权利法案中英文对照
权利法案(The Bill of Rights)
During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12, however, ratified by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights.The Bill of Rights: A TranscriptionThe Preamble to The Bill of RightsCongress of the United Statesbegun and held at the City of New-York, onWednesday the fourth of March, one thousand seven hundred and eighty nine.THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights."Amendment ICongress 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.Amendment IIA 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.Amendment IIINo 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.Amendment IVThe 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.Amendment VNo 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.Amendment VIIn 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.Amendment VIIIn 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.Amendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.Amendment IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.Amendment XThe 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.。
英美权利法案
英美权利法案The Bill of Rights，即《权利法案》，又译《人权法案》，指的是美国宪法中第一至第十条宪法修正案，由詹姆斯·麦迪逊起草，1791年12月15日，获得通过。
权利法案的10条修正案包括：第一条：言论、宗教、和平集会自由；第二条：持有与佩戴武器的权利；第三条：免于民房被军队征用；第四条：免于不合理的搜查与扣押；第五条：正当程序（Due Process）、一罪不能两判、禁止逼供、禁止剥夺私人财产；第六条：未经陪审团不可定罪以及剥夺被控告方的其他权利；第七条：民事案件中要求陪审团的权利；第八条：禁止过度罚金与酷刑；第九条：未被列入的其他权利同样可以受到保护；第十条：人民保留未经立法的权利。
影响与评价《权利法案》的第一条，即美国宪法第一修正案对美国影响巨大。
美国媒体所享有的一切自由都源于此，在美国，凡是涉及言论、新闻、出版等诉讼，往往都会搬出此，它几乎成为美国媒体或个人言论自由的护身符，不可动摇。
以至于美国人把它颂扬为“美国生活方式”的主要内容。
[1]但是《权利法案》没有修正宪法的一个重大缺陷，即对奴隶制的确认，这使后来的南方地区农奴制扩张大大增长。
[2] 第一条（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.译文：国会不得制定关于下列事项的法律：确立国教或禁止信教自由；剥夺言论自由或出版自由；或剥夺人民和平集会和向政府请愿伸冤的权利。
bill of rights
第十条 Amendment X Rights of the States under Constitution
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. 译文：宪法未授予合众国、也未禁止各 州行使的权力，由各州各自保留，或由人民 保留。
译文：人民的人身、住宅、文件和财产不受无 理搜查和扣押的权利，不得侵犯。除依据可能成立 的理由，以宣誓或代誓宣言保证，并详细说明搜查 地点和扣押的人或物，不得发出搜查和扣押状。
第五条 Amendment V Provisons concerning prosecbe 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 ……
1787年在费城起草的宪法，在各州审议批准 的过程中，也有不少美国公民感到不安，因 为宪法中并没有明确保障个人的权利。因此， 《宪法》补充了10条修正案，统一称为《权 利法案》，英文叫The Bill of Rights。由于 补充了《权利法案》，《宪法》在13个州均 获批准，并于1789年生效。
权利法案 the Bill of Rights
English Bill of Rights 1689An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of theCrownWhereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight [old style date] present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following, viz.:Whereas the late King James the Second, by the assistance of divers evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom;By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power;By issuing and causing to be executed a commission under the great seal for erecting a court called the Court of Commissioners for Ecclesiastical Causes;By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament;By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law;By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;By violating the freedom of election of members to serve in Parliament;By prosecutions in the Court of King's Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses;And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders;And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects;And excessive fines have been imposed;And illegal and cruel punishments inflicted;And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;All which are utterly and directly contrary to the known laws and statutes and freedom of this realm;And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal being Protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight [old style date], in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters elections having been accordingly made;And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declareThat the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;That election of members of Parliament ought to be free;That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;。
权利法案中英文对照
权利法案原文第一条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.译文：国会不得制定关于下列事项的法律：确立国教或禁止信教自由；剥夺言论自由或出版自由；或剥夺人民和平集会和向政府请愿伸冤的权利。
第二条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.译文：纪律严明的民兵是保障自由州的安全所必需的，人民持有和携带武器的权利不可侵犯。
第三条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.译文：未经房主同意，士兵平时不得驻扎在任何住宅；除依法律规定的方式，战时也不得驻扎。
第四条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.译文：人民的人身、住宅、文件和财产不受无理搜查和扣押的权利，不得侵犯。
权利法案及注释
《权利法案》（十三条）……灵俗两界贵族与众议员等……宣告：1．凡未经国会同意，以国王权威停止法律或停止法律实施①之僭越权力，为非法权力。
2．近来以国王权威擅自废除法律或法律实施之僭越权力，为非法权力。
3．设立审理宗教事务之钦差法庭之指令，以及一切其他同类指令与法庭②，皆为非法而有害。
4．凡未经国会准许，借口国王特权，为国王而征收，或供国王使用而征收金钱，超出国会准许之时限或方式者，皆为非法③。
5．向国王请愿，乃臣民之权利，一切对此项请愿之判罪或控告，皆为非法。
6．除经国会同意外，平时在本王国内征募或维持常备军，皆属违法④。
7．凡臣民系新教徒者，为防卫起见，得酌量情形，并在法律许可范围内，置备武器。
8．国会议员之选举应是自由的。
9．国会内之演说自由、辩论或议事之自由，不应在国会以外之任何法院或任何地方，受到弹劾或讯问。
10．不应要求过多之保释金，亦不应强课过分之罚款，更不应滥施残酷非常之刑罚。
11．陪审官应予正式记名列表并陈报之，凡审理叛国犯案件之陪审官应为自由世袭地领有人。
12．定罪前，特定人的一切让与及对罚金与没收财产所作的一切承诺，皆属非法而无效。
13．为伸雪一切诉冤，并为修正、加强与维护法律起见，国会应时常集会。
彼等【即灵俗两界贵族与众议员等】主张、要求与坚持上开各条为彼等无可置疑之权利与自由；凡上开各条中有损人民之任何宣告、判决、行为或诉讼程序，今后断不应据之以为结论或先例。
──蒋相泽主编《世界通史资料选辑》近代部分上册【解读】“光荣革命”发生的第二年即1689年，英国议会上、下两院依法在威斯敏斯特宫（西敏寺）集会，制定了《权利法案》，以确保人民所享有的权利与自由的传统。
该法案全称为《关于宣布国民权利与自由和王位继承法案》，共有13条款，分为两部分，一是宣布禁止国王的诸项“非法权力”，二是明确列举人民的各项自由与权利。
这条材料对于我们正确地理解英国君主立宪制的性质、特点等问题，具有极为重要的参考价值。
BillofRights权利法案
the Bill of Rights 1688
- no standing army may be maintained during a time of peace without the consent of parliament.
- no royal interference in the freedom of the people to have arms for their own defence as suitable to their class and as allowed by law (simultaneously restoring rights previously taken from Protestants by James II) - no royal interference in the election of members of parliament the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament
Bill of Rights
the Bill of Rights 1688
An Act of the Parliament of England passed on 16 December 1689. It was a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689, inviting them to become joint sovereigns of England.
1689年英国权利法案(英文)
That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;
BILL OF RIGHTS
1689
An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown
Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight [old style date] present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following, viz.:
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权利法案原文
第一条
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.
译文：国会不得制定关于下列事项的法律：确立国教或禁止信教自由；
剥夺言论自由或出版自由；或剥夺人民和平集会和向政府请愿伸冤的权
利。
第二条
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.
译文：纪律严明的民兵是保障自由州的安全所必需的，人民持有和携带
武器的权利不可侵犯。
第三条
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.
译文：未经房主同意，士兵平时不得驻扎在任何住宅；除依法律规定的
方式，战时也不得驻扎。
第四条
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.
译文：人民的人身、住宅、文件和财产不受无理搜查和扣押的权利，不
得侵犯。
除依据可能成立的理由，以宣誓或代誓宣言保证，并详细说明
搜查地点和扣押的人或物，否则不得发出搜查和扣押状。
第五条
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.
译文：除非根据大陪审团的报告或起诉书，任何人不受死罪或其他重罪
的审判，但发生在陆、海军中或发生在战时或出现公共危险时服役的民
兵中的案件除外；任何人不得因同一犯罪行为而两次遭受生命或身体的
危害；不得在任何刑事案件中被迫自证其罪；不经正当法律程序，不得
被剥夺生命、自由或财产。
不给予公平赔偿，私有财产不得充作公用。
第六条
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.
译文：在一切刑事诉讼中，被告有权由犯罪行为发生地的州和地区的公
正陪审团予以迅速和公开的审判，该地区应事先已由法律确定；得知控
告的性质和理由；同原告证人对质；以强制程序取得对其有利的证人；
并取得律师帮助为其辩护。
第七条
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.
译文：在普通法的诉讼中，其争执价额超过二十美元，由陪审团审判的
权利应受到保护。
由陪审团裁决的事实，合众国的任何法院除非按照习
惯法规则，不得重新审查。
第八条
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
译文：不得要求过多的保释金，不得处以过重的罚金，不得施加残酷和
非常的惩罚。
第九条
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
译文：本宪法对某些权利的列举，不得被解释为否定或轻视由人民保留
的其他权利。
第十条
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.
译文：宪法未授予合众国、也未禁止各州行使的权力，由各州各自保留，
或由人民保留。