THE BILL OF RIGHTS
of
THE UNITED STATES CONSTITUTION
RATIFIED IN 1791
Congress shall make no law respecting an establishment of religion (1), or prohibiting the free exercise thereof; of abridging the freedom of speech (1), or of the press; or the right of the people peaceably to assemble (1), and to petition (1) the Government for a redress of grievances.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms (1) District of Columbia v. Heller, __ U.S. __ (2008) shall not be infringed.
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.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures (1), shall not be violated, and no Warrants (1) 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. [Selectively incorporated: Mapp v. Ohio, 367 U.S. 643 (1961)]
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment (1) of a Grand Jury (1), (2) [Not selectively incorporated: Hurtado v. California, 110 U.S. 516 (1884); Albright v. Oliver, 510 U.S. 266 (1994)], 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 (1) [Selectively incorporated: Benton v. Maryland, 395 U.S. 784 (1969)] of life or limb; nor shall be compelled in any criminal case to be a witness against himself (1) [Selectively incorporated: Malloy v. Hogan, 378 U.S. 1 (1964)], nor be deprived of life, liberty, or property, without due process of law * [ See Hamdan v. Rumsfeld, 126 S. Ct. 2749 (2006) - curbing President Bush's effort to violate due process by using illegal military commissions to try non-citizens for acts of terrorism] (1); nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy (1) [Selectively incorporated: Klopfer v. North Carolina, 386 U.S. 213 (1967);United States v. Marion, 404 U.S. 307 (1971); Barker v. Wingo, 407 U.S. 514 (1972)] and public trial (1) [Selectively incorporated: Gannett Co., Inc. v. DePasquale, 443 U.S. 368 (1979)], by an impartial jury (1), (2) [Selectively incorporated: Duncan v. Louisiana, 391 U.S. 145 (1968)] 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 [Selectively incorporated: Gannett Co. Inc. v. DePasquale, supra] of the nature and cause of the accusation; to be confronted (1) with the witnesses against him [Selectively incorporated: Pointer v. Texas, 380 U.S. 400 (1965)], to have compulsory process (1) [Selectively incorporated: Washington v. Texas, 388 U.S. 14 (1967)] for obtaining wit nesses in his favor, and to have the assistance of counsel (1), (2) [Selectively incorporated: Gideon v. Wainright, 372 U.S. 335 (1963)] for his defense.
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 reexamined in any Court of the United States, then according to the rules of the common law.
Excessive bail (1), (2) [No definitive ruling on whether protection from excessive bail applies to states, but see Schilb v. Kuebel, 404 U.S. 357 (1971) suggesting that the right is fundamental) shall not be required, nor excessive fines imposed, nor cruel and unusual punishments (1) [Selectively incorporated: Robinson v. California, 370 U.S. 660(1962); see also Roper v. Simmons, 543 U.S. 551 (2005)] inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.
Section 1. Neither slavery nor involuntary servitude, except as 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 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 where they reside. No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law ** Palko v. Connecticut, 302 U.S. 319 (1937); Adamson v. California, 332 U.S. 46 (1947); Rochin v. California, 342 U.S. 165 (1952); Griswold v Connecticut, 381 U.S. 479 (1965) nor deny to any person within its jurisdiction the equal protection of the laws (1).
(Sections 2,3,4,and 5 omitted)
* The Fifth Amendment due process clause applies in the federal system.
** The Fourteenth Amendment due process clause applies to the states.
["Selective Incorporation" of Bill of Rights Provisions : With minor exceptions, e.g., the Fifth Amendment right to indictment by a grand jury, most of the protective guarantees of the Federal Bill of Rights have been extended by the United States Supreme Court to accused criminals in state court proceedings. Selective incorporation is accomplished by the Supreme Court finding that a particular provision is fundamental to the Amercican scheme of justice and thus binding on the states through the Due Process Clause of the Fourteenth Amendment. Landmark cases from the United States Supreme Court, making the decision to incorporate or not, have been indicated above. This subject has more meaning for those who are familiar with the dual system of federal and state courts that exists under the concept of federalism. A good discussion of the concept of selective incorporation can be fond in Justice White's opinion in Duncan v. Louisiana.]
[NOTE: These sites (1), (2), (3), (4 - superb site for American documents, born of mother Carrie - no relation to the Stephen King pimply-faced poltergeist) are worth a look for their historical documentation of American history. Check this site if you are interested in biographical sketches of justices who have served on the United States Supreme Court.
The American Constitution Society blawg is an excellent resource.
For a comparison of the Sixth Amendment protection against double jeopardy,
John Paul Stevens - 1975 - present (preceded by Douglas 1939)
Anton Scalia - 1986 - present (preceded by Rehnquist 1972)
Anthony Kennedy - 1988 - present (preceded by Powell 1972)
David Souter - 1990 - present (preceded by Brennan 1956)
Clarence Thomas - 1992 - present (prededed by Marshall 1967)
Ruth Bader Ginsburg - 1993 - present (preceded by White 1962)
Stephen Breyer - 1994 - present (preceded by Blackmun 1970)
John Roberts (Chief) - 2005 - present (preceded by Rehnquist 1986, Burger 1969)
Samuel Alito - 2006 - present (preceded by O'Connor 1981)
THE BILL OF RIGHTS
of
[Note: Article I of the Texas Constitution contains a Bill of Rights. I have included a few of the key rights below.]
Article I - BILL OF RIGHTS
Section 9. No Unreasonable Seizures and Searches Allowed. - The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.
Section 10. Rights of Accused Persons in Criminal Cases. - In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself and shall have the right of being heard by himself or counsel,or both; shall be confronted by the witnesses against him and shall have compulsory process for obtaining witnesses in his favor, except that when the witness resides out of State and the offense charged is a violation of any of the antitrust laws of this State, the defendant and the State shall have the right to produce and have the evidence admitted by deposition, under such rules and laws as the Legislature may hereafter provide; and no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment , otherwise than in the penitentiary; in cases of impeachment and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger.
Section 13. Excessive Bail and Fine and Unusual Punishment Prohibited; Courts Open. - Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done to him in his lands, goods, person or reputation, shall have a remedy by due course of law. [On the issue of denying bail in Texas, see Tx. Const. Art I, Sections 11 and 11A.
Regarding the specifics of bail and the procedures, see Chapter 17 C.C.P]
Section 14. No Person Shall Be Put Twice in Jeopardy. - No person, for the same offense, shall be twice put in jeopardy of life or liberty, nor shall a person be again put on trial for the same offense after a verdict of not guilty in a court of competent jurisdiction.
Section 16. There Shall Be No Bill of Attainder or ex Post Facto Laws. - No bill of attainder or ex post facto law, retroactive law, or any other law impairing the obligation of contracts.
Section 18. No Imprisonment for Debt. - No person shall ever be imprisoned for debt.
Section 19. Due Course of Law. - No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of law of the land.
Section 29. "Bill of Rights" Inviolate. - To guard against transgressions of the high powers being delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provision shall be void.
[Scope of protection afforded under state constitutions vis a vis the United States Constitution: The United States Supreme Court determines the minimum level of constitutionally protected rights that accused persons have in the criminal justice system (federal and state court proceedings) throughout the United States. It is is important to know that the supreme courts of the individual states may each choose to grant greater protection in their state courts to the criminal defendant by interpreting protective provisions of their state constitutions more liberally than the United States Supreme Court. In most instances, state courts construe the level of protection as coextensive with that protected by the Federal Constitution, but this is not always true.]
Note: Many of the individual rights contained in the Texas Constitution are also contained in Chapter 1 of the Texas Code of Criminal Procedure, e.g., due course of law, right to counsel, searches and seizures, right to bail, habeas corpus, cruelty prohibited, jeopardy, right to jury, liberty of speech and press, public trial, confrontation by witnesses, etc. Be sure to consult the TCCP when such rights are at issue. If you are objecting to a violation, cite the relevant federal and /or state constitutional provision, as well as the applicable statute.
CCJA's Guide to the Federal and Texas
BILL OF RIGHTS
&
Other Individual Freedoms
copyright © 2001 Ray Moses
all rights reserved
"I am the inferior of any man whose rights I trample underfoot."
The American Bill of Rights - Abraham Lincoln called it "the golden apple within the Constitution's picture of silver."
"Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit."
