to assemble for peaceful purposes with any of the people
RIGHT: to address and correct government agencies or officers as trespassers of your rights and private property
Amendment II [Article II]
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.
Comments:
The 1787 Constitution at Article 1, Section 8, clause 12 places a limit on an army3 at two years of funding; but no such limit for the navy (1-8-13). If heeded, the militia is then a more valid consideration for armed defense of the nation.
RIGHT: to establish, support, and participate with a state militia in order to secure the State.
[where state is the land described in metes and bounds, and State is the people’s society, culture, and self-government; with STATE being a government service contractor which serves the people’s interests by compact called a Constitution.]
RIGHT: to acquire, hold, and wield arma or weaponry without question or accusation
Amendment III [Article III]
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.
Comments:
RIGHT: to be free from a required housing of armed troops in your home without your consent; except when the country is “at war” and such is declared necessity by lawful legislation.
quartered: lodging or living accommodation [9c]
Amendment IV [Article IV]
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.
Comments:
RIGHT: for the people to secure all their private property and related information which are prohibited from unreasonable search; reason proceeding from a testimony of trespass through due process and issue of a warrant for search or seizure of specific items, information, or people to support the trespass or damage claim.
(see “due process” [categorized into substantive, procedural, and “…of law” by legal authorities/BAR] and “search warrant” requirements for your State which usually includes a written (authorized / signed) testimony at risk of perjury reviewed / certified by a judge.)
Amendment V [Article 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, 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.
Comments:
a capital offense includes consideration of a death penalty for the accused.
infamous: having a reputation of the worst kind: notoriously evil
NOTE: if you are under contract with the US Armed Forces, you are essentially “a government instrumentality”, an instrument, tool, or property, subject to a jurisdiction other than “land” for the people, and subject to such “authority” as contracted. (dp)
RIGHT: of the people to be free from arrest and detention (held) as accused of serious crimes unless such accusation is reviewed and validated for trial (indictment or presentment) by a Grand Jury, or if involved in the armed forces [see: court martial and Uniform Code of Military Justice (UCMJ)], or during times of declared war or immanent danger to the people.
RIGHT: to be free of persecution for the same accusation once such matter is adjudicated (reviewed and decided)
RIGHT: to be immune from self-incrimination or producing information or testimony which might assist the accuser. The burden of proof is upon the accuser and the people bear no burden to assist such.
RIGHT: to acquire, maintain, and protect your private property, your freedom, and your life; unless a matter is adjudicated by due process, or property is required for public use, and only if lawfully compensated for your loss or sacrifice.
Amendment VI [Article VI]
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.
Comments:
RIGHT: for those accused of “crime“, to a speedy and public trial under the eyes of the public and the people’s direct arm of “government”: the jury and grand jury.
RIGHT: the accused bears the right to have the trial local to where such alleged crime has taken place. Moving procedure to a jurisdiction friendly to the prosecution should be questioned.
RIGHT: to be informed of the nature and cause of how and why you are accused; as with asking to review a valid warrant; see IV.
RIGHT: to be confronted with the witnesses against you if accused. [comment: Incorporate entities as “persons” acting in an “office, title, role, or post”, organizations, or enterprises operating ens legis, cannot “stand” nor “speak” to witness; lacking personal knowledge.]
RIGHT: to lawfully compel witness in their favor (also written testimony; as with an oath of office to establish the validity of a court)
RIGHT: to “counsel” for your defense. That’s not an attorney, and not a lawyer; unless you prefer such as “counsel”.
Amendment VII [Article VII]
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.
Comments:
RIGHT: in actions at common law (or “civil dispute vs. criminal acts), your right to trial by jury is guaranteed.
RIGHT: of any fact tried by jury to stand as adjudicated, free of review, unless provided for under common law (which may involve fraud, perjury, or solid evidence found after-the-fact)
Amendment VIII [Article VIII]
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Comments:
RIGHT: to exemption from bail levels which would prohibit or restrict your opportunity to freely prepare a defense
RIGHT: to not be subject to excessive, cruel, or unusual fines and/or punishments.
Amendment IX [Article IX]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Comments:
RIGHT: to maintain rights which are not expressly protected or prohibited from trespass in the text of the Constitution. Just because the document doesn’t state you have a right, is no reasoning or indication such right is not maintained by the people. (see Amend. X)
Amendment X [Article X]
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.
Comments:
RIGHT: to reserve to the States or to the people, those powers not expressly delegated to “United States”, or those prohibited to the States. If the powers are not expressly granted to the Federal, or are prohibited at the State level, such powers remain within the authority of the people.
Amendments beyond the Bill of Rights
[footnotes [x] included from the original source document on proposal and ratification measures and procedure.]
Amendment XI4
The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Comments:
Judicial power, or jurisdiction, of the United States (the federation of states at the time this was written) does not apply when citizens of other states or foreign states take issue with one of the several states of the federation. In other words, private matters involving “redress of grievance” (Amend. 1) by the people in rebuke of the States5 are no business of federal judicial agency or “ITs” agents.
Amendment XII6
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 each, 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 votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. ‘*—The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Comments:
The present sitting Vice President presides over the Senate, therefore is the “President of the Senate” (Constitution Article 1-3-4)
inhabitant: one who makes their domicile [2] in a particular place, a dwelling for an extended period; in contrast: “resident“
The President and Vice President shall not be inhabitants of the same state.
These two offices should be elected by “distinct”, meaning unique and separate, ballots; no combined party “ticket” is mentioned.
Lists and records are to be made of those running for President and Vice President; the number of votes for each recorded; forward to the President of the Senate (sitting Vice President).
That person with the greatest number of votes with a majority of the electors is to be named President and Vice President for the respective seats. If there is no majority of electors, the House of Representatives is to choose a President from among the three (3) with the highest number of electoral votes. If such process fails, the current sitting Vice President shall be President as of March 4 that year. For Vice President, the Senate is to choose from the two (2) candidates with the highest number of votes.
A “quorum” for these purposes shall be “two-thirds” of either the States or the Senate for the matter at hand with a majority of the States or of the Senate members to confirm such choice.
Amendment XIII7
SECTION 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
SECTION 2. Congress shall have power to enforce this article by appropriate legislation.
Comments:
NOTES:
a party is a role of legal or lawful responsibility; as to an action at law, or in response to contract agreement.
To be subject is to be ruled, regulated, or controlled.
“United States” by this point in time is a “federal corporation”; no longer synonymous with “The United States of America”.
Amendment XIV8
SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
SECTION 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,15 and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
SECTION 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
SECTION 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
SECTION 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Comments:
NOTES:
With Amendment XIII and here with XIV, you might note that the language and expression veers from “defense of the people’s rights” to “empowering a central federal government”. Hints to the fact that “government” is off-track and heading in the wrong direction historically. [author opinion]
The proper and required method for enacting changes to the original Constitution for the United States of America can be reviewed at Article V therein.
[others to follow as time permits]
footnotes
- The first ten amendments to the Constitution of the United States [Proposal and Ratification] (and two others, one of which failed of ratification and the other which later became the 27th amendment) were proposed to the legislatures of the several States by the First Congress on September 25, 1789. The first ten amendments were ratified by the following States, and the notifications of ratification by the Governors thereof were successively communicated by the President to Congress: New Jersey, November 20, 1789; Maryland, December 19, 1789; North Carolina, December 22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25, 1790; Delaware, January 28, 1790; New York, February 24, 1790; Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790; Vermont, November 3, 1791; and Virginia, December 15, 1791. Ratification was completed on December 15, 1791. The amendments were subsequently ratified by the legislatures of Massachusetts, March 2, 1939; Georgia, March 18, 1939; and Connecticut, April 19, 1939. [footnote from the source document, Library of Congress] ↩︎
- sources consulted for definitions used throughout: [Merriam-Webster] [Black’s Law, 2nd Ed.] [etymonline.com] [Cornell WEX] and others where appropriate. ↩︎
- An army is an occupying force intended to operate on foreign shores during times of war. The army is not intended, and likely prohibited except under conditions of invasion, to operate within the boundaries of the United States of America. Therefore, if we have a standing army, it is occupying other sovereign nations. This is not its intended purpose, but is the current reality and “accepted” use. The Navy and Marine Corps, intended to operate out on coastal and international waters, is reasoned by such wording in Article 1-8-§12 and §13 to be the first defense. The Marines, as “first to fight“, are likely considered the first offensive troops if needed. The “well regulated militia” then is intended as the defense force of the nation as worded and intended with the Constitution and the light in which the second amendment was penned; and that’s not how our armed forces are or have been run by the “United States“. (publisher’s opinion) ↩︎
- The eleventh amendment [Proposal and Ratification] to the Constitution of the United States was proposed to the legislatures of the several States by the Third Congress, on the 4th of March 1794; and was declared in a message from the President to Congress, dated the 8th of January, 1798, to have been ratified by the legislatures of threefourths of the States. The dates of ratification were: New York, March 27, 1794; Rhode Island, March 31, 1794; Connecticut, May 8, 1794; New Hampshire, June 16, 1794; Massachusetts, June 26, 1794; Vermont, between October 9, 1794 and November 9, 1794; Virginia, November 18, 1794; Georgia, November 29, 1794; Kentucky, December 7, 1794; Maryland, December 26, 1794; Delaware, January 23, 1795; North Carolina, February 7, 1795. Ratification was completed on February 7, 1795. The amendment was subsequently ratified by South Carolina on December 4, 1797. New Jersey and Pennsylvania did not take action on the amendment. [footnote from the source document, Library of Congress] ↩︎
- You might consider this ordering of jurisdiction a suggestion that the authority of the federal government is beneath that of the several States, and most certainly beneath the authority of the people to call both State and Federal administration of government to account. Before there can be a cooperation of States (federation), there must be properly organized States; the States come first. As for hierarchy of authority, or superior jurisdiction, the people grant a portion of their authority to the States, therefore, the people’s authority is supreme as stated under the Constitution of the United States of America and Declaration of Independence. [author opinion] ↩︎
- The twelfth amendment [Proposal and Ratification] to the Constitution of the United States was proposed to the legislatures of the several States by the Eighth Congress, on the 9th of December, 1803, in lieu of the original third paragraph of the first section of the second article; and was declared in a proclamation of the Secretary of State, dated the 25th of September, 1804, to have been ratified by the legislatures of 13 of the 17 States. The dates of ratification were: North Carolina, December 21, 1803; Maryland, December 24, 1803; Kentucky, December 27, 1803; Ohio, December 30, 1803; Pennsylvania, January 5, 1804; Vermont, January 30, 1804; Virginia, February 3, 1804; New York, February 10, 1804; New Jersey, February 22, 1804; Rhode Island, March 12, 1804; South Carolina, May 15, 1804; Georgia, May 19, 1804; New Hampshire, June 15, 1804. Ratification was completed on June 15, 1804. The amendment was subsequently ratified by Tennessee, July 27, 1804. The amendment was rejected by Delaware, January 18, 1804; Massachusetts, February 3, 1804; Connecticut, at its session begun May 10, 1804 [footnote from the source document, Library of Congress] ↩︎
- The thirteenth amendment [Proposal and Ratification] to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-eighth Congress, on the 31st day of January, 1865, and was declared, in a proclamation of the Secretary of State, dated the 18th of December, 1865, to have been ratified by the legislatures of twenty-seven of the thirty-six States. The dates of ratification were: Illinois, February 1, 1865; Rhode Island, February 2, 1865; Michigan, February 2, 1865; Maryland, February 3, 1865; New York, February 3, 1865; Pennsylvania, February 3, 1865; West Virginia, February 3, 1865; Missouri, February 6, 1865; Maine, February 7, 1865; Kansas, February 7, 1865; Massachusetts, February 7, 1865; Virginia, February 9, 1865; Ohio, February 10, 1865; Indiana, February 13, 1865; Nevada, February 16, 1865; Louisiana, February 17, 1865; Minnesota, February 23, 1865; Wisconsin, February 24, 1865; Vermont, March 9, 1865; Tennessee, April 7, 1865; Arkansas, April 14, 1865; Connecticut, May 4, 1865; New Hampshire, July 1, 1865; South Carolina, November 13, 1865; Alabama, December 2, 1865; North Carolina, December 4, 1865; Georgia, December 6, 1865. Ratification was completed on December 6, 1865. The amendment was subsequently ratified by Oregon, December 8, 1865; California, December 19, 1865; Florida, December 28, 1865 (Florida again ratified on June 9, 1868, upon its adoption of a new constitution); Iowa, January 15, 1866; New Jersey, January 23, 1866 (after having rejected the amendment on March 16, 1865); Texas, February 18, 1870; Delaware, February 12, 1901 (after having rejected the amendment on February 8, 1865); Kentucky, March 18, 1976 (after having rejected it on February 24, 1865); Mississippi, March 16, 1995 (after having rejected it on December 4, 1865). [footnote from the source document, Library of Congress] ↩︎
- The fourteenth amendment [Proposal and Ratification] to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-ninth Congress, on the 13th of June, 1866. It was declared, in a certificate of the Secretary of State dated July 28, 1868 to have been ratified by the legislatures of 28 of the 37 States. The dates of ratification were: Connecticut, June 25, 1866; New Hampshire, July 6, 1866; Tennessee, July 19, 1866; New Jersey, September 11, 1866 (subsequently the legislature rescinded its ratification, and on March 24, 1868, readopted its resolution of rescission over the Governor’s veto, and on Nov. 12, 1980, expressed support for the amendment); Oregon, September 19, 1866 (and rescinded its ratification on October 16, 1868, but reratified the amendment on April 25, 1973); Vermont, October 30, 1866; Ohio, January 11, 1867 (and rescinded its ratification on January 15, 1868, but reratified the amendment on March 12, 2003); New York, January 10, 1867; Kansas, January 11, 1867; I1linois, January 15, 1867; West Virginia, January 16, 1867; Michigan, January 16, 1867; Minnesota, January 16, 1867; Maine, January 19, 1867; Nevada, January 22, 1867; Indiana, January 23, 1867; Missouri, January 25, 1867; Rhode Island, February 7, 1867; Wisconsin, February 7, 1867; Pennsylvania, February 12, 1867; Massachusetts, March 20, 1867; Nebraska, June 15, 1867; Iowa, March 16, 1868; Arkansas, April 6, 1868; Florida, June 9, 1868; North Carolina, July 4, 1868 (after having rejected it on December 14, 1866); Louisiana, July 9, 1868 (after having rejected it on February 6, 1867); South Carolina, July 9, 1868 (after having rejected it on December 20, 1866). Ratification was completed on July 9, 1868. The amendment was subsequently ratified by Alabama, July 13, 1868; Georgia, July 21, 1868 (after having rejected it on November 9, 1866); Virginia, October 8, 1869 (after having rejected it on January 9, 1867); Mississippi, January 17, 1870; Texas, February 18, 1870 (after having rejected it on October 27, 1866); Delaware, February 12, 1901 (after having rejected it on February 8, 1867); Maryland, April 4, 1959 (after having rejected it on March 23, 1867); California, May 6, 1959; Kentucky, March 18, 1976 (after having rejected it on January 8, 1867). [footnote from the source document, Library of Congress] ↩︎
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