The Sixth Amendment also deals with protecting the rights of people against possible violations by the criminal justice system. It ensures the right to a public trial by an impartial jury without a significant delay and gives defendants the right to hear the charges against them, call and cross-examine witnesses and retain a lawyer to defend them in court.
According to the modern interpretation of the amendment—shaped by Supreme Court cases such as Powell v. Alabama (1932), which involved the defendants known as the Scottsboro Boys—the state is required to provide effective legal representation for any defendant who cannot afford to employ a lawyer on their own.
Seventh Amendment (ratified 1791)
With the Seventh Amendment, Madison addressed two Anti-Federalist concerns: that the document failed to require jury trials for civil (non-criminal) cases, and that it gave the Supreme Court the power to overturn the factual findings of juries in lower courts. Considered one of the most straightforward amendments in the Bill or Rights, the Seventh Amendment extends the right to a jury trial to federal civil cases such as automobile accidents, property disputes, breach of contract, and discrimination lawsuits. It also prevents federal judges from overturning jury verdicts based on questions of fact, rather than law. Unlike nearly every other right in the Bill of Rights, the Supreme Court has not extended the right to civil jury trial to the states, although most states do guarantee this right.
Eighth Amendment (ratified 1791)
The Eighth Amendment continues the theme of the Fifth and Sixth Amendments by targeting potential abuses on the part of the criminal justice system. In banning the requirement of “excessive bail,” the imposition of “excessive fines,” and the infliction of “cruel and unusual punishment,” but leaving the exact interpretation of these terms unclear, it paved the way for future generations to battle over their meaning. In particular, differing opinions over what constitutes “cruel and unusual punishment” fuel the ongoing debate in the United States over capital punishment.
Ninth Amendment (ratified 1791)
During the debate that produced the Bill of Rights, skeptics argued that by listing such fundamental rights in the Constitution, the framers would be implying that the rights they did not list did not exist. Madison sought to allay these fears with the Ninth Amendment. It ensures that even while certain rights are enumerated in the Constitution, people still retain other non-enumerated rights.
Legal scholars and courts have long debated the meaning of the Ninth Amendment, particularly whether or not it provides a foundation for such rights as privacy (as in the 1965 case Griswold v. Connecticut) or a woman’s right to an abortion (1973’s Roe v. Wade).
10th Amendment (ratified 1791)
As the final amendment in the Bill of Rights, the 10th Amendment originally aimed to reassure Anti-Federalists by further defining the balance of power between the national government and those of the individual states. According to the 10th Amendment, the federal government’s powers are limited to those expressly given to it by the Constitution, while all other powers are reserved for the states or the people. Over the generations, debate has continued over which powers fall into this latter category, and what limitations should be placed on the expanding powers of the federal government.
11th Amendment (ratified 1795)
The first amendment to be ratified after the Bill of Rights, the 11th Amendment was also the first to be framed in direct response to a Supreme Court verdict. In Chisholm v. Georgia (1793), the Court had ruled that the plaintiff, a resident of South Carolina, had the right to sue Georgia for repayment of debts incurred during the Revolutionary War. After many states argued that using the federal courts in this way would shift too much power to the national government, Congress passed the 11th Amendment, which removes all cases involving suits between states from federal court jurisdiction.
12th Amendment (ratified 1804)
Passed in the wake of the chaotic presidential election of 1800, in which Thomas Jefferson and his fellow Democratic-Republican Aaron Burr received the exact same number of votes in the Electoral College, the 12th Amendment provides the method for selecting president and vice president of the United States. Though Article II, Section 1 of the Constitution had mandated that each elector cast two votes without differentiating between their choices for president and vice president, the 12th Amendment requires electors to split the balloting for the two offices.
13th Amendment (ratified 1865)