The Bill of Rights, the first 10 amendments, protects certain rights against the federal government. In 1833, the Supreme Court held it did not apply to the states. Constitution Annotated
The Supreme Court applies Bill of Rights protections to state and local governments one right at a time, through the 14th Amendment, a process called selective incorporation. Constitution Annotated
As of 2024, the court had applied most Bill of Rights protections to the states, but not all; where it hasn’t, a state may do what would be unconstitutional for the federal government. Constitution Annotated
The Constitution Annotated’s 2024 supplement covers Supreme Court cases decided through July 1, 2024. Constitution Annotated
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Bill of Rights Explorer
Pick a situation, such as a police search, a school punishing a post or the government taking land, to see which amendment covers it, what the Supreme Court has held and where the limits are. It covers the general rules, and each result names key exceptions and open questions.
How to answer this
A criminal charge over something said or posted, such as a threats charge, is a speech question: choose Speech.
Police questioning and forfeiture are each listed under two topics. Either path leads to the same answer.
A ticket or penalty for sleeping outside: pick A criminal case, then The sentence or penalty.
The Supreme Court applies Bill of Rights protections to state and local governments one right at a time, through the 14th Amendment, a process called selective incorporation. Constitution Annotated
As of 2024, the court had applied most Bill of Rights protections to the states, but not all; where it hasn’t, a state may do what would be unconstitutional for the federal government. Constitution Annotated
| Amendment | What it says | Does it bind the states? |
|---|---|---|
| First: religion, speech, press, assembly, petition | The First Amendment bars laws establishing a religion or prohibiting its free exercise, and laws abridging freedom of speech, freedom of the press, the right to assemble peaceably and the right to petition the government. U.S. Constitution | Every First Amendment freedom applies to state and local governments, starting with free speech in Gitlow v. New York (1925). Constitution Annotated |
| Second: arms | The Second Amendment says the right of the people to keep and bear arms shall not be infringed, after a clause about a well-regulated militia. U.S. Constitution | The Second Amendment applies to the states: the Supreme Court so held in McDonald v. City of Chicago (2010). Constitution Annotated |
| Third: soldiers in homes | The Third Amendment bars housing soldiers in a home in peacetime without the owner’s consent, and in wartime except in a way the law sets. U.S. Constitution | The Supreme Court has never considered whether the Third Amendment applies to the states; a federal appeals court held it does in Engblom v. Carey (1982). Constitution Annotated |
| Fourth: searches and seizures | The Fourth Amendment bars unreasonable searches and seizures of people, houses, papers and belongings, and requires that a warrant rest on probable cause, sworn to, and describe the place to be searched and the people or things to be seized. U.S. Constitution | The Fourth Amendment has applied to the states since Wolf v. Colorado (1949), and the rule excluding evidence obtained in violation of it has applied since Mapp v. Ohio (1961). Constitution Annotated |
| Fifth: charges, self-incrimination, due process, takings | The Fifth Amendment requires a grand jury indictment for serious crimes (outside military cases), bars trying a person twice for the same offense and forcing a person to be a witness against themselves in a criminal case, requires due process of law before taking life, liberty or property, and requires just compensation when private property is taken for public use. U.S. Constitution | The grand jury requirement does not apply to the states: the Supreme Court rejected applying it in Hurtado v. California (1884). The right against self-incrimination has applied to the states since Malloy v. Hogan (1964), and the ban on double jeopardy has applied since Benton v. Maryland (1969). Against the states, the due process right comes from the 14th Amendment’s own Due Process Clause. The Takings Clause has applied to the states since Chicago, Burlington & Quincy Railroad v. City of Chicago (1897). Constitution Annotated |
| Sixth: criminal trials | The Sixth Amendment gives a person accused of a crime a speedy and public trial by an impartial local jury, notice of the charge, the right to confront the witnesses against them, a way to compel favorable witnesses to appear, and the assistance of a lawyer. U.S. Constitution | The right to a criminal jury trial has applied to the states since Duncan v. Louisiana (1968). The other Sixth Amendment trial rights have also applied to the states: a public trial and notice of the charge since In re Oliver (1948), an impartial jury since Irvin v. Dowd (1961), confronting witnesses since Pointer v. Texas (1965), a speedy trial since Klopfer v. North Carolina (1967), and compelling favorable witnesses to appear since Washington v. Texas (1967). The right to a lawyer has applied in state courts in capital cases since Powell v. Alabama (1932), and in all felony cases since Gideon v. Wainwright (1963). In a misdemeanor case, the right to appointed counsel turns on the sentence actually imposed: no one may be sentenced to jail after a conviction without counsel unless the right was validly waived. Scott v. Illinois (1979) modified Argersinger v. Hamlin (1972), which had required counsel whenever jail was possible. The Sixth Amendment’s requirement of a jury from the district where the crime happened has not been applied to the states; the Supreme Court hasn’t considered it, and lower federal courts have rejected it. Constitution AnnotatedConstitution Annotated |
| Seventh: civil juries | The Seventh Amendment preserves the right to a jury trial in suits at common law where more than $20 is at stake, and limits how courts of the United States may reexamine facts a jury decided. U.S. Constitution | The Seventh Amendment’s civil jury right does not apply to the states: the Supreme Court rejected applying it in Walker v. Sauvinet (1876). Constitution Annotated |
| Eighth: bail, fines, punishment | The Eighth Amendment bars excessive bail, excessive fines, and cruel and unusual punishments. U.S. Constitution | The ban on excessive bail applies to the states: the Supreme Court assumed so in Schilb v. Kuebel (1971) and later recognized that case as applying it. The Excessive Fines Clause applies to the states: the Supreme Court so held in Timbs v. Indiana (2019). The ban on cruel and unusual punishments has applied to the states since Robinson v. California (1962). Constitution Annotated |
| Ninth: rights not listed | The Ninth Amendment says that listing certain rights in the Constitution does not deny or weaken other rights the people keep. U.S. Constitution | The Ninth and 10th amendments list no specific rights, so the Supreme Court has recognized they are not subject to incorporation, the process that applies Bill of Rights protections to the states. Constitution Annotated |
| 10th: powers left to states or people | The 10th Amendment reserves to the states, or to the people, the powers the Constitution neither gives the federal government nor denies the states. U.S. Constitution | The Ninth and 10th amendments list no specific rights, so the Supreme Court has recognized they are not subject to incorporation, the process that applies Bill of Rights protections to the states. Constitution Annotated |
For more on a court appointing a lawyer, use the tool: choose A criminal case, then Getting a lawyer.
The 10 Amendments at a Glance
| Amendment | What it says | Does it bind the states? |
|---|---|---|
| First: religion, speech, press, assembly, petition | The First Amendment bars laws establishing a religion or prohibiting its free exercise, and laws abridging freedom of speech, freedom of the press, the right to assemble peaceably and the right to petition the government. U.S. Constitution | Every First Amendment freedom applies to state and local governments, starting with free speech in Gitlow v. New York (1925). Constitution Annotated |
| Second: arms | The Second Amendment says the right of the people to keep and bear arms shall not be infringed, after a clause about a well-regulated militia. U.S. Constitution | The Second Amendment applies to the states: the Supreme Court so held in McDonald v. City of Chicago (2010). Constitution Annotated |
| Third: soldiers in homes | The Third Amendment bars housing soldiers in a home in peacetime without the owner’s consent, and in wartime except in a way the law sets. U.S. Constitution | The Supreme Court has never considered whether the Third Amendment applies to the states; a federal appeals court held it does in Engblom v. Carey (1982). Constitution Annotated |
| Fourth: searches and seizures | The Fourth Amendment bars unreasonable searches and seizures of people, houses, papers and belongings, and requires that a warrant rest on probable cause, sworn to, and describe the place to be searched and the people or things to be seized. U.S. Constitution | The Fourth Amendment has applied to the states since Wolf v. Colorado (1949), and the rule excluding evidence obtained in violation of it has applied since Mapp v. Ohio (1961). Constitution Annotated |
| Fifth: charges, self-incrimination, due process, takings | The Fifth Amendment requires a grand jury indictment for serious crimes (outside military cases), bars trying a person twice for the same offense and forcing a person to be a witness against themselves in a criminal case, requires due process of law before taking life, liberty or property, and requires just compensation when private property is taken for public use. U.S. Constitution | The grand jury requirement does not apply to the states: the Supreme Court rejected applying it in Hurtado v. California (1884). The right against self-incrimination has applied to the states since Malloy v. Hogan (1964), and the ban on double jeopardy has applied since Benton v. Maryland (1969). Against the states, the due process right comes from the 14th Amendment’s own Due Process Clause. The Takings Clause has applied to the states since Chicago, Burlington & Quincy Railroad v. City of Chicago (1897). Constitution Annotated |
| Sixth: criminal trials | The Sixth Amendment gives a person accused of a crime a speedy and public trial by an impartial local jury, notice of the charge, the right to confront the witnesses against them, a way to compel favorable witnesses to appear, and the assistance of a lawyer. U.S. Constitution | The right to a criminal jury trial has applied to the states since Duncan v. Louisiana (1968). The other Sixth Amendment trial rights have also applied to the states: a public trial and notice of the charge since In re Oliver (1948), an impartial jury since Irvin v. Dowd (1961), confronting witnesses since Pointer v. Texas (1965), a speedy trial since Klopfer v. North Carolina (1967), and compelling favorable witnesses to appear since Washington v. Texas (1967). The right to a lawyer has applied in state courts in capital cases since Powell v. Alabama (1932), and in all felony cases since Gideon v. Wainwright (1963). In a misdemeanor case, the right to appointed counsel turns on the sentence actually imposed: no one may be sentenced to jail after a conviction without counsel unless the right was validly waived. Scott v. Illinois (1979) modified Argersinger v. Hamlin (1972), which had required counsel whenever jail was possible. The Sixth Amendment’s requirement of a jury from the district where the crime happened has not been applied to the states; the Supreme Court hasn’t considered it, and lower federal courts have rejected it. Constitution AnnotatedConstitution Annotated |
| Seventh: civil juries | The Seventh Amendment preserves the right to a jury trial in suits at common law where more than $20 is at stake, and limits how courts of the United States may reexamine facts a jury decided. U.S. Constitution | The Seventh Amendment’s civil jury right does not apply to the states: the Supreme Court rejected applying it in Walker v. Sauvinet (1876). Constitution Annotated |
| Eighth: bail, fines, punishment | The Eighth Amendment bars excessive bail, excessive fines, and cruel and unusual punishments. U.S. Constitution | The ban on excessive bail applies to the states: the Supreme Court assumed so in Schilb v. Kuebel (1971) and later recognized that case as applying it. The Excessive Fines Clause applies to the states: the Supreme Court so held in Timbs v. Indiana (2019). The ban on cruel and unusual punishments has applied to the states since Robinson v. California (1962). Constitution Annotated |
| Ninth: rights not listed | The Ninth Amendment says that listing certain rights in the Constitution does not deny or weaken other rights the people keep. U.S. Constitution | The Ninth and 10th amendments list no specific rights, so the Supreme Court has recognized they are not subject to incorporation, the process that applies Bill of Rights protections to the states. Constitution Annotated |
| 10th: powers left to states or people | The 10th Amendment reserves to the states, or to the people, the powers the Constitution neither gives the federal government nor denies the states. U.S. Constitution | The Ninth and 10th amendments list no specific rights, so the Supreme Court has recognized they are not subject to incorporation, the process that applies Bill of Rights protections to the states. Constitution Annotated |
For more on a court appointing a lawyer, use the tool: choose A criminal case, then Getting a lawyer.
Who the Bill of Rights Binds
- The Bill of Rights, the first 10 amendments, protects certain rights against the federal government. In 1833, the Supreme Court held it did not apply to the states. Constitution Annotated
- The Supreme Court applies Bill of Rights protections to state and local governments one right at a time, through the 14th Amendment, a process called selective incorporation. Constitution Annotated
- The 14th Amendment’s Due Process Clause bars any state from depriving a person of life, liberty or property without due process of law. U.S. Constitution
- The ban on excessive bail applies to the states: the Supreme Court assumed so in Schilb v. Kuebel (1971) and later recognized that case as applying it. Constitution Annotated
- The First Amendment limits the government, not the actions of private persons. Courts call this the state action (or governmental action) requirement. Constitution Annotated
- The Fourth Amendment limits the government. The Supreme Court has said it bars only unreasonable searches and seizures initiated by the state. Constitution Annotated
- A private entity counts as the government only in a few limited circumstances: when it performs a traditional, exclusive public function; when the government compels it to take a particular action; or when the government acts jointly with it. Constitution Annotated
Rights the Supreme Court Hasn’t Applied to the States
- The grand jury requirement does not apply to the states: the Supreme Court rejected applying it in Hurtado v. California (1884). Constitution Annotated
- The Seventh Amendment’s civil jury right does not apply to the states: the Supreme Court rejected applying it in Walker v. Sauvinet (1876). Constitution Annotated
- The Sixth Amendment’s requirement of a jury from the district where the crime happened has not been applied to the states; the Supreme Court hasn’t considered it, and lower federal courts have rejected it. Constitution Annotated
- The Supreme Court has never considered whether the Third Amendment applies to the states; a federal appeals court held it does in Engblom v. Carey (1982). Constitution Annotated
- The Ninth and 10th amendments list no specific rights, so the Supreme Court has recognized they are not subject to incorporation, the process that applies Bill of Rights protections to the states. Constitution Annotated
Police Stops, Searches and Questioning
- In Terry v. Ohio (1968), the Supreme Court approved a police officer’s on-the-street stop that included patting down the suspect for weapons. The officer must be able to point to specific and articulable facts that, with rational inferences, reasonably suggest possible criminal behavior. Constitution Annotated
- Police may search a vehicle without a warrant if they have probable cause to believe it contains contraband. The Supreme Court created this automobile exception in Carroll v. United States (1925), reasoning that a vehicle can be quickly moved away while a warrant is sought. Constitution Annotated
- The home gets the Fourth Amendment’s strongest protection. In Payton v. New York (1980), the Supreme Court said the amendment draws a firm line at the entrance to the house, which police may not cross without a warrant absent exigent circumstances: an emergency that leaves police too little time to get one. Constitution Annotated
- Police generally must get a warrant before searching the data on a cell phone taken from a person at arrest. In Riley v. California (2014), the Supreme Court set this as a simple categorical rule, citing the vast personal data phones hold. Constitution Annotated
- Before police question a person in custody, they must give four warnings: the person has the right to remain silent, anything said may be used as evidence, the person has the right to a lawyer, and a lawyer will be appointed if the person cannot afford one. The Supreme Court set this rule in Miranda v. Arizona (1966). Constitution Annotated
- The exclusionary rule keeps evidence seized in violation of the Fourth Amendment out of court. In Mapp v. Ohio (1961), the Supreme Court applied the rule to the states, so illegally seized evidence is excluded from both federal and state courts. Constitution Annotated
Rights in a Criminal Case
- A person charged with a felony who is too poor to hire a lawyer has a right to have one provided, in state as well as federal court. The Supreme Court held the right to counsel fundamental in Gideon v. Wainwright (1963). Constitution Annotated
- In a misdemeanor case, the right to appointed counsel turns on the sentence actually imposed: no one may be sentenced to jail after a conviction without counsel unless the right was validly waived. Scott v. Illinois (1979) modified Argersinger v. Hamlin (1972), which had required counsel whenever jail was possible. Constitution Annotated
- Once a jury acquits a defendant, the government may not try that person again for the offense, whether by appealing the verdict or by bringing a new prosecution. The Double Jeopardy Clause also protects against a second prosecution for the same offense after a conviction. Constitution Annotated
- A state and the federal government may each prosecute a person for the same conduct, because each enforces its own law and so the two crimes are different offenses. The Supreme Court has repeatedly declined to overrule this dual sovereignty doctrine and upheld it in Gamble v. United States (2019). Constitution Annotated
- A jury verdict must be unanimous to convict a defendant of a non-petty offense in both federal and state trials. The Supreme Court first applied the unanimity rule to the states in Ramos v. Louisiana (2020). Constitution Annotated
- Courts judge speedy trial claims with a four-factor balancing test from Barker v. Wingo (1972): the length of the delay, the reason for it, whether the defendant asserted the right, and the prejudice the delay caused. The test sets no fixed deadline. Constitution Annotated
- The ban on cruel and unusual punishments is measured by the norms that currently prevail, not those of 1791. In Trop v. Dulles (1958), a plurality of the Supreme Court said it “must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.” Constitution Annotated
Speech and Religion
- The First Amendment’s Free Speech Clause bars the government from suppressing particular ideas or messages. The Supreme Court typically applies strict scrutiny to content-based laws, meaning laws that draw distinctions based on the message a speaker conveys. Constitution Annotated
- In Tinker v. Des Moines Independent Community School District (1969), the Supreme Court held that neither students nor teachers shed their free speech rights at the schoolhouse gate. The case involved public school students suspended for wearing black armbands to protest the Vietnam War. Constitution Annotated
- Under Employment Division v. Smith (1990), religious belief does not excuse a person from a valid, neutral law of general applicability, such as the criminal drug law in that case, which was not aimed at religious practice. Incidental burdens from such laws do not violate the First Amendment. Constitution Annotated
- In Kennedy v. Bremerton School District (2022), the Supreme Court held that the Establishment Clause must be interpreted by reference to historical practices and understandings. It also held that a school district violated the Free Exercise Clause by suspending a football coach for praying at the 50-yard line after games, prayers the court treated as the coach’s own private speech rather than a government message. Constitution Annotated
How Current This Is
- The Constitution Annotated’s 2024 supplement covers Supreme Court cases decided through July 1, 2024. Constitution Annotated
Related GovFacts Articles
- Your Rights vs. Government: How the Bill of Rights Actually Works
- The First Amendment: Your Guide to America’s Five Core Freedoms
- Understanding Civil Liberties vs. Civil Rights: Your Freedoms and Protections
- Your Rights in Police Encounters: Understanding Terry Stops vs. Full Arrests
- Miranda Rights and the Fifth Amendment: When You Must Speak to Stay Silent