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Session 4900: 1789-08-19 11:00:00

The House resumes and begins consideration of the Committee of the Whole report

United States Bill of Rights 1789 (2021 Edition)

The House of Representatives

Session 4900: 1789-08-19 11:00:00

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House Report Following the Committee of the Whole Report

There is 1 proposed amendment related to this document on which a decision has not been taken.

[House Report]

[Resolved by the Senate and House of Representatives of the United States in Congress assembled, That the following articles be proposed as amendments to the constitution, and when ratified by three-fourths of the State Legislatures shall become valid to all intents and purposes, as part of the same.]

Art. 1, Sec. 6–Between the words 'United States,' and 'shall in all cases,' strike out 'they,' and insert, 'But no law varying the compensation shall take effect until an election of representatives shall have intervened. The members.'

Art. 1, Sec. 9–Between par. 2 and 3 insert, 'Congress shall make no law establishing religion, or to prevent the free exercise thereof, or to infringe the rights of conscience.'

The freedom of speech, and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances, shall not be infringed.

A well regulated militia, composed of the body of the people, being the best security of a free state, the right of the people to keep and bear arms shall not be infringed, but no person religiously scrupulous shall be compelled to bear arms in person.

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.

No person shall be subject, except in case of impeachment, to more than one trial or one punishment for the same offence, 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.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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.

The enumeration in this constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Art. 1, Sec. 10, between the 1st and 2d par. insert – 'No State shall infringe the right of trial by jury in criminal cases; nor the rights of conscience; nor the freedom of speech or of the press."

Art. 3, Sec. 2, add to the 2d par.–'No appeal to the Supreme Court of the United States shall be allowed, where the value in controversy shall not amount to one thousand dollars; nor shall any fact, triable by a jury according to the course of the common law, be otherwise re-examinable than according to the rules of common law.'

Art. 3, Sec. 2–Strike out the whole of the 3d paragraph, and insert–'In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, 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.'

The trial of all crimes (except in cases of impeachment, and in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger) shall be by an impartial jury of freeholders of the vicinage, with the requisite of unanimity for conviction, the right of challenge, and other accustomed requisites; and no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment by a grand jury, but if a crime be committed in a place in the possession of an enemy, or in which an insurrection may prevail, the indictment and trial may by law be authorised in some other place within the same state.

In suits at common law, the right of trial by jury shall be preserved.

Immediately after Art. 6, the following to be inserted as Art. 7.

The powers delegated by the Constitution to the Government of the United States, shall be exercised as therein appropriated, so that the Legislative shall never exercise the powers vested in the Executive or Judicial; nor the Executive the powers vested in the legislative or Judicial; nor the Judicial the powers vested in the Legislative or Executive.

The powers not delegated by this Constitution, nor prohibited by it to the States, are reserved to the States respectively.

Art. 7 to be made Art. 8.

Decisions yet to be taken