Amendment VII
Amendment VIII
Amendment IX
Amendment X
Audio Lesson
Video Lesson
Resources
The first
10 Amendments to the Constitution were known as the Bill of Rights. They
were essential to the passage of the Constitution because the Constitution
would not have been ratified without the promise of a Bill of Rights.
The Bill of Rights, amendments,
were arranged by James Madison, then a member of the House of
Representatives, not in order of importance or preference, but according to
the order of the provisions of the Constitution they were intended to
modify; for Madison’s original plan, soon to be rejected by the House, was
to incorporate the amendments into the constitutional text.
Roger Sherman
of Connecticut, led the opposition to Madison’s plan. Incorporation of the
amendments, he argued, would destroy the integrity of the document,
necessitating a new draft of the Constitution every time a new amendment was
added. Moreover, “The Constitution is an act of the people,” he reminded his
colleagues, “and ought to remain entire. But amendments will be the act of
the State governments.” The House agreed and adopted Sherman’s principle of
construction. This vote set the precedent for all future exercises of the
amending power.
History
The first
ten amendments were added to the Constitution on December 15, 1791 to
fulfill a promise. Massachusetts, New Hampshire, New York, and Virginia had
only agreed to ratify the Constitution with the understanding that it would
be amended to explicitly protect our most basic rights.
The Bill
of Rights drew its influences from many of the liberties protected by state
constitutions. the Virginia Declaration of Rights, the English Bill of
Rights, the writings of the Enlightenment, and the rights defined in the
Magna Carta.
Not all of the earliest
constitutions contained bills of rights, but the examples set by such States
as Virginia, Pennsylvania, and Massachusetts set the trend for future
constitutions.
The Virginia Declaration of Rights, drafted by George Mason, was the most
widely hailed and served as the favored model for the rest of the nation.
The provisions of this Declaration (and the other bills of rights) may be
traced to Magna Charta, the Petition of Right, and the English Bill of
Rights. It set forth the usual requirements regarding trial by jury, cruel
and unusual punishments, search warrants, freedom of the press, and the
subordination of the military to civil government. Separation of Powers was
also listed as a right of the people, and it was further stipulated that all
men who could demonstrate that they had a permanent common interest with the
community—that is, were property owners—should be given access to the
ballot. Another important provision guaranteed freedom of religion.
This was added at the insistence of Patrick Henry and James Madison. Like
the Declaration of Independence that Jefferson wrote shortly thereafter, the
Virginia Declaration of Rights asserted that all authority is derived from
the people, who have the inalienable right to reform the government if it
fails to provide for their safety and happiness.
The Northwest Ordinance The Ordinance has
been called our first national bill of rights, or “the Magna Charta of
American Freedom.” The great American statesman Daniel Webster said he
doubted “whether one single law of any lawgiver, ancient or modern, has
produced effects of more distinct, marked and lasting character than the
Ordinance of 1787.”
It protected many civil liberties that later appeared in the Bill of Rights
It banned slavery in the Northwest Territory. The wording of the Thirteenth
Amendment (1865) providing for the abolition of slavery in the United States
was taken directly from the Northwest Ordinance.
On the subject of religion, the ordinance provided that “No person,
demeaning himself in a peaceable and orderly manner, shall ever be molested
on account of his mode of worship or religious sentiments, in said
Territory.”
The Ordinance also declared as a matter of public policy that because
“Religion, morality, and knowledge, [are] necessary to good government and
the happiness of mankind, schools and the means of education shall forever
be encouraged.”
"One of the principal points of contention between the Federalists and
Anti-Federalists was the lack of an enumeration of basic civil rights in the
Constitution."
--
Whitehouse.gov
Brutus
made the following argument in antiFederalist No. 84 – On the Lack of a Bill
of Rights
Those
who have governed, have been found in all ages ever active to enlarge their
powers and abridge the public liberty. This has induced the people in all
countries, where any sense of freedom remained, to fix barriers against the
encroachments of their rulers. The country from which we have derived our
origin, is an eminent example of this. Their magna charta and bill of rights
have long been the boast, as well as the security of that nation. I need say
no more, I presume, to an American, than that this principle is a
fundamental one, in all the Constitutions of our own States; there is not
one of them but what is either founded on a declaration or bill of rights,
or has certain express reservation of rights interwoven in the body of them.
From this it appears, that at a time when the pulse of liberty beat high,
and when an appeal was made to the people to form Constitutions for the
government of themselves, it was their universal sense, that such
declarations should make a part of their frames of government. It is,
therefore, the more astonishing, that this grand security to the rights of
the people is not to be found in this Constitution.
The
defenders of the Constitution argued that a bill of rights would undermine
the idea of a government with limited powers.
1)
A
written constitution is the product of a social compact, which affirms that
all authority originally resides in the people and that the people create a
government of limited and enumerated powers in a written constitution.
2)
Due to the impossibility of defining all of the rights which government must
respect, a bill of rights would leave a window open for government to
infringe upon the rights of its citizens.
3)
There was no need for a declaration of rights in 1787, because the work had
already been done in 1776 when in the Declaration of Independence, our
Founders had declared that all human beings are endowed with natural and
inalienable rights by virtue of their participation in the same fundamental
human nature.
In
Federalist 84, Alexander Hamilton made the following argument:
[A] Bills of rights, in the
sense and in the extent in which they are contended for, are not only
unnecessary in the proposed constitution, but would even be dangerous. They
would contain various exceptions to powers which are not granted; and on
this very account, would afford a colorable pretext to claim more than were
granted. For why declare that things shall not be done which there is no
power to do? Why for instance, should it be said, that the liberty of the
press shall not be restrained, when no power is given by which restrictions
may be imposed? I will not contend that such a provision would confer a
regulating power; but it is evident that it would furnish, to men disposed
to usurp, a plausible pretense for claiming that power.
The Bill of Rights was a
concession to the Anti-Federalists and to the States’ Rightists who feared
Federal usurpation of State power, particularly in the sensitive area of
civil liberties. By its terms, the Bill of Rights applied only to Congress
(the Federal government) and exempted the States.
Viewed in historical perspective, its purpose was two-fold: (1) to assure
each individual that the Federal government would not encroach upon
his civil liberties, and (2) to assure each State that the Federal
government would not have jurisdiction over most civil liberties disputes
between a State and its citizens. Each amendment was a guarantee to the
individual and to the States, limiting the powers of the Federal
government but not those of the States.
It is important to understand
precisely, so far as possible, the meanings intended by the men (chiefly
James Madison and George Mason) whose phrases are found in the Bill of
Rights, because many important cases of constitutional law that affect
millions of Americans are today decided on the presumed significance of
certain phrases in the Bill of Rights.
What did those words mean, as
people used them near the end of the eighteenth century?
One way to find out is to consult the first great dictionary of the English
language, Samuel Johnson’s, published at London in 1775; or, later, Noah
Webster’s American Dictionary of the English Language (1828).
Another way to ascertain what
the framers of the Bill of Rights intended by their amendments, and what the
first Congress and the ratifying State legislatures understood by the
amendments’ language, is to consult the following sources:
▪ Sir William Blackstone’s Commentaries on the Laws of England (1765)
▪ The early Commentaries on the Constitution (1833) Joseph Story
▪ Commentaries on American Law (1826) James Kent.
What argument might a Federalist or Anti-Federalist make to defend
individual or states’ rights against their encroachment due to Congress’
interpretation of the General Welfare or Commerce Clause in the
Constitution?
Article I, section 8 of the U. S. Constitution grants Congress the power to
lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and
provide for the common defense and general Welfare of the United States."
Since
the late eighteenth century this language has prompted debate over the
extent to which it grants powers to Congress that exceed those powers
specifically enumerated in the Constitution.
This
clause also authorizes Congress:
"To
regulate Commerce with foreign Nations, and among the several States, and
with Indian Tribes."
It is the
legal foundation of much of the U.S. government's regulatory authority.
BasicsProject.org is a
non-profit, non-partisan 501(c)(3) research and educational initiative. Opinions
expressed by those not directly affiliated with BasicsProject.org are expressly
their own. Responsibility for the accuracy of cited content is expressly that of
the contributing author. BasicsProject.org may or may not agree with opinions
and/or content presented unless expressly cited. All content offered by
BasicsProject.org is copyrighted. BasicsProject.org’s goal is the liberation of
the American voter from partisan politics and special interests in government
through the primary-source, fact-based education of the American people.