Freedom of speech, the right to bear arms, no cruel and unusual punishment, no unreasonable search and seizure…. As American citizens, we often hear about these rights, which are bestowed upon us by the Supreme Law of the Land: the United States Constitution. These rights, however, were not part of the original Constitution when the founding fathers signed it in 1788.
They are actually part of the Bill of Rights, the 10 amendments to the Constitution added in 1789. Many other rights are included in the body of the Constitution, such barring any religious test to hold office, and the right of habeas corpus, which prohibits holding someone without a charge.
However, many States would likely not have ratified the Constitution without the provision to immediately amend it with this additional enumeration of rights, since many of the states were wary of a federal government wielding too much power.
Thus, “in order to prevent misconstruction or abuse of its powers,” the Constitutional provision allowing for amendments, Article V, was invoked almost immediately to add these 10 amendments, which ensure certain liberties upon which the federal government cannot infringe.
A member of Congress can initiate the process to amend the U.S. Constitution by submitting a bill, or by a convention of states, called for by 2/3 of state legislatures. Both chambers of Congress – the House and Senate – must pass the bill and then ¾ of the states must ratify it before the Constitution is officially amended.
Dec. 15, 2016 marked the 225th anniversary of the ratification of the Bill of Rights amendments. The Maine State Archives is pleased to host the U.S. National Archives’ “Bill of Rights and You” display to commemorate this anniversary of a decision so pivotal to the formation of our nation.
Let’s take a closer look at the Bill of Rights and what it means for all of us as U.S. citizens:
The First Amendment: “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.”
Citizens of Maine embrace this amendment on a daily basis, whether it’s publishing a news story or attending services at a place of worship. Here, you can see an example of a Maine citizen, Oliver Parker, invoking his First Amendment right in the year 1821, by submitting petitions asking the government to pass a bill to protect against the destruction of fish. Parker and other citizens of the Town of Frankfort petitioned because they were being negatively affected by net fishing.
The Second Amendment: “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.”
The State of Maine has many cultural ties to firearms, for hunting, sport and self-defense, as well as a history of a strong militia force. Here, we see the Adjutant General’s petition for leave & enlistment of the Bangor unit on April 2, 1863. The militia was an important part of Maine’s defense in early statehood and there are several documents related to forming militia companies across the state.
The 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.”
Shown here is a pay stub for two soldiers, Lieut. John F. Sawyer and Timothy H. Weymouth, ensign, who served the State in the Aroostook War. They were paid for subsistence for their service in the war and many relied on the help of local people for supplies as they served on the northern border.
The 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.
This amendment requires that warrants must be issued to allow government entities to conduct search and seizure in relation to investigations. One such warrant is seen here in the murder trial of Aaron Smith, March 16, 1814. The warrant was issued based on evidence from the coroner and a witness that Smith had shot and killed Joseph Garrett.
The 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.”
In 1875, Thomas Black and Thomas Lally of Cape Elizabeth were arrested and tried for playing baseball on a Sunday. This document shows them going through the due process guaranteed them by the 5th amendment.
The 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.”
Again from the 1814 Aaron Smith murder trial, this document references our Sixth Amendment rights, citing the delinquency of witness John Martin, and how that is impacting the defendant’s right to a speedy trial.
The 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.
This right is on display in this Washington County District Court document showing an 1840 case regarding damages due to land flooded by construction of a dam on the Narraguages River.
The Eighth Amendment: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Defining “cruel and unusual” is at the heart of this right, as we can see in this death warrant for Joseph J. Sager of Gardiner in 1834.
The Ninth Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
The ninth amendment speaks to rights that are not addressed by the Constitution, declaring that those rights not mentioned should not be denied. An example of a right assumed by many is from the ungratified 13th amendment that was included in a published version of the Maine State Constitution and United States Constitution in 1825. This amendment was never ratified and speaks to the titles of nobility in the country and sovereignty of citizens.
The Tenth Amendment: “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.”
This right gives the States the ability to create their own bill of additional rights, which they did with their own State Constitutions. This is the Maine State Constitution, ratified in 1820?? Which reiterates much of the Bill of Rights in Article I and includes additional provisions and rights for Maine citizens throughout.
The Maine Constitution can also be amended, per Article X, Section 4: 2/3 of both Houses of the Legislature must propose the amendment and then send it on to the voters of the State for approval before it can become part of the Constitution.
Since the first States ratified the Bill of Rights 225 years ago, another 17 amendments have been added as well. These amendments have been equally important, expanding voting rights to men of all races, and later to women, ending slavery and setting presidential term limits. In all, there have been only 27 amendments actually adopted -- a small fraction of the more than 11,000 Constitutional amendments that have been proposed in Congress.
All of these amendments have sought to make the United States of America a “more perfect union” and many citizens have benefitted from the rights granted through this foundational document upon which we have built this great nation. The amendment process allows the United States to continue evolving and perfecting itself forevermore.