The Bill of Rights

On December 15, 1791, the new United States of America ratified the Bill of Rights, the first ten amendments to the U.S. Constitution, confirming the fundamental rights of its citizens. The First Amendment guarantees freedom of religion, speech, and the press, and the rights of peaceful assembly and petition. Other amendments guarantee the rights of the people to form a “well-regulated militia,” to keep and bear arms, the rights to private property, fair treatment for accused criminals, protection from unreasonable search and seizure, freedom from self-incrimination, a speedy and impartial jury trial, and representation by counsel.

The Conventions of a number of the States, having at the time of 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 insure the beneficent ends of its institution.

The Preamble to The Bill of Rights. [Providence]: Printed by Bennett Wheeler, [1789]. Documents from the Continental Congress and Constitutional Convention, 1774 to 1789. Rare Book & Special Collections Division

The Bill of Rights. Photograph shows reproduction of original Bill of Rights, [between ca. 1920 and ca. 1930]. Prints & Photographs Division

The Bill of Rights draws influence and inspiration from the Magna Carta (1215), the English Bill of Rights (1689), and various later efforts in England and America to expand fundamental rights. George Mason’s Virginia Declaration of Rights formed the basis of the amendments that comprise the Bill of Rights.

James Madison, Fourth President of the United States. Gilbert Stuart, artist; Pendleton’s Lithography, ca. 1828. Popular Graphic Arts. Prints & Photographs Division

Mason (1725-92), a native of Fairfax County, Virginia, championed individual liberties throughout his life. In 1776, he drafted the Virginia Declaration of Rights and a large part of Virginia’s state constitution. In 1787, as one of the most vocal members of the Constitutional Convention, Mason expressed great concern that assurances of individual liberties had not been incorporated into the Constitution, and, due to this concern and others, he elected not to sign the document.

The Bill of Rights answered Mason’s greatest concern and the concerns of many ratifying states. As a representative in the First Federal Congress, James Madison ushered seventeen amendments to the Constitution through the House of Representatives. These amendments were subsequently reduced to the twelve amendments passed by Congress and sent to the states on September 25, 1789. The first two proposed amendments, concerning the number of constituents for each representative and the compensation of members of Congress, were not ratified.* By December 15, 1791, articles three through twelve were ratified by the required number of states and became known as the Bill of Rights.

The application of the rights enumerated in the first ten amendments to the Constitution frequently fosters contention. The United States Supreme Court has the power to declare a law unconstitutional that it finds to come in conflict with the Bill of Rights, or any other part of the Constitution, when the constitutionality of the law arises in litigation. Thus, the amendments are frequently reinterpreted in fresh contexts and changing times.

*Note: The original second amendment proposed by the First Federal Congress dealt with the compensation of members of Congress. Although rejected at the time, it was eventually ratified on May 7, 1992, as the 27th Amendment.

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