What are the original amendments? A clear explainer

What the original amendments were: a short definition and context

Why historians call them the original amendments

In September 1789 the First Congress proposed a package of twelve amendments to the Constitution that historians commonly call the original amendments; those proposals are preserved in primary transcriptions and remain the starting point for understanding the Bill of Rights as adopted in 1791. Avalon Project transcription of the 1789 proposals

The package grouped a range of protections and procedural rules, including what later became guarantees for speech, religion, and criminal procedure as well as other items that did not become part of the first ten amendments. The authoritative congressional record and modern transcriptions show the full wording of all twelve proposals. Congress.gov overview of the Bill of Rights and the Constitution

Where the 1789 proposals come from

The text of the proposals was approved by Congress in late September 1789 and transmitted to the states for ratification according to the amendment process in Article V of the Constitution. The primary transcriptions allow readers to compare the congressional submissions with the final ratified language. National Archives Bill of Rights transcription (Founders Online: Madison committee record)

The 12 proposed amendments in 1789: a concise list and what each addressed

A plain list of the 12 proposals

The following short paraphrases follow the order of the 1789 congressional packet as preserved in primary transcriptions. Each line gives a brief label for the proposal and points to the original transcription for exact wording. Avalon Project transcription of the 1789 proposals and an accessible classroom PDF are also available. On THE BILL OF RIGHTS, PDF

1. First proposed article, a limitation on suits against the government, later part of the First Amendment protections for petitions and grievances in practice; see the original wording for precise phrasing.

2. Second proposed article, a freedom of religion and conscience protection that maps to the First Amendment guarantees for religious liberty.

3. Third proposed article, a freedom of the press and free speech protection that maps to First Amendment language on speech and press.

4. Fourth proposed article, protections against unreasonable searches and seizures, which correspond to the Fourth Amendment in the later Bill of Rights.

5. Fifth proposed article, procedural protections for criminal prosecutions, including due process elements that appear in the later Fifth Amendment.

6. Sixth proposed article, the right to a speedy and public trial and other criminal-procedure guarantees similar to the later Sixth Amendment.

7. Seventh proposed article, civil trial rights that relate to the later Seventh Amendment.

8. Eighth proposed article, protections against excessive bail and cruel and unusual punishment that map to the later Eighth Amendment.

9. Ninth proposed article, a catchall that clarified rights retained by the people, corresponding to the later Ninth Amendment language.

10. Tenth proposed article, a reservation of powers to the states and the people, parallel to the later Tenth Amendment.

11. Eleventh proposed article, a clause addressing congressional apportionment that did not become part of the 1791 Bill of Rights and is recorded as unratified in documentary compilations.

12. Twelfth proposed article, a provision limiting changes to congressional pay until after an intervening election; this proposal was not ratified with the first ten but later became the 27th Amendment after a long ratification interval.

Each numbered paraphrase above is based on the congressional order and wording preserved in the congressional packet and modern transcriptions; consult the Avalon Project and Congress.gov for side-by-side transcriptions and notes. Congress.gov transcription and notes. See the Bill of Rights full-text guide for a local reference.

Which articles map to the later Bill of Rights

Ten of the twelve 1789 proposals were ratified by the states and formally adopted as the first ten amendments, commonly called the Bill of Rights, on December 15, 1791. The mapping between the proposals and the later amendments follows the order and content preserved in the congressional text. National Archives Bill of Rights transcript

The two proposals that were not part of that ratification set were the apportionment article and the pay-change article; both appear in the original congressional packet but did not secure the state ratifications needed by 1791. The contemporary transcriptions record these outcomes and provide the exact draft language. Avalon Project transcription of the 1789 proposals

Why two proposals were not part of the Bill of Rights

The congressional apportionment article

The apportionment proposal in the 1789 package addressed how representatives would be apportioned among the states; the proposal appears in the primary transcriptions but did not reach the threshold of ratification recorded by 1791 and so is treated as unratified in documentary compilations. Avalon Project transcription of the 1789 proposals

Historical compilations and legal commentaries list the apportionment article among the items that remained outstanding after the Bill of Rights was adopted, and researchers consult state ratification journals and congressional records to trace any later activity. Congress.gov overview

The congressional pay-change article

The pay-change proposal limited when Congress could alter the compensation of its members, and it was not among the ten articles ratified in 1791. The proposal, however, persisted in documentary records and later became the subject of a renewed ratification effort leading to a modern amendment. National Archives overview of Amendments 11027

Because the pay-change clause remained in archival transcriptions, historians and legal scholars track its long path through state ratification returns and later submissions, noting how the proposal resurfaced and was finally declared ratified centuries after it was first proposed. Avalon Project transcription of the 1789 proposals

How ratification proceeded: timeline from proposal to the Bill of Rights (178901791)

Congressional proposal date and submission to the states

Congress approved the twelve proposed amendments in late September 1789 and transmitted them to the states under the process in Article V; the congressional action is recorded on September 25, 1789 in the modern transcriptions. Avalon Project transcription of the 1789 proposals The Constitution Center also provides accessible background on Article V and amending the Constitution. Constitution Center report on Article V

After transmission, the amendments followed the state-by-state ratification process required by the Constitution; individual state legislatures considered the proposals on separate timetables, and ratification returns were sent back to the federal government for recording. Library of Congress Bill of Rights overview See the site guide on Bill of Rights and civil liberties for related local context.

Over the following two years a sufficient number of states ratified ten of the proposed articles, and the formal adoption of those ten on December 15, 1791 marks the point when they were proclaimed as the Bill of Rights. National Archives Bill of Rights transcript

The ratification timeline is a good example of constitutional procedure in practice: Congress proposes, the states act independently, and the requisite number of state ratifications creates a new amendment. For the 1789 package that process produced the first ten amendments in 1791. Library of Congress Bill of Rights overview

The long path of the pay-change article to become the 27th Amendment

How a proposal can remain unratified for decades

The pay-change article from the 1789 package did not achieve ratification in 1791 but remained in the documentary record, and over time it was the subject of renewed ratification activity that culminated in modern recognition as the 27th Amendment. The National Archives provides a concise account of that sequence. National Archives overview of Amendments 11027

Legal and archival records show that an amendment proposal does not have a fixed expiration in ordinary documentary compilations unless Congress sets a ratification deadline; the pay-change article illustrates how a long interval can pass before a sufficient number of states complete ratification. Avalon Project transcription of the 1789 proposals

Key moments that led to eventual ratification in 1992

The modern ratification path included renewed state action and renewed attention from scholars and state legislatures; in 1992 the required number of states had ratified the pay-change article and it was proclaimed as the 27th Amendment. The National Archives timeline documents those milestones. National Archives overview of Amendments 11027

The story of the 27th Amendment highlights how archival continuity matters: a proposal recorded in 1789 remained visible to later generations and could be completed when enough states later approved it. Researchers rely on compiled ratification returns and the National Archives account to follow that arc. Avalon Project transcription of the 1789 proposals

Status today of the apportionment article and open research questions

Documentary status in archival compilations

The apportionment article from the 1789 proposals is listed in primary transcriptions and in documentary compilations as remaining unratified; archival sources record its text but do not record a sufficient set of state ratifications that would place it among the adopted amendments. Avalon Project transcription of the 1789 proposals

Modern reference works and legal summaries treat the apportionment article as outstanding in the record and advise researchers to consult original state ratification journals and congressional records for any state-level activity that might affect its legal status. Congress.gov overview

What researchers still check

To trace the apportionment article a researcher would consult state ratification journals, the congressional record, and institutional transcriptions to confirm whether any later state actions altered the article’s acceptance. The Library of Congress and Cornell LII provide useful secondary summaries to guide that archival work. Encyclopaedia Britannica Bill of Rights overview

Practical questions for researchers include verifying the dates and legislative journals of each state that considered the article and checking how modern compilations have recorded those returns. Archival study remains the method for resolving open questions about unratified proposals. Library of Congress Bill of Rights overview

How to read the primary sources and where to find them

Key archives and transcriptions to consult

Primary transcriptions and scanned originals are the starting point: the Avalon Project hosts a transcription of the 1789 proposals, the National Archives provides the Bill of Rights text and related materials, Congress.gov offers congressional records, and the Library of Congress offers contextual timelines. Use those institutional collections first. Avalon Project transcription of the 1789 proposals Also see our constitutional rights hub for related resources.

When consulting transcriptions note editorial introductions and verify dates against the scanned originals where available; institutions occasionally add explanatory notes, so compare multiple reliable transcriptions to avoid confusion. National Archives Bill of Rights transcript

Expect differences in punctuation, capitalization, and phrasing between eighteenth-century manuscripts and modern print editions; read the transcriptions carefully and consult scan images if precise wording matters for your purpose. Congress.gov overview

For state-by-state ratification details check the legislative journals of each state and consult compiled ratification returns in the National Archives and Library of Congress collections; these primary records are decisive for tracing the path of each proposal. Library of Congress Bill of Rights overview

Common mistakes to avoid and a brief conclusion

Frequent misreadings of the 1789 package

A common mistake is to assume the entire twelve-article packet was adopted in 1791; in fact ten were ratified by that date, one later became the 27th Amendment, and one remains unratified in the record. Check the original transcriptions to confirm this sequence. National Archives Bill of Rights transcript

Another frequent error is conflating summaries with the exact congressional language; always consult primary transcriptions for verbatim text and rely on institutional overviews for timeline context. Avalon Project transcription of the 1789 proposals

Key takeaway: the phrase original amendment can refer to any of the twelve proposals Congress sent to the states in 1789, but historically the phrase usually points to that full package and its relationship to the Bill of Rights as adopted in 1791. National Archives amendments 11-27 overview