阮一峰的網絡日誌
1
1787年9月17日，制憲會議（Constitutional Convention）簽署通過美國憲法草案。
1788年，各州批准憲法，但是幾個重要的大州（New York,Massachusetts,Virginia）覺得憲法草案給予聯邦政府的權力太多，給予個人的權利太少。它們要求憲法必須附加關於人民權利的修正案，否則將拒絕這個憲法。
1789年4月6日，美國第一屆國會開幕，立即開始動手起草關於人民權利的修正案。
1789年9月，國會批准了憲法的第一至第十修正案，總稱為《權利法案》（Bill of Rights）。
1791年末，《權利法案》得到美國11個州的認可，正式生效。
200多年過去了，《權利法案》沒有被修改過一個字。從生效的第一天起，它們就是美國憲法（supreme law of the land）中最重要的部分之一，是美國立國的基石。
再說一遍，美國強大的真正原因，不是它給予政府權力，而是它給予公民自由，並且命令政府竭盡全力保衛這種自由。
2《權利法案》
第一修正案保障宗教、言論和出版自由，保障和平集會和向政府請願的權利。
第二修正案保障公民攜帶武器的自由。
第三修正案規定沒有主人的同意，軍隊不得駐紮民宅。
第四修正案禁止非法的搜查、逮捕和扣押公民財產。
第五修正案規定審判犯有重罪的犯人，必須先由大陪審團提出起訴；不得對同一罪行進行重複審判；未經正當的司法程序，不得實施懲罰；不得強迫被告提供對自己不利的證據。
第六修正案要求對刑事犯罪必須有一個快速的公開審判，必須有一個公正的陪審團，保證被告有獲得律師幫助的權利，審判中證人必須當場與被告當面對質。
第七修正案規定民事訴訟中，其爭執涉及價值超過20美元的，當事人有權要求陪審團審理。
第八修正案規定不得要求過高的保釋金或罰款，不得施與殘酷的或超常的刑罰。
第九修正案宣佈公民的權利不止於憲法中所列出的，憲法沒有專門提及的權利屬於人民。
第十修正案宣佈政府的權力止於憲法中所列出的，憲法沒有專門提及或禁止的權力均留給各州政府和人民。
3.
Amendment I
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.
譯文：國會不得制定關於下列事項的法律：確立國教或禁止信教自由；剝奪言論自由或出版自由；或剝奪人民和平集會和向政府請願伸冤的權利。
Comment: The First Amendment guarantees freedom of speech, freedom of the press, and freedom of association and assembly. It also protects the rights of citizens to worship as they please and the right not to be forced to support someone else's religion. The First Amendment also provides for the right to demand a change in government policies.
Amendment II
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.
譯文：紀律嚴明的民兵是保障自由州的安全所必需的，人民持有和攜帶武器的權利不可侵犯。
Comment: Legal scholars disagree about what right is protected by the Second Amendment. Some scholars have concluded that this amendment affirms a broad individual right to gun ownership. Others interpret the amendment as protecting only a narrow right to possess firearms as members of a militia. Supreme Court decisions have not resolved the debate. However, the courts have held that the Second Amendment does not preclude certain government regulations on gun ownership, such as laws prohibiting ownership of firearms by felons.
Amendment III
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.
譯文：未經房主同意，士兵平時不得駐紮在任何住宅；除依法律規定的方式，戰時也不得駐紮。
Comment: The Third Amendment forbids the government from quartering soldiers in private residences during peacetime without the resident's permission, and during wartime only according to law. Under British rule, American colonists were forced to feed and house British soldiers deployed to help enforce colonial tax laws. The colonists resented this practice, and so banned it with this amendment. This amendment has been basically irrelevant since the end of the American Revolution (1775-1783).
Amendment IV
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.
譯文：人民的人身、住宅、文件和財產不受無理搜查和扣押的權利，不得侵犯。除依據可能成立的理由，以宣誓或代誓宣言保證，並詳細說明搜查地點和扣押的人或物，不得發出搜查和扣押狀。
Comment: The Fourth Amendment prohibits the police and other government officials from searching people's homes or offices or seizing their property without reasonable grounds to believe that a crime has been committed. In most cases, police can conduct a search of a person's home or office only after they get a written search warrant from a judge, detailing where they will search and what they expect to find.
Amendment V
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.
譯文：除非根據大陪審團的報告或起訴書，任何人不受死罪或其他重罪的審判，但發生在陸、海軍中或發生在戰時或出現公共危險時服役的民兵中的案件 除外；任何人不得因同一犯罪行為而兩次遭受生命或身體的危害；不得在任何刑事案件中被迫自證其罪；不經正當法律程序，不得被剝奪生命、自由或財產。不給予 公平賠償，私有財產不得充作公用。
Comment: The Fifth Amendment provides five important protections against arbitrary government actions. First, no one may be prosecuted for a federal crime without first being indicted (formally accused) by a grand jury. Second, a criminal suspect may be prosecuted only once for each crime. If a jury acquits the accused person, there can be no retrial. Third, a person cannot be forced to testify against himself or herself in any criminal case. This is the right against self-incrimination. Fourth, the due process clause bars the government from arbitrarily depriving anyone of life, liberty, or property. Fifth, the government may not take anyone's private property unless it is necessary for a public purpose and unless the government pays a fair price for it.
Amendment VI
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.
譯文：在一切刑事訴訟中，被告有權由犯罪行為發生地的州和地區的公正陪審團予以迅速和公開的審判，該地區應事先已由法律確定；得知控告的性質和理由；同原告證人對質；以強製程序取得對其有利的證人；並取得律師幫助為其辯護。
Comment: The Sixth Amendment guarantees people accused of crimes the right to a speedy and public trial. Defendants in federal cases are entitled to be tried in the area in which the crime was committed, and both state and federal defendants have the right to have an impartial jury decide their guilt or innocence. The Sixth Amendment prohibits the government from prosecuting an accused person without first informing him or her of the nature of the charges against him or her. The accused has the right to 「confront」—that is, to cross-examine witnesses who testify against him or her at trial. Those accused also have a right to subpoena (compel) supporting witnesses to testify in court and to have a lawyer assist in their legal defense.
Amendment VII
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, than according to the rules of the common law.
譯文：在習慣法的訴訟中，其爭執價額超過二十美元，由陪審團審判的權利應受到保護。由陪審團裁決的事實，合眾國的任何法院除非按照習慣法規則，不得重新審查。
Comment: The Seventh Amendment, which does not apply to the states, guarantees the right to a jury in some types of federal civil (noncriminal) trials.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
譯文：不得要求過多的保釋金，不得處以過重的罰金，不得施加殘酷和非常的懲罰。
Comment: The courts must allow most criminal defendants out of jail before their trial if the defendants put up a reasonable bail—a financial guarantee that they will come to the trial. If a person is convicted of a crime, the government cannot impose unreasonable fines or inflict inhumane punishments. What is 「cruel and unusual」 has no fixed meaning, and so decisions interpreting the clause are sometimes controversial. The Supreme Court has generally held that a punishment that is wildly disproportionate to the crime committed is cruel and unusual. The Court has also upheld the death penalty against claims that putting someone to death, regardless of what that person did, is cruel and unusual.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
譯文： 本憲法對某些權利的列舉，不得被解釋為否定或輕視由人民保留的其他權利。
Comment: The Ninth Amendment declares that just because certain rights are not mentioned in the Constitution does not mean that they do not exist. Courts may not infer from the silence of the Constitution that an unlisted right is unavailable to protect individuals from the government.
Amendment X
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.
譯文：憲法未授予合眾國、也未禁止各州行使的權力，由各州各自保留，或由人民保留。
Comment: The Tenth Amendment restates a fundamental constitutional rule: If a particular power was not assigned to the federal government by the Constitution itself, then the states may exercise the power, unless the Constitution also prohibits the states from exercising it. The Tenth Amendment also states that people are free to act, without permission of the federal government, in areas outside the scope of the federal government's powers.
（評論文字摘自Microsoft Encarta Reference Library 2004）
4
《權利法案》的意義：
a) 規定人民有某些絕對的權力，任何政府都無權干涉，使得那些想要奴役人民的暴政難於成功。
b) 規定了人民獲得權力的某些具體的保障措施。
c) 第一修正案尤其保障了民主制度，它規定人不能因為批評性言論或持有不受歡迎的信念而獲罪。
d) 第十修正案尤其促進了科技和經濟的發展，它鼓勵人民去創新。《憲法》中沒有規定的權利都屬於人民，這使得創新的阻力大大減少，使得政府難於對新興事物強加管制。
（完）
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