The Bill Of Rights: Enshrined In Law

The Bill of Rights, comprising the first ten amendments to the United States Constitution, became law on December 15, 1791. It was drafted by James Madison, who drew on the Magna Carta, the English Bill of Rights, and George Mason's Virginia Declaration of Rights. Madison introduced 12 amendments to the First Congress in 1789, 10 of which were ratified and became the Bill of Rights.

The Bill of Rights was ratified on December 15, 1791

The Bill of Rights, comprising the first ten amendments to the US Constitution, was ratified on December 15, 1791. It is one of the three founding documents of the US and was influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, and the English Bill of Rights.

James Madison, who wrote the amendments, focused on rights-related changes, ignoring suggestions that would have structurally changed the government. Madison's amendments were designed to win support in both houses of Congress and the states. He had initially opposed the inclusion of a bill of rights in the Constitution but gradually came to understand its importance during the often-contentious ratification debates. Madison appreciated the importance voters attached to these protections and the role that enshrining them in the Constitution could have in educating people about their rights.

The House passed a joint resolution containing 17 amendments based on Madison's proposal. The Senate changed the joint resolution to consist of 12 amendments. On October 2, 1789, President Washington sent copies of the 12 amendments to the states for approval. By December 15, 1791, three-fourths of the states had ratified 10 of these, now known as the "Bill of Rights."

The Bill of Rights added to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people.

The first ten amendments to the US Constitution

The Bill of Rights was largely the work of James Madison, who studied the deficiencies of the Constitution and crafted a series of corrective proposals. Madison introduced a list of amendments to the Constitution on June 8, 1789, and "hounded his colleagues relentlessly" to secure its passage. Madison had come to appreciate the importance of enshrining these protections in the Constitution, the role this could play in educating people about their rights, and the chance that adding them might prevent the Constitution's opponents from making more drastic changes.

Congress approved 12 articles of amendment on September 25, 1789, and submitted them to the states for ratification. The amendments were proposed as supplemental additions (codicils) to the Constitution, rather than being incorporated into the main body of the document as Madison had proposed. Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution.

The first ten amendments are as follows:

First Amendment

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.

Second Amendment

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.

Third Amendment

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.

Fourth Amendment

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.

Fifth Amendment

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 offense 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.

Sixth Amendment

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 defense.

Seventh Amendment

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.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Tenth Amendment

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.

James Madison wrote the Bill of Rights

James Madison, a member of the U.S. House of Representatives, wrote the Bill of Rights, which comprises the first ten amendments to the United States Constitution. Madison's amendments were designed to win support in both houses of Congress and the states, focusing on rights-related changes while ignoring suggestions that would have structurally altered the government.

Madison's amendments were proposed following the 1787-88 debate over the ratification of the Constitution. They were written to address objections raised by Anti-Federalists, who wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty. Madison studied the deficiencies of the Constitution pointed out by Anti-Federalists and crafted a series of corrective proposals.

Madison initially opposed the inclusion of a bill of rights in the Constitution, but he gradually came to understand its importance during the ratification debates. By taking the initiative to propose amendments himself, he hoped to preempt a second constitutional convention, which might undo the compromises of 1787 and risk the dissolution of the new federal government. Madison also believed that amendments guaranteeing personal liberties would "give to the Government its due popularity and stability".

On June 8, 1789, Madison introduced a list of amendments to the Constitution. The House passed a joint resolution containing 17 amendments based on Madison's proposal, which the Senate changed to 12 amendments. On October 2, 1789, President Washington sent copies of the 12 amendments to the states for ratification. By December 15, 1791, three-fourths of the states had ratified 10 of these, now known as the "Bill of Rights."

Madison's proposed amendments included a provision to extend the protection of some of the Bill of Rights to the states. However, the amendments that were finally submitted for ratification applied only to the federal government. The door for their application to state governments was opened in the 1860s, following ratification of the Fourteenth Amendment. Since the early 20th century, both federal and state courts have used the Fourteenth Amendment to apply portions of the Bill of Rights to state and local governments.

The Bill of Rights was influenced by the Virginia Declaration of Rights

The Bill of Rights, comprising the first ten amendments to the US Constitution, was added to the Constitution in 1791. It was influenced by several earlier documents, including the Virginia Declaration of Rights.

The Virginia Declaration of Rights was written by George Mason and adopted by the Virginia Constitutional Convention on June 12, 1776. It was widely read by political leaders in America and Europe, and it declared that:

> “all men are by nature equally free and independent and have certain inherent rights” of which they cannot deprive themselves or their posterity. These rights were “the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.”

The Virginia Declaration of Rights also enumerated specific civil liberties, including freedom of the press, the free exercise of religion, and the injunction that no man be deprived of his liberty except by the law of the land or by the judgment of his peers. These ideas were mirrored in the Bill of Rights.

The Virginia Declaration of Rights was also notable for its assertion that government is instituted for the benefit, protection, and security of the people. It outlined the separation of powers and emphasised the importance of free elections. Additionally, it included a section on the right to a uniform government, which was a unique feature at the time.

The Virginia Declaration of Rights was a significant influence on the Bill of Rights, and it laid the foundation for protecting individual rights and liberties in the United States. James Madison, who wrote the amendments to the US Constitution, was particularly influenced by the work of George Mason.

The Bill of Rights became the Twenty-seventh Amendment in 1992

The Bill of Rights, which comprises the first ten amendments to the United States Constitution, was ratified in 1791. However, the Bill of Rights was not ratified in its entirety in 1791. Article Two of the Bill of Rights, which became the Twenty-seventh Amendment in 1992, was not ratified by enough states to come into force with the other nine amendments.

The Twenty-seventh Amendment, also known as the Congressional Compensation Act of 1789, states that any law that increases or decreases the salary of members of Congress may only take effect after the next election of the House of Representatives. The amendment was first proposed in 1789, along with eleven other amendments, ten of which became the Bill of Rights in 1791. The Twenty-seventh Amendment was initially ratified by six states, but it was largely forgotten until 1982, when a student at the University of Texas at Austin named Gregory Watson wrote a paper arguing that the amendment could still be ratified. Watson subsequently launched a nationwide campaign to complete its ratification.

The amendment was certified by the Archivist of the United States on May 18, 1992, and Congress affirmed its ratification on May 20, 1992, making it the most recently adopted amendment to the Constitution. The Twenty-seventh Amendment sets a record for the longest ratification period, at 202 years, 7 months, and 10 days.

The Twenty-seventh Amendment addresses the issue of congressional pay, which was a significant topic during the Philadelphia Constitutional Convention. The amendment aims to reduce corruption in the legislative branch by requiring an election before a congressperson's salary increase takes effect, allowing the public to remove members of Congress from office before their salaries increase.

Frequently asked questions