The Bill Of Rights: Enshrined In Law

The Bill of Rights, comprising the first ten amendments to the United States Constitution, was ratified on December 15, 1791. The amendments were designed to address the objections raised by Anti-Federalists and add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power, and explicit declarations that all powers not granted to the federal government are reserved by the states or the people.

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 and became law on December 15, 1791.

The Bill of Rights was heavily influenced by the Virginia Declaration of Rights, which was drafted in 1776 and proclaimed the inherent rights of men, including the right to reform or abolish "inadequate" government. The Virginia Declaration of Rights was written by George Mason and adopted unanimously by the Fifth Virginia Convention at Williamsburg, Virginia, on June 12, 1776. It was widely read by political leaders on both sides of the Atlantic and became the basis of the Bill of Rights.

The Virginia Declaration of Rights states 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." Specific civil liberties enumerated included 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.

The Virginia Declaration of Rights also describes a view of government as the servant of the people, enumerating its separation of powers into the administration, legislature, and judiciary. It is unusual in that it not only prescribes legal rights but also describes the moral principles upon which a government should be run.

James Madison, who wrote the amendments to the US Constitution, drew on the Virginia Declaration of Rights, along with the Magna Carta and the English Bill of Rights, when drafting the Bill of Rights.

The Bill of Rights was drafted by James Madison

James Madison is regarded as the chief author of the Bill of Rights. He was a dominant force at the Constitutional Convention and took notes that have served as an indispensable source for historians, who call him the "Father of the Constitution".

Madison, a Virginia Congressman, wrote an essay in 1787 called "Vices of the Political System", which detailed the flaws of the Articles of Confederation. He believed that tyrannical majorities in the states passed unjust laws that violated the rights of numerical minorities. He had witnessed the oppression of religious dissenters in Virginia and became the leading advocate for the Virginia Statute for Religious Freedom.

On September 12, 1787, during the final days of the Constitutional Convention, fellow Virginian delegate George Mason rose and proposed a bill of rights—a list of rights belonging to the people that the government could not violate. However, the delegates were wrapping up their business and worried that a prolonged debate on a bill of rights could endanger the success of their project. Roger Sherman of Connecticut also reassured the convention that the states had their own bills of rights and so had no need for a national bill of rights. The convention unanimously rejected Mason's idea.

When the Constitution was sent to the state conventions for ratification, the Anti-Federalists who were opposed to it agreed on the need for a bill of rights to protect the liberties of the people. Several Federalists, or those who supported the new Constitution, disagreed. On October 6, Pennsylvanian James Wilson delivered a speech at the state house in which he argued that a bill of rights was unnecessary because the new national government had limited, specified powers and had no power to violate liberties in the first place. In Federalist Paper No. 84, Alexander Hamilton warned that a bill of rights could even be dangerous, because defining certain rights vaguely would leave them subject to misinterpretation or violation, where previously no such power had existed. Moreover, some important rights would be left out and therefore endangered. Most importantly, Hamilton argued that "the constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS" because of the principle of limited government.

During the ratification debate, Federalists in many states had to make compromises. Although they were able to prevent the addition of "conditional amendments" prior to ratification, they had to promise to pass a bill of rights after the Constitution had been ratified. Madison opposed even this and thought "the amendments are a blemish".

Madison conducted an extensive correspondence over several months with his friend Thomas Jefferson, who was in Paris at the time. Jefferson lamented the absence of a bill of rights in the Constitution and asserted, "A bill of rights is what the people are entitled to against every government on earth." Madison waffled on the issue. He did not believe the "omission a material defect." In a republican form of government rooted upon popular sovereignty, the majority could act tyrannically by violating the rights of the minority. Among his several reasons for opposing a bill of rights was that such documents were often just "`parchment barriers`" that overbearing majorities violated in the states regardless of whether the written protections for minority rights existed. As he wrote in Federalist Paper No. 10, Madison also believed that a large republic would have many contending factions that would prevent a majority from violating the rights of minorities. Nevertheless, he began to change his mind.

Madison was deeply concerned about the continuing strength of the Anti-Federalists after ratification. Anti-Federalists were still calling for structural changes and a second constitutional convention to limit the powers of the national government and deny it power over taxation and the regulation of commerce. Madison feared this would lead to chaos and fought against it. He also sought greater consensus and harmony around constitutional principles by reaching out to the opponents of the new government. He ran in a hard-fought campaign against James Monroe for a seat in the House of Representatives and made a campaign promise to support a bill of rights, particularly an amendment protecting the liberty of conscience. Finally, Madison wrote President George Washington's Inaugural Address, which indicated support for a bill of rights to be acted upon in the First Congress.

Representative Madison became the champion for a bill of rights in the First Congress, but the idea met a hostile reception. Most representatives and senators thought Congress had more important work to do setting up the new government or passing tax bills for revenue. Many thought the bill of rights was a "tub to the whale" or a distraction, like the empty tub sailors would use to draw away a whale's attention. Madison was undeterred and dedicated himself to the cause of protecting the people's liberties.

On June 8, 1789, Madison rose on the floor of the House to deliver a speech in favor of a bill of rights. His arguments were founded on the goal of a harmonious political order and the ideals of justice. A bill of rights would extinguish the apprehensions of Anti-Federalists and convince them of the "principles of amity and moderation" held by the other side, now prepared to fulfill a sacred promise made during the ratification debate. Rhode Island and North Carolina, which had withheld their ratification of the Constitution until a bill of rights was added, would also be welcomed into the union. Most importantly, the Bill of Rights would "expressly declare the great rights of mankind secured under this constitution."

Madison then skillfully guided the amendments through the Congress. He and his committee reconciled all the amendments proposed by the state ratifying conventions and discarded any that would alter the structure of the Constitution or the new government. Limiting himself to those protecting essential liberties, Madison developed a list of nineteen amendments and a preamble. He wanted them to be woven into the text of the Constitution, not simply affixed to the end of the document as amendments, and he sought a key amendment to protect from violation by state governments religious freedom, a free press, and trial by jury. He lost both these provisions but prudentially and moderately continued to support the Bill of Rights he had proposed.

On August 24, the House sent seventeen amendments to the Senate after approving them by more than the required two-thirds margin. By September 14, two-thirds of the Senate had approved twelve amendments, removing the limitations on state governments. President Washington sent the amendments to the states, endorsing them even though the president did not have a formal role in their adoption.

Over the next two years,

The Bill of Rights was ratified on December 15, 1791

The Bill of Rights, comprising the first ten amendments to the United States Constitution, was ratified on December 15, 1791. It is a collection of mutually reinforcing guarantees of individual rights and limitations on federal and state governments.

The Bill of Rights was drafted by James Madison, who studied the deficiencies of the Constitution pointed out by Anti-Federalists and crafted a series of corrective proposals. Madison's proposal 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 Bill of Rights was added to the Constitution because the Constitution lacked limits on government power. Federalists advocated for a strong national government, while Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty.

The Bill of Rights was strongly influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the English Bill of Rights, and the Massachusetts Body of Liberties.

The first ten amendments, or the Bill of Rights, guarantee specific freedoms and rights, including freedom of religion, freedom of speech, freedom of the press, freedom of assembly, the right to keep and bear arms, protection against unreasonable search and seizure, protection against self-incrimination, the right to a speedy trial, trial by jury, and protection against excessive bail or fines and cruel and unusual punishment.

The Bill of Rights was initially 12 amendments, not 10

The Bill of Rights, comprising the first ten amendments to the U.S. Constitution, was passed by Congress on September 25, 1789, and ratified on December 15, 1791. It is one of the three founding documents of the nation and was influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the English Bill of Rights, and the Massachusetts Body of Liberties.

The Bill of Rights was initially proposed as twelve amendments, not ten. James Madison, then a member of the U.S. House of Representatives, drafted the amendments to limit government power and protect individual liberties. Madison's proposal included nineteen amendments, which he submitted to the U.S. House of Representatives on June 8, 1789. The House approved seventeen of them and sent them to the U.S. Senate, which approved twelve on September 25, 1789. These twelve amendments were then sent to the states for approval in August 1789. However, only ten amendments were ultimately ratified and became law on December 15, 1791.

The first ten amendments in the Bill of Rights include:

• The First Amendment, which guarantees freedom of religion, speech, press, assembly, and the right to petition the government.
• The Second Amendment, which protects the right to keep and bear arms.
• The Third Amendment, which prohibits the quartering of soldiers in private homes without the owner's consent.
• The Fourth Amendment, which protects citizens' right to be free from unreasonable government intrusion through the requirement of a warrant.
• The Fifth Amendment, which includes protections against double jeopardy and self-incrimination, and guarantees due process and compensation for the seizure of private property.
• The Sixth Amendment, which establishes the right to a speedy and public trial, an impartial jury, the right to confront witnesses, and the assistance of counsel, among others.
• The Seventh Amendment, which guarantees the right to a jury trial in civil cases involving claims of more than twenty dollars.
• The Eighth Amendment, which forbids excessive bail or fines and cruel and unusual punishments.
• The Ninth Amendment, which protects unenumerated rights retained by the people.
• The Tenth Amendment, which reserves powers not delegated to the United States to the states or the people.

The Bill of Rights was added to the Constitution to limit government power

The Bill of Rights, comprising the first ten amendments to the United States Constitution, was added to limit the powers of the federal government and protect individual liberties.

The Constitution was approved in 1789, but some people felt it did not adequately protect certain basic rights. The Federalists, who advocated for a strong national government, believed that the people and states automatically kept any powers not given to the federal government. On the other hand, the Anti-Federalists wanted power to remain with state and local governments and favoured a bill of rights to safeguard individual liberty.

The Bill of Rights was largely the work of James Madison, who studied the deficiencies of the Constitution pointed out by the Anti-Federalists and crafted a series of corrective proposals. Madison initially opposed the inclusion of a bill of rights but later came to appreciate the importance of doing so during the often contentious ratification debates. He understood the value voters attached to these protections and believed that enshrining them in the Constitution could educate people about their rights. Madison also hoped that amendments guaranteeing personal liberties would "give to the Government its due popularity and stability".

Madison proposed a series of amendments in the House of Representatives, focusing on rights-related changes while ignoring suggestions that would have structurally changed the government. The House approved 17 amendments, of which the Senate approved 12, which were sent to the states for approval in August 1789. Ten amendments were ratified and became law on December 15, 1791. These amendments added 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 for the states or the people.

The Bill of Rights was influenced by the Virginia Declaration of Rights (1776), the Northwest Ordinance (1787), the English Bill of Rights (1689), and the Magna Carta (1215).

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