James Madison, drafter of the Bill of Rights, by John Vanderlyn
The Bill of Rights in the National Archives
On June 5, 1788, Patrick Henry spoke before Virginia's ratification convention in opposition to the Constitution.
George Washington's 1788 letter to the Marquis de Lafayette observed, "the Convention of Massachusetts adopted the Constitution in toto; but recommended a number of specific alterations and quieting explanations." Source: Library of Congress
James Madison, primary author and chief advocate for the Bill of Rights in the First Congress

It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights.

- Fifth Amendment to the United States Constitution

The convention's proposed amendments included a requirement for grand jury indictment in capital cases, which would form part of the Fifth Amendment, and an amendment reserving powers to the states not expressly given to the federal government, which would later form the basis for the Tenth Amendment.

- United States Bill of Rights
James Madison, drafter of the Bill of Rights, by John Vanderlyn

5 related topics

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Page one of the officially engrossed copy of the Constitution signed by delegates. A print run of 500 copies of the final version preceded this copy.

Constitution of the United States

Supreme law of the United States of America.

Supreme law of the United States of America.

Page one of the officially engrossed copy of the Constitution signed by delegates. A print run of 500 copies of the final version preceded this copy.
Signing of the Constitution, September 17, 1787 (1940 by Howard Chandler Christy)
Dates the 13 states ratified the Constitution
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"We the People" in an original edition
Closing endorsement section of the United States Constitution
United States Bill of Rights
Currently housed in the National Archives.
John Jay, 1789–1795
John Marshall, 1801–1835
Salmon P. Chase {{refn|group= lower-alpha|The Chase Court, 1864–1873, in 1865 were Salmon P. Chase (chief Justice); Hon. Nathan Clifford, Maine; Stephen J. Field, Justice Supreme Court, U.S.; Hon. Samuel F. Miller, U.S. Supreme Court; Hon. Noah H. Swayne, Justice Supreme Court, U.S.; Judge Morrison R. Waite}}
William Howard Taft {{refn|group= lower-alpha|The Taft Court, 1921–1930, in 1925 were James Clark McReynolds, Oliver Wendell Holmes Jr., William Howard Taft (chief justice), Willis Van Devanter, Louis Brandeis. Edward Sanford, George Sutherland, Pierce Butler, Harlan Fiske Stone}}
Earl Warren {{refn|group= lower-alpha|The Warren Court, 1953–1969, in 1963 were Felix Frankfurter; Hugo Black; Earl Warren (chief justice); Stanley Reed; William O. Douglas. Tom Clark; Robert H. Jackson; Harold Burton; Sherman Minton}}
William Rehnquist {{refn|group= lower-alpha|The Rehnquist Court, 1986–2005.}}
José Rizal
Sun Yat-sen

In general, the first ten amendments, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of government.

The Fifth Amendment (1791) establishes the requirement that a trial for a major crime may commence only after an indictment has been handed down by a grand jury; protects individuals from double jeopardy, being tried and put in danger of being punished more than once for the same criminal act; prohibits punishment without due process of law, thus protecting individuals from being imprisoned without fair procedures; and provides that an accused person may not be compelled to reveal to the police, prosecutor, judge, or jury any information that might incriminate or be used against him or her in a court of law.

Constitution of the United States

Incorporation of the Bill of Rights

Constitution of the United States

Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states.

While the Fifth Amendment had included a due process clause, the due process clause of the Fourteenth Amendment crucially differed from the Fifth Amendment in that it explicitly applied to the states.

U.S. Senator from Michigan Jacob M. Howard, author of the Citizenship Clause

Fourteenth Amendment to the United States Constitution

Adopted on July 9, 1868, as one of the Reconstruction Amendments.

Adopted on July 9, 1868, as one of the Reconstruction Amendments.

U.S. Senator from Michigan Jacob M. Howard, author of the Citizenship Clause
Rep. John Bingham of Ohio was the principal author of the Equal Protection Clause
Thurgood Marshall served as chief counsel in the landmark Fourteenth Amendment decision Brown v. Board of Education (1954).
Senate and House votes on the Fourteenth Amendment
Form of the Letter of Transmittal of the Fourteenth Amendment to the several states for its ratification

The Supreme Court has ruled this clause makes most of the Bill of Rights as applicable to the states as it is to the federal government, as well as to recognize substantive and procedural requirements that state laws must satisfy.

The Fifth and Fourteenth Amendments for example do not prohibit governmental regulation for the public welfare.

Earl Warren

American lawyer, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969.

American lawyer, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969.

Warren as a U.S. Army officer in 1918
The René C. Davidson Courthouse, the main courthouse of the Alameda County Superior Court, completed in 1934
California Attorney General
Warren as Governor of California
Governor Warren meets a young "gold miner" as part of the California centennials, 1948–50
Chief Justice Earl Warren
The Warren Court (1953–1969)
President Kennedy, Jacqueline Kennedy, Chief Justice Earl Warren, and Nina Elisabeth Meyers (Warren's wife), November 1963
An "Impeach Earl Warren sign", posted in San Francisco in October 1958
Earl Warren presents the Commission's report to President Johnson on September 24, 1964.
Chief Justice Warren swears in President Nixon on January 20, 1969.
Grave at Arlington National Cemetery
Warren bust, U.S. Supreme Court
Earl Warren Hall, University of California, Berkeley
Earl Warren Building, headquarters of California Supreme Court (San Francisco)

Many of the Court's decisions incorporated the Bill of Rights, making the protections of the Bill of Rights apply to state and local governments.

The Warren Court saw the incorporation of the remaining provisions of the First Amendment as well as all or part of the Fourth, Fifth, Sixth, and Eighth Amendments.

Exclusionary rule

Legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law.

Legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law.

The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law."

The exclusionary rule is grounded in the Fourth Amendment in the Bill of Rights, and it is intended to protect citizens from illegal searches and seizures.