argumentative essay about bill of rights

Federalists and Antifederalists Debate a Bill of Rights

Introduction

During the final week of the Convention, Edmund Randolph clearly felt uneasy about the final draft of the Constitution that emerged from the Committee of Style Report. He called for a second convention and that became a persistent theme of the Antifederalists from Virginia and New York who wanted to return to the structure of the Articles of Confederation . On the other hand, George Mason, author of the Virginia Declaration of Rights , expressed his wish that “the plan had been prefaced with a Bill of Rights [It] would give great quiet to the people” and would be easy to prepare given the presence of state declarations. His motion, supported only by Elbridge Gerry, was deemed unnecessary.

Apparently, Mason left Philadelphia very upset with what had taken place. Writing to Jefferson on October 24, 1787, Madison notes that “Col. Mason left Phila. in an exceeding ill humor indeed. A number of little circumstances arising in part from the impatience which prevailed toward the close of business, conspired to whet his acrimony. He returned to Virginia with a fixed disposition to prevent the adoption of the plan if possible. He considers the want of a Bill of Rights as a fatal objection.” Madison concludes: “His conduct has given great umbrage to the Count of Fairfax, and particularly to the Town of Alexandria. He is already instructed to promote in the Assembly the calling of a Convention, and will probably be either not deputed to the Convention, or be tied up by his express instructions.”

By the Summer of 1787, with the exception of the omission by the Constitutional Convention, there was an emerging “deliberate sense of the community” that a bill of rights either preface or be inserted within constitutional documents. And that Americans, as Jefferson remarked in the remarkable exchanges with Madison, had become used to a bill of rights and was something to be expected by all lovers of free government. And, however good the work of the Constitution, there was still the need to make the union more perfect.

Opponents of ratification of the Constitution argued that the absence of a bill of rights demonstrated that rights were insecure under the proposed Constitution. They considered the proponents’ arguments to be ingenious at best: how could the Constitution be a bill of rights (an argument proposed by James Wilson and Alexander Hamilton), yet include certain rights, (Hamilton pointed to Article I, Section 9 ) and then ignore such fundamental rights as freedom of religion, freedom of the press, and trial by jury? How could one grant Congress the power of governing ( Article I, Section 8 ) and constitutional supremacy over state laws, ( Article VI ) and still argue that the Constitution is a document in which, according to Wilson, in his State House Speech , “everything which is not given, is reserved?” Thus argued the Antifederalist Brutus.

But lurking under this Antifederalist support for a traditional bill of rights to limit the reach of government were a more strident group of Antifederalists who favored amendment proposals that would alter the power and structure of the new federal government back in the direction of the Articles of Confederation . It is imperative to the unfolding of the political dimension of the Bill of Rights that the distinction between amendments to the Constitution and a bill of rights be kept distinct. The fact that, in the end, the U. S. Bill of Rights appears as 10 Amendments to the Constitution is the result of the politics of the First Congress and the shifting meaning and use of language that took place at the time of the American Founding. See, for example, the shift in the meaning of both republicanism and federalism.

Interestingly, even after the requisite nine states ratified the Constitution, Mason and Gerry became more and more interested in amendments that altered the structure and powers of the new government and less and less interested in limiting its reach by means of a bill of rights. Once the Constitution was ratified, Madison in the First Congress occupied the position formerly held by Mason and Gerry at the Philadelphia Convention.

Constitutional Convention and the Early Federalist/Antifederalist Exchange (September 1787 to December 1787)

• Edmund Randolph’s Objections (September 10, 1787) Edmund Randolph lists twelve objections he had to signing the Constitution. He would, however, sign with the understanding that “another general Convention” would be called “with full power to adopt or reject the alterations proposed by the State Conventions.”
• George Mason’s Call for a Bill of Rights (September 12, 1787) The Committee of Style Report was presented on September 10. On September 12, George Mason supported by Elbridge Gerry moved that a committee be created to prepare a prefatory Bill of Rights modeled on “the state declarations.”
• George Mason’s Objections to the Constitution (September 13, 1787) The first of George Mason’s ten objections to the Constitution begins: “There is no declaration of rights.” In particular, “there is no declaration of any kind for preserving liberty of the press, the trial by jury in civil cases, nor against the danger of standing armies in times of peace.” Mason’s position is that a federal bill of rights is both imperative and valuable. He was concerned that Congress may abuse the supremacy clause and the necessary and proper clause. The supremacy clause makes federal laws “paramount to the laws and constitutions of the several states.” Thus, “the declaration of rights, in the separate states, are of no security.” The necessary and proper clause enables Congress to “grant monopolies in trade and commerce, constitute new crimes, inflict unusual and sever punishments, and extend their power as far as they should think proper.”
• State House Speech by James Wilson (October 6, 1787) James Wilson’s “State House” speech was the first official defense of the Constitution and responds directly to the objections George Mason had expressed during the last month of the Convention. It was published in the Pennsylvania Herald and widely distributed as “an authoritative explanation” of the Constitution. Wilson argued that at the state level, a bill of rights is necessary and salutory because “everything which is not reserved, is given,” but “superfluous and absurd” at the federal level because “everything which is not given, is reserved.” Wilson’s theory of “distinction” was invoked by both supporters and opponents.
• Letter from Richard Henry Lee to Edmund Randolph (October 16, 1787) This letter from Lee to Randolph contains a list of proposed amendments. Lee originally presented them in one continuous paragraph; to assist the reader, we have broken the paragraph down into fourteen thematic divisions. Lee reiterates Mason’s claim that a bill of rights is necessary and proper and articulates the traditional argument that a bill of rights is needed to protect the people from the tyranny of the few in power.
• Elbridge Gerry’s Objections to the Constitution (October 18, 1787) The Antifederalist Elbridge Gerry submits to the Massachusetts Legislature his principal reasons for not signing the Constitution on September 17, 1787, stating “…there is no adequate provision for a representation of the people; that they have no security for the right of election; that some of the powers of the Legislature are ambiguous, and others indefinite and dangerous, that the Executive is blended with and will have an undue influence over the Legislature; that the judicial department will be oppressive; that treaties of the highest importance may be formed by the President with the advice of two thirds of a quorum of the Senate; and that the system is without the security of a bill of rights.” He urges that the plan be amended before being adopted.
• Brutus II Essay (November 1, 1787) In the second of sixteen essays that he published in the New York Journal , the prominent New York Antifederalist, Brutus, concurs with the arguments of Mason and Lee. There was no doubt in his mind that the new plan of government – separation of powers, bicameralism, and federalism to the contrary notwithstanding – concentrated power in the hands of the few. There is also remarkable uniformity, says Brutus, to the specific individual rights that need protection: right of conscience, freedom of the press, freedom of association, no unreasonable searches and seizures, trial by jury in civil cases, and no cruel and unusual punishment.
• Federalist No. 10 (November 22, 1787) Madison argued that the best security for individual rights is the promotion of an extensive system of opposite and rival interests that, in turn, are filtered into the institutions of government by means of a scheme of representation.
• The Dissent of the Minority of the Convention of Pennsylvania (December 18, 1787) Even though Pennsylvania voted to ratify the Constitution, the Report issued by the twenty-three Pennsylvania opponents had a considerable impact on the subsequent campaign. The Report proposed two different kinds of amendments. On the one hand, the minority called for amendments that would re-establish the principles of the Articles of Confederation. These were unfriendly to the Constitution. On the other hand, they proposed that a declaration of rights be annexed into the Constitution. What became the first, fourth, fifth, sixth, seventh, and eighth amendments to the Constitution were included in their list.

Proposing a Bill of Rights and Later Ratification (January 1788 to July 1788)

• Federalist No. 37 (January 11, 1788) This is the first of 15 essays by Madison on the “great difficulties” facing the Founders in Philadelphia. Madison informs his readers that “a faultless plan was not to be expected.” He reminds his readers that “experience has instructed us that no skill in the science of government has yet been able to discriminate and define with sufficient certainty, its three great provinces: –the legislative, executive, and judiciary.”
• Federalist No. 51 (February 6, 1788) This is the last of 15 essays by Madison on the “great difficulties” facing the Founders in Philadelphia. Madison argues that “in a free government the security for civil rights must be the same as that for religious rights. It consists in the one case in the multiplicity of interests, and in the other in the multiplicity of sects.” Madison’s larger argument is that, although difficult, government must be structured so that each branch can check and balance each other thus securing political freedom.
• Amendments Proposed during the Massachusetts Ratifying Convention (February 6, 1788)
• Amendments Proposed during the South Carolina Ratifying Convention (May 23, 1788)
• Amendments Proposed during the New Hampshire Ratifying Convention (June 21, 1788)
• Bill of Rights and Amendments Proposed during the Virginia Ratifying Convention (June 25, 1788)
• Federalist No. 84 (July 16, 1788) Another distinction to which Federalists appealed was the difference between a monarchy and a republic. In Federalist No. 84, Alexander Hamilton remarks that “bills of rights are, in their origin, stipulations between kings and their subjects, abridgements of prerogative in favor of privilege, reservations of rights not surrendered to the prince.” Federalist 84 was the first to deal directly with the Bill of Rights controversy.
• Bill of Rights and Amendments Proposed during the New York Ratifying Convention (July 26, 1788)
• The Madison-Jefferson Exchange on Ratification and the Bill of Rights Part 1, (December 1787 through July 1788) The correspondence between Madison in the United States and Jefferson in Paris is a critical part of the story of the adoption of the Bill of Rights. Madison summarized the political problem that was to be solved by the Constitution: “To prevent instability and injustice in the legislation of the States.” What Madison was able to achieve, he explained, was the creation of an extended republic that would secure the civil and religious rights of individuals from the danger of majority faction. Jefferson responded favorably, but was troubled by James Wilson’s argument that a bill of rights was unnecessary. He reminded Madison that “a bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inference.”

Receive resources and noteworthy updates.

Home — Essay Samples — Law, Crime & Punishment — Bill Of Rights — Why Is the Bill of Rights Important Today

Why is The Bill of Rights Important Today

• Categories: Bill Of Rights First Amendment

About this sample

Words: 571 |

Published: Sep 1, 2023

Words: 571 | Page: 1 | 3 min read

Table of contents

Safeguarding individual liberties, promoting justice and equality, maintaining a balance of power, in conclusion.

Cite this Essay

To export a reference to this article please select a referencing style below:

Let us write you an essay from scratch

• 450+ experts on 30 subjects ready to help
• Custom essay delivered in as few as 3 hours

Get high-quality help

Dr Jacklynne

Verified writer

• Expert in: Law, Crime & Punishment

+ 120 experts online

By clicking “Check Writers’ Offers”, you agree to our terms of service and privacy policy . We’ll occasionally send you promo and account related email

No need to pay just yet!

Related Essays

1 pages / 372 words

1 pages / 645 words

1 pages / 557 words

1 pages / 461 words

Remember! This is just a sample.

You can get your custom paper by one of our expert writers.

121 writers online

Still can’t find what you need?

Browse our vast selection of original essay samples, each expertly formatted and styled

Related Essays on Bill Of Rights

As a college student, it is vital to understand and appreciate the historical and contemporary significance of the Bill of Rights. The ten amendments that make up the Bill of Rights are a cornerstone of American democracy, [...]

Historical Context: Examine the historical circumstances and political contexts in which the Magna Carta and the Bill of Rights were created and their impact on their respective societies. Key Principles: [...]

The First Amendment, Amendment I, to the United States Constitution prevents Congress from making any law respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, [...]

“No fundamental social change occurs merely because of government acts. It's because of civil society that the conscience of a country, begins to rise up and demand - demand - demand change.” Joe Biden. According to UN, [...]

The first amendment is a staple in the ideals of freedom in American society. It can be supposed that the first amendment supports the idea of separation of church and state because it protects people from any coerced religious [...]

The American Civil Liberties Union, or ACLU, first arose following World War I. World War I had created a communist fear that swept across the United States. This was known as the Red Scare. As a result, legislators, [...]

Related Topics

By clicking “Send”, you agree to our Terms of service and Privacy statement . We will occasionally send you account related emails.

Where do you want us to send this sample?

By clicking “Continue”, you agree to our terms of service and privacy policy.

Be careful. This essay is not unique

This essay was donated by a student and is likely to have been used and submitted before

Download this Sample

Free samples may contain mistakes and not unique parts

Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper.

Please check your inbox.

We can write you a custom essay that will follow your exact instructions and meet the deadlines. Let's fix your grades together!

Get Your Personalized Essay in 3 Hours or Less!

We use cookies to personalyze your web-site experience. By continuing we’ll assume you board with our cookie policy .

• Instructions Followed To The Letter
• Deadlines Met At Every Stage
• Unique And Plagiarism Free

• History Classics
• Your Profile
• Find History on Facebook (Opens in a new window)
• Find History on Twitter (Opens in a new window)
• Find History on YouTube (Opens in a new window)
• Find History on Instagram (Opens in a new window)
• Find History on TikTok (Opens in a new window)
• This Day In History
• History Podcasts
• History Vault

Bill of Rights

By: History.com Editors

Updated: July 28, 2023 | Original: October 27, 2009

After the Declaration of Independence in 1776, the Founding Fathers turned to the composition of the states’ and then the federal Constitution. Although a Bill of Rights to protect the citizens was not initially deemed important, the Constitution’s supporters realized it was crucial to achieving ratification. Thanks largely to the efforts of James Madison , the Bill of Rights—the first ten amendments to the U.S. Constitution —were ratified on December 15, 1791.

Influence of Magna Carta

The roots of the Bill of Rights lie deep in Anglo-American history. In 1215 England’s King John, under pressure from rebellious barons, put his seal to Magna Carta , which protected subjects against royal abuses of power. Among Magna Carta’s more important provisions are its requirement that proceedings and prosecutions be according to “the law of the land”–the forerunner of “due process of law”–and a ban on the sale, denial, or delay of justice.

In response to arbitrary actions of Charles I, Parliament in 1628 adopted the Petition of Right, condemning unlawful imprisonments and also providing that there should be no tax “without common consent of parliament.” In 1689, capping the Glorious Revolution (which placed William and Mary on the throne), Parliament adopted the Bill of Rights. Not only does its name anticipate the American document of a century later, the English Bill of Rights anticipates some of the American bill’s specific provisions—for example, the Eighth Amendment’s ban on excessive bail and fines and on cruel and unusual punishment.

The idea of written documents protecting individual liberties took early root in England’s American colonies. Colonial charters (such as the 1606 Charter for Virginia ) declared that those who migrated to the New World should enjoy the same “privileges, franchises, and immunities” as if they lived in England. In the years leading up to the break with the mother country (especially after the Stamp Act of 1765), Americans wrote tracts and adopted resolutions resting their claim of rights on Magna Carta, on the colonial charters, and on the teachings of natural law.

Constitutional Convention

Once independence had been declared in 1776, the American states turned immediately to the writing of state constitutions and state bills of rights. In Williamsburg, George Mason was the principal architect of Virginia 's Declaration of Rights. That document, which wove Lockean notions of natural rights with concrete protections against specific abuses, was the model for bills of rights in other states and, ultimately, for the federal Bill of Rights. (Mason’s declaration was also influential in the framing , in 1789, of France’s Declaration of Rights of Man and the Citizen).

In 1787, at the Constitutional Convention in Philadelphia, Mason remarked that he “wished the plan had been prefaced by a Bill of Rights.” Elbridge Gerry moved for the appointment of a committee to prepare such a bill, but the delegates, without debate, defeated the motion. They did not oppose the principle of a bill of rights; they simply thought it unnecessary, in light of the theory that the new federal government would be one of enumerated powers only. Some of the Framers were also skeptical of the utility of what James Madison called “parchment barriers” against majorities; they looked, for protection, to structural arrangements such as separation of powers and checks and balances .

Opponents of ratification quickly seized upon the absence of a bill of rights and Federalists, especially Madison, soon realized that they must offer to add amendments to the Constitution after its ratification. Only by making such a pledge were the Constitution’s supporters able to achieve ratification in such closely divided states as New York and Virginia.

James Madison Drafts Amendments

In the First Congress, Madison undertook to fulfill his promise. Carefully sifting amendments from proposals made in the state ratifying conventions, Madison steered his project through the shoals of indifference on the part of some members (who thought the House had more important work to do) and outright hostility on the part of others (Antifederalists who hoped for a second convention to hobble the powers of the federal government). In September 1789 the House and Senate accepted a conference report laying out the language of proposed amendments to the Constitution.

Within six months of the time the amendments–the Bill of Rights–had been submitted to the states, nine had ratified them. Two more states were needed; Virginia’s ratification, on December 15, 1791, made the Bill of Rights part of the Constitution. (Ten amendments were ratified; two others, dealing with the number of representatives and with the compensation of senators and representatives, were not.)

On their face, it is obvious that the amendments apply to actions by the federal government, not to actions by the states. In 1833, in Barron v. Baltimore, Chief Justice John Marshall confirmed that understanding. Barron had sued the city for damage to a wharf, resting his claim on the Fifth Amendment’s requirement that private property not be taken for public use “without just compensation.” Marshall ruled that the Fifth Amendment was intended “solely as a limitation on the exercise of power by the government of the United States, and is not applicable to the legislation of the states.”

Post-Bill of Rights Amendments

The Civil War and Reconstruction brought, in their wake, the Fourteenth Amendment, which declares, among other things, that no state shall “deprive any person of life, liberty, or property, without due process of law.” In those few words lay the seed of a revolution in American constitutional law. That revolution began to take form in 1947, in Justice Hugo Black’s dissent in Adamson v. California. Reviewing the history of the Fourteenth Amendment’s adoption, Black concluded that history “conclusively demonstrates” that the amendment was meant to ensure that “no state could deprive its citizens of the privileges and protections of the Bill of Rights.”

Justice Black’s “wholesale incorporation” theory has never been adopted by the Supreme Court . During the heyday of the Warren Court, in the 1960s, however, the justices embarked on a process of “selective incorporation.” In each case, the Court asked whether a specific provision of the Bill of Rights was essential to “fundamental fairness”; if it was, then it must apply to the states as it does to the federal government. 

Through this process, nearly all the important provisions of the Bill of Rights now apply to the states. A partial list would include the First Amendment’s rights of speech, press, and religion; the Fourth Amendment’s protection against unreasonable searches and seizures; the Fifth Amendment’s privilege against self-incrimination; and the Sixth Amendment’s right to counsel, to a speedy and public trial, and to trial by jury.

The original Constitution has been amended a number of times—for example, to provide for direct election of senators and to give the vote to eighteen-year-olds . The Bill of Rights, however, has never been amended. There is, of course, sharp debate over Supreme Court interpretation of specific provisions, especially where social interests (such as the control of traffic in drugs) seem to come into tension with provisions of the Bill of Rights (such as the Fourth Amendment). Such debate notwithstanding, there is no doubt that the Bill of Rights, as symbol and substance, lies at the heart of American conceptions of individual liberty, limited government and the rule of law.

The Bill of Rights

Amendment I 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.

Amendment II 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.

Amendment III 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.

Amendment IV 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.

Amendment V 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.

Amendment VI 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.

Amendment VII 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.

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

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

Amendment X 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.

HISTORY Vault: U.S. Presidents

Stream U.S. Presidents documentaries and your favorite HISTORY series, commercial-free

Sign up for Inside History

Get HISTORY’s most fascinating stories delivered to your inbox three times a week.

By submitting your information, you agree to receive emails from HISTORY and A+E Networks. You can opt out at any time. You must be 16 years or older and a resident of the United States.

More details : Privacy Notice | Terms of Use | Contact Us

Intro.3.2 Bill of Rights (First Through Tenth Amendments)

On September 1 2, five days before the Convention adjourned, George Mason and Elbridge Gerry raised the question of adding a bill of rights to the Constitution. Mason said: It would give great quiet to the people; and with the aid of the State declarations, a bill might be prepared in a few hours. But the motion of Gerry and Mason to appoint a committee for the purpose of drafting a bill of rights was rejected. 1 " href="#ALDF_00014385"> 1 Footnote 1 4385"> 2 The Records of the Federal Convention of 1 787 , at 587–88 (Max Farrand ed., 1 937) . Again, on September 1 4, Charles Pinckney and Gerry sought to add a provision that the liberty of the Press should be inviolably observedR 1 2;. But after Roger Sherman observed that such a declaration was unnecessary, because [t]he power of Congress does not extend to the Press, this suggestion too was rejected. 2 Footnote 1 4386"> Id. at 6 1 7– 1 8 . It cannot be known accurately why the Convention opposed these suggestions. Perhaps the lateness of the Convention, perhaps the desire not to present more opportunity for controversy when the document was forwarded to the states, perhaps the belief, asserted by the defenders of the Constitution when the absence of a bill of rights became critical, that no bill was needed because Congress was delegated none of the powers which such a declaration would deny, perhaps all these contributed to the rejection. 3 Footnote 1 4387"> The argument most used by proponents of the Constitution was that inasmuch as Congress was delegated no power to do those things which a bill of rights would proscribe no bill of rights was necessary and that it might be dangerous because it would contain exceptions to powers not granted and might therefore afford a basis for claiming more than was granted. The Federalist No. 84 (Alexander Hamilton) .

In any event, the opponents of ratification soon made the absence of a bill of rights a major argument, 4 Footnote 1 4388"> Substantial excerpts from the debate in the country and in the ratifying conventions are set out in 1 The Bill of Rights: A Documentary History 435–620 (B. Schwartz ed., 1 97 1 ) ; 2 id. at 627–980 . The earlier portions of volume 1 trace the origins of the various guarantees back to the Magna Carta. and some friends of the document, such as Thomas Jefferson, 5 Footnote 1 4389"> In a letter to Madison, Jefferson indicated what he did not like about the proposed Constitution. First the omission of a bill of rights providing clearly and without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of the fact triable by the laws of the land and not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference. 1 2 The Papers of Thomas Jefferson 438, 440 (J. Boyd ed., 1 958) . He suggested that nine States should ratify and four withhold ratification until amendments adding a bill of rights were adopted. Id. at 557, 570, 583 . Jefferson still later endorsed the plan put forward by Massachusetts to ratify and propose amendments. 1 4 id. at 649 . strongly urged amendment to include a declaration of rights. 6 Footnote 1 4390"> Thus, George Washington observed in letters that a ratified Constitution could be amended but that making such amendments conditions for ratification was ill-advised. 1 1 The Writings of George Washington 249 (W. Ford ed., 1 89 1 ) . Several state conventions ratified while urging that the new Congress to be convened propose such amendments, 1 24 amendments in all being put forward by these states. 7 Footnote 1 439 1 "> 2 The Bill of Rights: A Documentary History 627–980 (B. Schwartz ed., 1 97 1 ) . See also H. Ames , The Proposed Amendments to the Constitution 1 9 ( 1 896) . Although some dispute has occurred with regard to the obligation of the first Congress to propose amendments, James Madison at least had no doubts 8 Footnote 1 4392"> Madison began as a doubter, writing Jefferson that while [m]y own opinion has always been in favor of a bill of rights, still I have never thought the omission a material defect, nor been anxious to supply it even by subsequent amendment. . . . 5 The Writings of James Madison 269 (G. Hunt ed., 1 904) . His reasons were four. ( 1 ) The Federal Government was not granted the powers to do what a bill of rights would proscribe. (2) There was reason to fear that a positive declaration of some of the most essential rights could not be obtained in the requisite latitude. I am sure that the rights of conscience in particular, if submitted to public definition would be narrowed much more than they are likely ever to be by an assumed power. (3) A greater security was afforded by the jealousy of the States of the national government. (4) [E]xperience proves the inefficacy of a bill of rights on those occasions when its controul is most needed. Repeated violations of these parchment barriers have been committed by overbearing majorities in every State. . . . Wherever the real power in a Government lies, there is the danger of oppression. In our Governments the real power lies in the majority of the Community, and the invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the government is the mere instrument of the major number of the Constituents. . . . Wherever there is a interest and power to do wrong, wrong will generally be done, and not less readily by a powerful & interested party than by a powerful and interested prince. Id. at 272–73. Jefferson’s response acknowledged the potency of Madison’s reservations and attempted to answer them, in the course of which he called Madison’s attention to an argument in favor not considered by Madison which has great weight with me, the legal check which it puts into the hands of the judiciary. This is a body, which if rendered independent, and kept strictly to their own department merits great confidence for their learning and integrity. 1 4 The Papers of Thomas Jefferson 659 (J. Boyd ed., 1 958) . Madison was to assert this point when he introduced his proposals for a bill of rights in the House of Representatives. 1 Annals of Cong. 439 (June 8, 1 789) .In any event, following ratification, Madison in his successful campaign for a seat in the House firmly endorsed the proposal of a bill of rights. [I]t is my sincere opinion that the Constitution ought to be revised, and that the first Congress meeting under it ought to prepare and recommend to the States for ratification, the most satisfactory provisions for all essential rights, particularly the rights of Conscience in the fullest latitude, the freedom of the press, trials by jury, security against general warrants & c. 5 The Writings of James Madison 3 1 9 (G. Hunt ed., 1 904) . and introduced a series of proposals, 9 Footnote 1 4393"> 1 Annals of Cong. 424–50 (June 8, 1 789) . The proposals as introduced are at pp. 433–36. The Members of the House were indisposed to moving on the proposals. which he had difficulty claiming the interest of the rest of Congress in considering. At length, the House of Representatives adopted seventeen proposals; the Senate rejected two and reduced the remainder to twelve, which were accepted by the House. 1 0" href="#ALDF_00014394"> 1 0 Footnote 1 4394"> Debate in the House began on July 2 1 , 1 789, and final passage was had on August 24, 1 789. 1 Annals of Cong. 660–779 . The Senate considered the proposals from September 2 to September 9, but no journal was kept. The final version compromised between the House and Senate was adopted September 24 and 25. See 2 The Bill of Rights: A Documentary History 983– 1 1 67 (B. Schwartz ed., 1 97 1 ) .

Consequently, the first ten amendments, which are commonly referred to as the Bill of Rights, along with one that was not ratified and one that was not ratified until 1 992, were proposed by Congress on September 25, 1 789, when they passed the Senate, having previously passed the House on September 24. 1 1 " href="#ALDF_00000115"> 1 1 Footnote 1 1 5"> 1 Annals of Cong. 88, 9 1 3 ( 1 789) They appear officially in 1 Stat. 97 ( 1 789). Ratification of the first ten amendments was completed on December 1 5, 1 79 1 , when the eleventh state (Virginia) approved these amendments, there being then fourteen states in the Union.

The several state legislatures ratified the first ten amendments to the Constitution on the following dates: New Jersey, November 20, 1 789; Maryland, December 1 9, 1 789; North Carolina, December 22, 1 789; South Carolina, January 1 9, 1 790; New Hampshire, January 25, 1 790; Delaware, January 28, 1 790; New York, February 27, 1 790; Pennsylvania, March 1 0, 1 790; Rhode Island, June 7, 1 790; Vermont, November 3, 1 79 1 ; Virginia, December 1 5, 1 79 1 . The two amendments that were not ratified prescribed the ratio of representation to population in the House, and specified that no law varying the compensation of Members of Congress should be effective until after an intervening election of Representatives. 1 2" href="#ALDF_00014395"> 1 2 Footnote 1 4395"> Herman V. Ames , The Proposed Amendments to the Constitution of the United States During the First Century of Its History 1 84, 1 85 ( 1 896) . The first was ratified by ten states (one short of the requisite number) and the second, by six states; subsequently, this second proposal was taken up by the states in the period 1 980R 1 1 ; 1 992 and was proclaimed as ratified as of May 7, 1 992. Connecticut, Georgia, and Massachusetts ratified the first ten amendments in 1 939.

• 1 4385"> 1 4385"> 1 "> &# 1 60; Jump to essay- 1 2 The Records of the Federal Convention of 1 787 , at 587R 1 1 ;88 (Max Farrand ed., 1 937) .
• 1 4386"> 1 4386"> &# 1 60; Jump to essay-2 Id. at 6 1 7R 1 1 ; 1 8 .
• 1 4387"> 1 4387"> &# 1 60; Jump to essay-3 The argument most used by proponents of the Constitution was that inasmuch as Congress was delegated no power to do those things which a bill of rights would proscribe no bill of rights was necessary and that it might be dangerous because it would contain exceptions to powers not granted and might therefore afford a basis for claiming more than was granted. The Federalist No. 84 (Alexander Hamilton) .
• 1 4388"> 1 4388"> &# 1 60; Jump to essay-4 Substantial excerpts from the debate in the country and in the ratifying conventions are set out in 1 The Bill of Rights: A Documentary History 435R 1 1 ;620 (B. Schwartz ed., 1 97 1 ) ; 2 id. at 627R 1 1 ;980 . The earlier portions of volume 1 trace the origins of the various guarantees back to the Magna Carta.
• 1 4389"> 1 4389"> &# 1 60; Jump to essay-5 In a letter to Madison, Jefferson indicated what he did not like about the proposed Constitution. First the omission of a bill of rights providing clearly and without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of the fact triable by the laws of the land and not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference. 1 2 The Papers of Thomas Jefferson 438, 440 (J. Boyd ed., 1 958) . He suggested that nine States should ratify and four withhold ratification until amendments adding a bill of rights were adopted. Id. at 557, 570, 583 . Jefferson still later endorsed the plan put forward by Massachusetts to ratify and propose amendments. 1 4 id. at 649 .
• 1 4390"> 1 4390"> &# 1 60; Jump to essay-6 Thus, George Washington observed in letters that a ratified Constitution could be amended but that making such amendments conditions for ratification was ill-advised. 1 1 The Writings of George Washington 249 (W. Ford ed., 1 89 1 ) .
• 1 439 1 "> 1 439 1 "> &# 1 60; Jump to essay-7 2 The Bill of Rights: A Documentary History 627R 1 1 ;980 (B. Schwartz ed., 1 97 1 ) . See also H. Ames , The Proposed Amendments to the Constitution 1 9 ( 1 896) .

1 0px">In any event, following ratification, Madison in his successful campaign for a seat in the House firmly endorsed the proposal of a bill of rights. [I]t is my sincere opinion that the Constitution ought to be revised, and that the first Congress meeting under it ought to prepare and recommend to the States for ratification, the most satisfactory provisions for all essential rights, particularly the rights of Conscience in the fullest latitude, the freedom of the press, trials by jury, security against general warrants & c. 5 The Writings of James Madison 3 1 9 (G. Hunt ed., 1 904) .

• 1 4393"> 1 4393"> &# 1 60; Jump to essay-9 1 Annals of Cong. 424R 1 1 ;50 (June 8, 1 789) . The proposals as introduced are at pp. 433R 1 1 ;36. The Members of the House were indisposed to moving on the proposals.
• 1 4394"> 1 4394"> 1 0"> &# 1 60; Jump to essay- 1 0 Debate in the House began on July 2 1 , 1 789, and final passage was had on August 24, 1 789. 1 Annals of Cong. 660R 1 1 ;779 . The Senate considered the proposals from September 2 to September 9, but no journal was kept. The final version compromised between the House and Senate was adopted September 24 and 25. See 2 The Bill of Rights: A Documentary History 983R 1 1 ; 1 1 67 (B. Schwartz ed., 1 97 1 ) .
• 1 1 5"> 1 1 5"> 1 1 "> &# 1 60; Jump to essay- 1 1 1 Annals of Cong. 88, 9 1 3 ( 1 789)
• 1 4395"> 1 4395"> 1 2"> &# 1 60; Jump to essay- 1 2 Herman V. Ames , The Proposed Amendments to the Constitution of the United States During the First Century of Its History 1 84, 1 85 ( 1 896) .

Background Essay: The Creation of the Bill of Rights

Guiding Questions: How does the Bill of Rights protect individual liberties and limit the power of government? How is this seen in our everyday lives?

• I can identify the arguments for and against adding a bill of rights to the Constitution.
• I can explain James Madison’s role in the development and passage of the Bill of Rights.

The history of the Bill of Rights stretches back centuries before the American Founding. Many previous declarations of rights influenced the Bill of Rights. The purpose of these documents was fundamentally twofold: to protect the rights of individuals and to limit government power.

Essential Vocabulary

English Tradition

Three particularly influential declarations from England were the Magna Carta (1215), the English Petition of Right (1628), and the English Bill of Rights (1689). Each of these defined basic rights such as trial by jury, no taxation without consent, free elections, due process of law, and no cruel and unusual punishment. By doing so, the documents limited the power of the government, which was a monarchy.

The American colonists were highly influenced by the English tradition and created declarations of rights. Americans declared their rights against British oppression during the revolutionary period of the 1760s and 1770s. For example, the Stamp Act Congress of 1765 issued a Declaration of Rights and Grievances, the First Continental Congress of 1774 also proclaimed a Declaration of Rights, and the Declaration of Independence was the foundational statement on natural rights. Over the next decade, most of the states created their own bills of rights protecting individual rights and limiting government.

A Bill of Rights Is Proposed

On September 12, 1787, during the last days of the Constitutional Convention, Virginia delegate George Mason, lead author of the Virginia Declaration of Rights, rose and proposed a bill of rights, a list of rights belonging to the people that government could not violate. The delegates were wrapping up their business and worried that a long debate on a bill of rights could endanger agreement on the final document. The convention unanimously rejected Mason’s idea.

When the Constitution was sent to popular state conventions for ratification, or approval, the Anti-Federalists , who opposed the new Constitution, argued for a bill of rights to protect the liberties of the people. Several Federalists , who supported the new constitution, disagreed about the need for a bill of rights. On October 6, Pennsylvanian James Wilson stated that a bill of rights was unnecessary because the new national government was already limited in its powers by the new Constitution and had no authority to violate liberties in the first place. Therefore, a bill of rights was not necessary with a limited government controlled by the people. In Federalist No. 84 , Alexander Hamilton warned that defining certain rights would mean some were left out and endangered. He also was concerned that some rights would be vaguely written and misinterpreted. Most importantly, Hamilton argued that “the constitution is itself . . . A BILL OF RIGHTS” because of the principle of limited government. In various Federalist Papers, Madison had cautioned against the notion that rights are protected best by mere “parchment barriers,” or words written down on paper, which could be violated. Instead, Madison insisted that a properly formed constitutional government with a separation of powers offered the best protection of rights.

Madison Supports the Bill of Rights

As the debates continued, it became clear that a compromise on a bill of rights was needed to win the support of the Anti-Federalists. As a result, the Federalists promised to pass a bill of rights after the Constitution had been ratified. One Federalist, who was concerned about these additions to the Constitution, was Virginian James Madison, who called them a blemish [flaw].

Madison exchanged several letters with his friend Thomas Jefferson, who was a diplomat in Paris at the time. Jefferson thought the Constitution should contain a bill of rights because “a bill of rights is what the people are entitled to against every government on earth.” Madison explained that such declarations were often just “parchment barriers” that would not stop a government bent on violating them. However, he began to change his mind.

After being elected to the House of Representatives, Madison ironically became the champion for a bill of rights in the First Congress, but most other members were opposed. They thought the Congress had more important work to do setting up the new government. Madison persisted and dedicated himself to the cause of protecting the people’s liberties.

On June 8, 1789, Madison delivered a speech in favor of a bill of rights. He wanted to achieve a united political order with harmony and justice. A bill of rights would promote the civic virtues of friendship and moderation , or self-control, because the Anti-Federalists would support the new government. In addition, he thought that the Federalists had made a sacred promise to pass a bill of rights during the ratification debate. He also wanted to win over Rhode Island and North Carolina, which were refusing to ratify the Constitution until a bill of rights was added. Most importantly, a 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 sat down to make a list of 19 amendments that protected essential liberties. He wanted them to be woven into the text of the Constitution, not just placed at the end of the document. He also wanted the Bill of Rights to limit state governments and protect liberties in states.

The Bill of Rights Is Ratified

On August 24, the House approved 17 amendments by the required two-thirds vote and sent them to the Senate for consideration. By September 14, two-thirds of the Senate approved 12 of those amendments. President Washington sent the amendments to the states, endorsing them even though the president does not have a formal role in creating amendments.

Over the next two years, 11 states, including North Carolina and Rhode Island, ratified 10 of these 12 amendments, meeting the constitutionally required three-fourths majority and establishing the Bill of Rights. Virginia became the last state to ratify on December 15, 1791. The Bill of Rights fulfilled Madison’s goals of reconciling opponents of the Constitution and protecting individual liberties. However, he did not achieve two of his goals. The Bill of Rights applied only to the federal government, not to the states. And the Bill of Rights was a separate list of amendments, not woven into the text of the Constitution. Regardless, the amendments were successful in limiting government action and protecting the people’s rights.

The Bill of Rights became recognized as one of the most important guarantees of rights and liberties. Americans have increasingly appealed to the Bill of Rights as the source of their rights. This fulfills one of the Anti-Federalists’ desires regarding of a bill of rights: that it would help educate the people about their rights. However, people should remember that the Bill of Rights is not the only protection for their rights. The Declaration of Independence is an assertion of the natural rights of every individual, which come from a higher source than government. Moreover, the Constitution itself limits government through several principles, such as federalism and the separation of powers. These principles also serve to protect individual rights.

Related Content

Essay Questions: The Creation of the Bill of Rights

Breaking Down the Bill of Rights Graphic Organizer

The Creation of the Bill of Rights

How does the Bill of Rights protect individual liberties and limit the power of government? How is this seen in our everyday lives?

Answer Key: The Creation of the Bill of Rights

• History & Society
• Science & Tech
• Biographies
• Animals & Nature
• Geography & Travel
• Arts & Culture
• Games & Quizzes
• On This Day
• One Good Fact
• New Articles
• Lifestyles & Social Issues
• Philosophy & Religion
• Politics, Law & Government
• World History
• Health & Medicine
• Browse Biographies
• Birds, Reptiles & Other Vertebrates
• Bugs, Mollusks & Other Invertebrates
• Environment
• Fossils & Geologic Time
• Entertainment & Pop Culture
• Sports & Recreation
• Visual Arts
• Demystified
• Image Galleries
• Infographics
• Top Questions
• Britannica Kids
• Saving Earth
• Space Next 50
• Student Center

Why was the Bill of Rights added?

How was the bill of rights added to the u.s. constitution, does the bill of rights apply to the states.

• Does the Second Amendment allow owning guns for self-defense?
• Which U.S. Supreme Court justices think the Second Amendment recognizes the individual’s right to bear arms in self-defense?

Bill of Rights

Our editors will review what you’ve submitted and determine whether to revise the article.

• U.S. History - The Bill of Rights
• Online Library of Liberty - 1791: US Bill of Rights (1st 10 Amendments) - with commentary
• UShistory.org - Historic Documents - Bill of Rights and Later Amendments
• Cornell University Law School - Legal Information Institute - Bill of Rights
• Khan Academy - The Bill of Rights
• Bill of Rights Institute - Bill of Rights of the United States of America (1791)
• The Free Speech Center - Bill of Rights
• Social Science LibreTexts - The Bill of Rights
• National Archives - Bill of Rights

What is the Bill of Rights?

The Bill of Rights is the first 10 amendments to the U.S. Constitution , adopted as a single unit in 1791. It spells out the rights of the people of the United States in relation to their government.

Three delegates to the Constitutional Convention , most prominently George Mason , did not sign the U.S. Constitution largely because it lacked a bill of rights. He was among those arguing against ratification of the document because of that omission, and several states ratified it only on the understanding that a bill of rights would be quickly added.

James Madison drew on the Magna Carta , the English Bill of Rights , and Virginia ’s Declaration of Rights , mainly written by George Mason , in drafting 19 amendments, which he submitted to the U.S. House of Representatives on June 8, 1789. The House approved 17 of them and sent it to the U.S. Senate , which approved 12 of them on September 25. Ten were ratified by the states and became law on December 15, 1791.

How does the Bill of Rights protect individual rights?

The Bill of Rights says that the government cannot establish a particular religion and may not prohibit people or newspapers from expressing themselves. It also sets strict limits on the lengths that government may go to in enforcing laws . Finally, it protects unenumerated rights of the people.

Originally, the Bill of Rights applied only to the federal government. (One of the amendments that the U.S. Senate rejected would have applied those rights to state laws as well.) However, the Fourteenth Amendment (1868) did forbid states to abridge the rights of any citizen without due process, and, beginning in the 20th century, the U.S. Supreme Court gradually applied most of the guarantees of the Bill of Rights to state governments as well.

Recent News

Bill of Rights , in the United States , the first 10 amendments to the U.S. Constitution , which were adopted as a single unit on December 15, 1791, and which constitute a collection of mutually reinforcing guarantees of individual rights and of limitations on federal and state governments.

The Bill of Rights derives from the Magna Carta (1215), the English Bill of Rights (1689), the colonial struggle against king and Parliament , and a gradually broadening concept of equality among the American people. Virginia’s 1776 Declaration of Rights, drafted chiefly by George Mason , was a notable forerunner. Besides being axioms of government, the guarantees in the Bill of Rights have binding legal force. Acts of Congress in conflict with them may be voided by the U.S. Supreme Court when the question of the constitutionality of such acts arises in litigation ( see judicial review ).

The Constitution in its main body forbids suspension of the writ of habeas corpus except in cases of rebellion or invasion (Article I, section 9); prohibits state or federal bills of attainder and ex post facto laws (I, 9, 10); requires that all crimes against the United States be tried by jury in the state where committed (III, 2); limits the definition, trial, and punishment of treason (III, 3); prohibits titles of nobility (I, 9) and religious tests for officeholding (VI); guarantees a republican form of government in every state (IV, 4); and assures each citizen the privileges and immunities of the citizens of the several states (IV, 2).

Popular dissatisfaction with the limited guarantees of the main body of the Constitution expressed in the state conventions called to ratify it led to demands and promises that the first Congress of the United States satisfied by submitting to the states 12 amendments. Ten were ratified. (The second of the 12 amendments, which required any change to the rate of compensation for congressional members to take effect only after the subsequent election in the House of Representatives , was ratified as the Twenty-seventh Amendment in 1992.) Individual states being subject to their own bills of rights, these amendments were limited to restraining the federal government. The Senate refused to submit James Madison ’s amendment (approved by the House of Representatives) protecting religious liberty, freedom of the press, and trial by jury against violation by the states.

Under the First Amendment , Congress can make no law respecting an establishment of religion or prohibiting its free exercise, or abridging freedom of speech or press or the right to assemble and petition for redress of grievances. Hostility to standing armies found expression in the Second Amendment ’s guarantee of the people’s right to bear arms and in the Third Amendment ’s prohibition of the involuntary quartering of soldiers in private houses.

The Fourth Amendment secures the people against unreasonable searches and seizures and forbids the issuance of warrants except upon probable cause and directed to specific persons and places. The Fifth Amendment requires grand jury indictment in prosecutions for major crimes and prohibits double jeopardy for a single offense. It provides that no person shall be compelled to testify against himself and forbids the taking of life, liberty, or property without due process of law and the taking of private property for public use ( eminent domain ) without just compensation . By the Sixth Amendment , an accused person is to have a speedy public trial by jury, to be informed of the nature of the accusation, to be confronted with prosecution witnesses, and to have the assistance of counsel . The Seventh Amendment formally established the right to trial by jury in civil cases. Excessive bail or fines and cruel and unusual punishment are forbidden by the Eighth Amendment . The Ninth Amendment protects unenumerated residual rights of the people, and, by the Tenth , powers not delegated to the United States are reserved to the states or the people.

After the American Civil War (1861–65), slavery was abolished by the Thirteenth Amendment , and the Fourteenth Amendment (1868) declared that all persons born or naturalized in the United States and subject to its jurisdiction are citizens thereof. It forbids the states to abridge the privileges or immunities of citizens of the United States or to deprive any person of life, liberty, or property without due process of law. Beginning in the early 20th century, the Supreme Court used the due process clause to gradually incorporate, or apply against the states, most of the guarantees contained in the Bill of Rights, which formerly had been understood to apply only against the federal government. Thus, the due process clause finally made effective the major portion of Madison’s unaccepted 1789 proposal.

Explore the Constitution

• The Constitution
• Read the Full Text

Dive Deeper

Constitution 101 course.

• The Drafting Table
• Supreme Court Cases Library
• Founders' Library
• Constitutional Rights: Origins & Travels

Start your constitutional learning journey

• News & Debate Overview
• Constitution Daily Blog
• America's Town Hall Programs
• Special Projects

Media Library

America’s Town Hall

Watch videos of recent programs.

• Education Overview

Constitution 101 Curriculum

• Classroom Resources by Topic
• Classroom Resources Library
• Live Online Events
• Professional Learning Opportunities
• Constitution Day Resources

Constitution 101 With Khan Academy

Explore our new course that empowers students to learn the constitution at their own pace..

• Explore the Museum
• Plan Your Visit
• Exhibits & Programs
• Field Trips & Group Visits
• Host Your Event
• Buy Tickets

New exhibit

The first amendment, module 5: the bill of rights.

Shortly after the ratification of the U.S. Constitution, the Founding generation added the Bill of Rights—the Constitution’s first 10 amendments. These amendments guarantee many of our most cherished liberties, including the freedom of religion, the freedom of speech, the right to keep and bear arms, and the right to a jury trial. After the Constitutional Convention, the absence of a bill of rights emerged as a key part of the debates over ratification. Anti-Federalists—those who opposed the Constitution —pointed to the missing bill of rights as a fatal flaw in the new document. Several states ratified the Constitution with an understanding that amendments would be promptly added by the new government. This module will explore the origins of the Bill of Rights, explain its importance to the debate over the ratification of the U.S. Constitution, and walk through the specific rights enshrined in each of the first 10 amendments.

Download all materials for this module as a PDF

Learning Objectifies

• Define the Bill of Rights and explain why the Founding generation added it to the Constitution.
• Identify the factors influencing the Founding generation’s move to add a bill of rights to the new Constitution.
• Describe the rights enshrined in the Bill of Rights.
• Describe the role that the battle over ratification (and the views of the Anti-Federalists) played in creating a Bill of Rights.
• Describe how the 14th Amendment and later Supreme Court decisions transformed the Bill of Rights through the process of incorporation.

5.1 Activity: Dissenters at the Constitutional Convention

• Student Instructions
• Teacher Notes

Purpose Despite Benjamin Franklin’s closing speech calling for all delegates to unite in signing the new Constitution, the dissenters refused to sign it on September 17, 1787—the final day of the Constitutional Convention. They worried that the delegates had created a new national government with too much power. As part of this decision, they criticized the delegates for leaving out a bill of rights. This act of dissent was central to the later framing and ratification of the Bill of Rights. Think back to our earlier discussions about the Constitutional Convention in light of these objections. Do you think that you would have joined George Mason, Elbridge Gerry, and Edmund Randolph in dissenting?

Process Think about the significance of the U.S. Constitution. Share the first idea or part of the Constitution that comes to mind.

Then, look at the Visual Info Brief: Three Delegates image of three delegates to the Constitutional Convention taken at the National Constitution Center’s Signers’ Hall Exhibit.

Answer the following questions and be prepared to engage in a classroom discussion:

• How would you describe the delegates’ postures and stances?
• What do you think their body language indicates about what they’re thinking and feeling? 
• Why do you think they may feel this way at the end of the Constitutional Convention? 
• These are statues of George Mason, Elbridge Gerry, and Edmund Randolph. Today, we refer to them as the “Dissenters.” What does dissent mean to you?

Share the Visual Info Brief: Three Delegates image of three delegates to the Constitutional Convention taken at the National Constitution Center’s Signers’ Hall Exhibit. 

Record student thoughts about the Constitution on the board. After a few minutes, recognize how many ideas, concepts, or rights are found in the Bill of Rights.

Ask students if they recognize these delegates (George Mason, Elbridge Gerry, and Edmund Randolph). If not, review delegate information in the  Info Brief: Meet the Dissenters document. Share with the class and emphasize that these delegates are known as the “Dissenters.” Give some information about who they were, what states they represented, and their views of the Constitution. 

Activity Synthesis Quickly show the students the listing of rights in the Bill of Rights (short form ideas listing). Ask the students the following questions:

• Do you agree or disagree with the Dissenters’ critique of the Constitution—that it should have included a bill of rights?
• Why do you think that the delegates left a bill of rights out of the Constitution? 
• Following Primary Source: Dissenters at the Constitutional Convention at the Convention, would you have joined the Dissenters? Would you have refused to sign the Constitution? Why, or why not?

Activity Extension (optional) Have students choose one of the Dissenters and learn more about him. Ask students to reflect on another moment when dissent has played an important role in American history, or in their own life.

5.1 Visual Info Brief: Three Delegates

5.1 info brief: meet the dissenters, 5.1 primary source: dissenters at the constitutional convention, 5.2 video activity: the bill of rights.

Purpose The First Congress formally approved the Bill of Rights on September 25, 1789, and sent it to the states for ratification. On December 15, 1791—so, over two years later—the first 10 amendments to the Constitution were ratified. In this activity, you will learn about the rights guaranteed by the Bill of Rights and the story behind its creation, including the key role played by the Dissenters at the Constitutional Convention. 

Process Watch the following video about the Bill of Rights.

Then, complete the Video Reflection: The Bill of Rights worksheet.

Identify any areas that are unclear to you or where you would like further explanation. Be prepared to discuss your answers in a group and to ask your teacher any remaining questions.

Launch Give students time to watch the video and answer the questions. 

Activity Synthesis Have students share their responses in small groups and then discuss as a class.

Activity Extension (optional) Now that students have a better understanding of the Bill of Rights, ask the following question:

• What important historical events are needed to better understand the amendments in the Bill of Rights?

5.2 Video Reflection: The Bill of Rights

5.3 activity: the origin of the bill of rights.

Purpose Before there was a national bill of rights, some of the states had drafted their own declarations of rights. In this activity, you will examine one of the most influential documents in the Founding era– the Virginia Declaration of Rights. Through studying the core rights enshrined in this historic document, you will highlight the similarities and differences between the Virginia Declaration of Rights and the Bill of Rights. 

Process Read the following documents:

• Info Brief: Key Anti-Federalists
• Primary Source and Activity Guide: Virginia Declaration of Rights and the Bill of Rights 

Identify similarities and differences between the content of the documents.

Record the progression of ideas in the Primary Source and Activity Guide: Virginia Declaration of Rights and the Bill of Rights worksheet.

Launch The goal is for the students to examine the Virginia Declaration of Rights and the core rights it protected and how these ideas manifested in the Bill of Rights. Ask students what is similar about the Virginia Declaration of Rights and the Bill of Rights and what is different between the two documents. Students can match up the text in the Virginia Declaration of Rights with the Bill of Rights and build a flashcard view (physically or digitally) of the Bill of Rights. One side is labeled “How it started” (Virginia Declaration of Rights) and the other side is “How it’s going” (Bill of Rights).

The Primary Source and Activity Guide: Virginia Declaration of Rights and the Bill of Rights worksheet will allow students to move sections of the Virginia Declaration of Rights to align with the Bill of Rights. Students can also find key sources from the Writing Rights interactive to add to the document.

Activity Synthesis As a summary activity, play a game with students by reading a section of the Virginia Declaration of Rights out loud. Then have students  buzz in to see who is first to answer the correct amendment connection in the Bill of Rights. 

Activity Extension (optional) Now that students have a better understanding of the origins of the Bill of Rights, encourage them to explore the Writing Rights interactive to examine other sources influencing the framing of the Bill of Rights. Ask them to choose another state’s bill of rights and use the Writing Rights Interactive to analyze its connection to the Bill of Rights in the U.S. Constitution.  

5.3 Info Brief: The Anti-Federalists

5.3 primary source and activity guide: virginia declaration of rights and the bill of rights, 5.4 activity: madison’s reluctance to add a bill of rights.

Purpose This activity aims to help students understand a surprising fact: The framers did not include a bill of rights in the original Constitution. Furthermore, some key founders even argued that a bill of rights was unnecessary and, possibly, dangerous. This activity will re-introduce students to two key founders, James Madison and James Wilson, and explore their critique of a federal bill of rights. 

Process In your group, brainstorm reasons why the delegates to the Constitutional Convention might have left out a bill of rights. 

Then, brainstorm reasons why members of the Founding generation may have believed that it was not necessary to include the Bill of Rights in the Constitution. Why could it have been dangerous?

Read the three documents below and list key arguments for and against adding a bill of rights. Date each argument to show the transition from opposition to support.

• Primary Source: State House Yard Speech by Wilson
• Primary Source: Thomas Jefferson and James Madison, Correspondence on a Bill of Rights (1787-89) 
• Primary Source: James Madison’s Speech in Support of Amendments (1789) (where he introduces his draft of the Bill of Rights to the House of Representatives)

Launch Review the delegates that were at the Constitutional Convention, especially James Madison and James Wilson. Assign students to groups to complete the activity.

Activity Synthesis Ask the following questions and follow up as necessary on students’ findings:

• What were James Wilson’s key arguments against a bill of rights?
• Why was Madison reluctant to include a bill of rights at the outset? 
• What were Jefferson’s responses to Madison’s arguments? What counter arguments might he have found persuasive?
• What arguments did Madison give to Congress for eventually adopting a bill of rights?

Activity Extension (optional) Encourage students to reference their ratification timeline from Module 4 and look for any turning point connections.

Inform students that following the pivotal Massachusetts ratification convention, many leading Federalists compromised with their opponents and agreed to add new amendments to the Constitution once it was ratified. This cleared the way for the Bill of Rights. Madison was influenced by his friend, Thomas Jefferson, who was serving America in Paris and who strongly supported a bill of rights.

5.4 Primary Source: State House Yard Speech by Wilson

5.4 primary source: thomas jefferson and james madison, correspondence on a bill of rights (1787-89), 5.4 primary source: james madison’s speech in support of amendments (1789), 5.5 activity: big ideas of the bill of rights.

Purpose In this activity, you will explore the big ideas for each of the 10 amendments in the Bill of Rights. 

Process Read the text of your assigned amendment and complete the task in the Activity Guide: Big Ideas of the Bill of Rights document. 

Launch Assign each student/group one of the first 10 amendments to the Constitution.

Students are encouraged to research information on the National Constitution Center website—especially the Interactive Constitution Common Interpretation essay on their assigned amendment. 

Activity Synthesis Have students/groups share their big ideas and visual representation with the class. This may be shared digitally or image collages may be added around the room for a gallery or story walk.

Activity Extension (optional) Now that students have a better understanding of one of the amendments in the Bill of Rights, ask them to read about the Matters of Debate essays for that amendment on The Constitution webpage.

5.5 Activity Guide: Big Ideas of the Bill of Rights

5.6 summary activity: incorporation.

Purpose As ratified, the Bill of Rights only applied to abuses by the national government—not the states. However, following the ratification of the 14th Amendment and later decisions by the Supreme Court, the Bill of Rights became a charter of national freedom—applying key Bill of Rights protections (like free speech and religious liberty) to abuses by all levels of government: national, state, and local. This process is known as incorporation. Today, virtually all of the key protections enshrined in the Bill of Rights apply with equal vigor against all levels of government.

In this activity, you will explore the relationship between the Bill of Rights and the 14th Amendment and study the process of incorporation.

Process Read and interpret the language from Section 1 of the 14th Amendment then review the Info Brief: Incorporation . 

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.”

Then, read and take notes on the following essays:

• Activity Guide: Incorporation Essay by Akhil Amar and Note Catcher 
• Activity Guide: Due Process Clause Essay by Nathan S. Chapman and Kenji Yoshino and Note Catcher
• Activity Guide: Due Process Clause Essay by Chapman and Yoshino and Note Catcher

After you have finished reading these essays, identify the relationship between the Bill of Rights and the 14th Amendment. Describe how the 14th Amendment transformed the Bill of Rights.

Record your answers and be prepared to engage in classroom discussion.

Launch Ask the class to list the most important Supreme Court cases of the last century. Take the list and circle each one that is a 14th Amendment case.  

If students are having trouble naming cases, read from the Supreme Court case list and see if they recognize any names. 

• Reynolds v. United States (1879)
• Schenck v. United States (1919)
• Gitlow v. New York (1925)
• Olmstead v. United States (1928)
• West Virginia Board of Education v. Barnette (1943)
• McDonald v. City of Chicago (2010)
• Cantwell v. Connecticut (1940)
• DeJonge v. Oregon (1937)
• Mapp v. Ohio (1961)
• Gideon v. Wainwright (1963)
• Miranda v. Arizona (1966)
• Katz v. United States (1967)
• Terry v. Ohio (1968)
• Brandenburg v. Ohio (1969)
• New York Times Co. v. United States (The Pentagon Papers Case)
• Wisconsin v. Yoder (1972)
• Texas v. Johnson (1989)
• Carpenter v. United States (2018)
• Timbs v. Indiana (2019)
• Ramos v. Louisiana (2020)

Activity Synthesis Choose 2-3 cases to review as a group and ask if these cases involve the 14th Amendment or are solely about the Bill of Rights. Are these cases about the national government infringing on people’s fundamental rights found in the Bill of Rights or are they cases where the states are infringing on people’s rights? 

5.6 Info Brief: Incorporation

5.6 activity guide: incorporation essay by akhil amar and note catcher, 5.6 activity guide: due process clause essay by nathan s. chapman and kenji yoshino and note catcher, 5.6 activity guide: privileges or immunities clause essay by akhil amar and john c. harrison and note catcher, 5.7 test your knowledge.

Congratulations for completing the activities in this module! Now it’s time to apply what you have learned about the basic ideas and concepts covered.

Complete the questions in the following quiz to test your knowledge.

This activity will help students determine their overall understanding of module concepts. It is recommended that questions are completed electronically so immediate feedback is provided, but a downloadable copy of the questions (with answer key) is also available.

5.7 Interactive Knowledge Check: The Bill of Rights

5.7 printable knowledge check: the bill of rights, previous module, module 4: constitutional convention and ratification, next module, module 6: separation of powers and federalism.

When crafting the Constitution, one of the central concerns of the Founding generation was how best to control government power. With the new Constitution, the Framers looked to strike an important balance—creating a new national government that was more powerful than the one that came before it while still protecting the American people’s most cherished liberties. They settled on a national government with defined but limited powers. Instead of placing authority in the hands of a single person (like a king), a small group of people (like an aristocracy), or eve...

Go to the Next Module

More from the National Constitution Center

Constitution 101

Explore our new 15-unit core curriculum with educational videos, primary texts, and more.

Search and browse videos, podcasts, and blog posts on constitutional topics.

Founders’ Library

Discover primary texts and historical documents that span American history and have shaped the American constitutional tradition.

Modal title

Modal body text goes here.

Share with Students

93 Bill of Rights Essay Topic Ideas & Examples

🏆 best bill of rights topic ideas & essay examples, 📌 simple & easy bill of rights essay titles, 👍 good essay topics on bill of rights, ❓ bill of rights essay questions.

• Why Is the Bill of Rights Important Today Essay The bill of rights is one of the basic provisions of a given constitution and it spells out the rights and freedoms of all the citizens of a given nation.
• Patient Bill of Rights: Policy Analysis The patient is provided with rights and responsibilities so that they are not misled by the doctors and thus the health plan should adopt the principles that will enable them to provide the best services […]
• The Bill of Rights: Creation and Reconstruction Living in the shadow of the second Reconstruction of the 1960s, several lawyers adhere to a custom that perceives federal authorities and state officials as the unique protectors of independent and minority rights as the […]
• The Bill of Rights and the Florida Constitution The Constitution of the state of Florida is similar to the bill of rights, yet distinct in a variety of freedoms and protections it offers.
• English Bill of Rights vs. American Declaration of Independence In a sense, the American constitution is the fruition of the struggle of the people to dispense with the monarchy and privileged aristocracy and it is the voice of an authentic Republic.
• Fundamental Rights in the Bill of Rights This paper examines the extent to which the Bill of Rights has influenced the way of life of the people of America in line with the Constitution.
• The Bill of Rights Application to the Law Enforcement System The initial version of the United States Constitution included the provisions that granted authority to the three independent branches of government: the legislative, the judicial, and the executive.
• Policing and the Bill of Rights: Supreme Court Cases Jones case, the placement of a GPS device under a suspect’s car was interpreted as a violation of the Fourth amendment by the Supreme Court. In the United States v.
• Creation of Constitution and Bill of Rights The Articles of Confederation failed to unify the nation because in this document, the empowerment of the government of the United States was utterly limited.
• The Bill of Rights, Its Origins and Historic Role Therefore, while formulating the text of the document, the legislators proceeded from the idea of natural rights and freedoms and the establishment of the limits of the state’s power in relation to a person.
• Procedural Law and the Bill of Rights Though being only parts of the grand system, the Procedural Law and the Bill of Rights create the environment in which handling the issues occurring in the legal field of the U.S.becomes a possibility.
• Should Australia Adopt a Bill of Rights? Victorian Charter of Human Rights/Responsibility Act of 2006 is important, because it addresses the following.”By drawing the nexus between policies and practices with human rights standards, the Charter becomes a powerful tool that changes the […]
• American History: A Bill of Rights and an Amendment A bill of rights outlines the rights and privileges of the citizens while an amendment aims at making changes to the existing legal provisions that govern a state or country.
• The Bill of Rights and the Anti-Federalist Concerns The Effects of the Bill of Rights Due to these facts and the essence of the Bill of Rights, it can be said that the efforts of the Anti-Federalists were not in vain.
• Thomas Jefferson and the Writing of the Bill of Rights and the US Constitution The important nature of the Declaration of Independence cannot be overstated; it was through the statement that the 13 colonies in America declared their independence from the British Empire.
• Analysis of «Bill of Rights» Through the bill of rights, an individual is assured of a number of personal freedoms, including the right to own property, the right to life, right of protection from the law, freedom of movement, freedom […]
• Bill of Rights and Individual Liberties Enemies of the constitution played down the claim that the bill of rights was not needed in the constitution since it contravened the wishes and desires of the majority in the country.
• Analysis of Case Laws Involving Business and the Bill of Rights, Torts, Administrative Agency and Contracts Ruling: The criminal court of appeals of Texas held that the evidence was sufficient in establishing that the appellant knew the content and character of the video tape and thus affirmed the conviction.
• The Bill of Rights: Principles and Elements It contains different elements like the bill of rights, the principles of constitution, federalism, as well as the judicial review. The bill of rights takes into account the crucial rights of the people of a […]
• Historical Backgrounds, Constitution, Bill of Rights and Amendments
• The Freedom for Individuals Provided and Protected by the Bill of Rights
• English Principles and Their Influence for Colonial Government: The English Bill of Rights
• Substantive Due Process, Procedural Due Process and the Bill of Rights
• Immigration and the Bill of Rights – The Fundamental Constitutional Protections
• Bill of Rights and Evolution American Government
• The Relationship Between Man and Religion Through the Bill of Rights
• Indigenous Women and the Canadian Bill of Rights
• Civil Liberties’ Protection and the U.S. Bill of Rights
• The Revolution and the Bill of Rights
• Founding Fathers and the Bill of Rights – A Brief History
• Business and the Bill of Rights – How the Constitution Protects the Civil Liberties of Business Entities
• The Bill of Rights and the Universal Declaration of Human Rights
• The Fourteenth Amendment and Bill of Rights That Changed History
• Salem Witch Trials and the Bill of Rights
• A Bill of Rights And Democracy in South Africa
• Gun Control and the Bill of Rights: The Origins of the Second Amendment and the Right to Bear Arms
• Criminal Justice: The Bill of Rights and Court Cases
• Individual Rights and Freedoms Under the Bill of Rights
• The Content and Importance of the Amendments to the United States Bill of Rights
• The History, Role and Impact of the Bill of Rights in the U.s
• The Federal Police Officers and Bill of Rights
• From the Italian Renaissance to the American Bill of Rights
• Arguments for and Against an Australian Bill of Rights
• British Bill of Rights and the Human Rights
• America and the Incorporation of the Bill of Rights
• Impartial Government and the U.S. Bill of Rights
• The American Constitution, the Bill of Rights – The Most Important Amendments
• Constitutional and Administrative Reasons Behind the Bill of Rights
• The Magna Carta, English Bill of Rights, and Philosophers
• Protecting Life, Liberty, and Property in the Bill of Rights
• Modern Day Relevance of the Bill of Rights
• The Pros and Cons of the Bill of Rights in the Way to Become a More Rights-Focused Society
• The Magna Carta and Bill of Rights: A Step Forward
• To Be Secure – The 4th Amendment and the Bill of Rights
• The Various Liberties Identified in the Bill of Rights: What Liberty Should Be Added to the Bill of Rights
• Public Opinion and the Us Bill of Rights: 1st and 2nd Amendments
• Three Most Important Documents in the History of the U.S. – The Constitution, the Bill of Rights, and the Declaration of Independence
• The United States Bill of Rights and the Texas Bill of Rights
• Law and Order: Procedural Law and the Bill of Rights
• What Is the Purpose of a Bill of Rights?
• How Did the Fourteenth Amendment and Bill of Rights Change History?
• Why Is the Passage of the Bill of Rights an Example of Compromise, Friendship, and Moderation?
• How Did the Magna Carta Influence the Bill of Rights?
• How Did the Bill of Rights Become Part of the Constitution? Were All of the Proposed Changes Accepted?
• What Was the Original Founding Understanding of the Bill of Rights?
• Why Was the Bill of Rights Added to the Constitution?
• What Rights Are Protected by the First Amendment?
• When Did the Bill of Rights Become a More Central Part of How the Constitution Is Interpreted? Why?
• Which Freedoms Are Protected by the Bill of Rights? Which Ones Do You Use Regularly or Rarely?
• How Does Citizens-Not the Government-Use the Bill of Rights to Define Their Freedoms?
• What Would Life Be Like Without a Bill of Rights?
• What Are the Strengths and Weaknesses of the Federalists’ Arguments?
• Why Did the Bill of Rights Not Strongly Affect Citizens?
• What Are the Strengths and Weaknesses of the Antifederalists’ Arguments?
• Should the Bill of Rights Be Updated? If So, What Rights Should Be Added or Amended?
• What’s an Example of a Natural Right That Is Not Referenced in the Bill of Rights?
• Why Do You Think the Founding Fathers Included the Bill of Rights?
• What Rights Are Promised to American Citizens in the Bill of Rights?
• Why Might Some of the Federalists Have Opposed the Adoption of a Bill of Rights? What Problems Might It Cause?
• What Arguments Did the Anti-federalists Make in Favor of the Bill of Rights? How Convincing Do You Find Those Arguments?
• Why Did Several States Refuse to Ratify the Constitution Without the Addition of the Bill of Rights?
• What Is the Primary Purpose of the United States Constitution and the Bill of Rights?
• How Did North Carolina Federalists and Anti-federalists View the United States Constitution in 1788?
• What Consequences Might We Face if We Are Unaware of the Bill of Rights?
• Do You Think We Would Have A Bill of Rights Without the Anti-federalists?
• How Do the Bill of Rights Affect Our Individual Lives?
• What Would Happen Without the Bill of Rights?
• Is the Bill of Rights Necessary? Why or Why Not?
• Why Should the Bill of Rights Be Added to the Constitution?
• Constitution Research Ideas
• Freedom Of Expression Questions
• American Revolution Topics
• Franklin Roosevelt Questions
• Human Rights Essay Ideas
• Freedom Topics
• Political Parties Research Ideas
• Federalism Research Ideas
• Chicago (A-D)
• Chicago (N-B)

IvyPanda. (2024, March 2). 93 Bill of Rights Essay Topic Ideas & Examples. https://ivypanda.com/essays/topic/bill-of-rights-essay-topics/

"93 Bill of Rights Essay Topic Ideas & Examples." IvyPanda , 2 Mar. 2024, ivypanda.com/essays/topic/bill-of-rights-essay-topics/.

IvyPanda . (2024) '93 Bill of Rights Essay Topic Ideas & Examples'. 2 March.

IvyPanda . 2024. "93 Bill of Rights Essay Topic Ideas & Examples." March 2, 2024. https://ivypanda.com/essays/topic/bill-of-rights-essay-topics/.

1. IvyPanda . "93 Bill of Rights Essay Topic Ideas & Examples." March 2, 2024. https://ivypanda.com/essays/topic/bill-of-rights-essay-topics/.

Bibliography

IvyPanda . "93 Bill of Rights Essay Topic Ideas & Examples." March 2, 2024. https://ivypanda.com/essays/topic/bill-of-rights-essay-topics/.

IvyPanda uses cookies and similar technologies to enhance your experience, enabling functionalities such as:

• Basic site functions
• Ensuring secure, safe transactions
• Secure account login
• Remembering account, browser, and regional preferences
• Remembering privacy and security settings
• Analyzing site traffic and usage
• Personalized search, content, and recommendations
• Displaying relevant, targeted ads on and off IvyPanda

Please refer to IvyPanda's Cookies Policy and Privacy Policy for detailed information.

Certain technologies we use are essential for critical functions such as security and site integrity, account authentication, security and privacy preferences, internal site usage and maintenance data, and ensuring the site operates correctly for browsing and transactions.

Cookies and similar technologies are used to enhance your experience by:

• Remembering general and regional preferences
• Personalizing content, search, recommendations, and offers

Some functions, such as personalized recommendations, account preferences, or localization, may not work correctly without these technologies. For more details, please refer to IvyPanda's Cookies Policy .

To enable personalized advertising (such as interest-based ads), we may share your data with our marketing and advertising partners using cookies and other technologies. These partners may have their own information collected about you. Turning off the personalized advertising setting won't stop you from seeing IvyPanda ads, but it may make the ads you see less relevant or more repetitive.

Personalized advertising may be considered a "sale" or "sharing" of the information under California and other state privacy laws, and you may have the right to opt out. Turning off personalized advertising allows you to exercise your right to opt out. Learn more in IvyPanda's Cookies Policy and Privacy Policy .

Bill of Rights

Primary tabs.

• First Amendment [Religion, Speech, Press, Assembly, Petition (1791)] (see explanation )
• Second Amendment [Right to Bear Arms (1791)] (see explanation )
• Third Amendment [Quartering of Troops (1791)] (see explanation )
• Fourth Amendment [Search and Seizure (1791)] (see explanation )
• Fifth Amendment [Grand Jury, Double Jeopardy, Self-Incrimination, Due Process (1791)] (see explanation )
• Sixth Amendment [Criminal Prosecutions - Jury Trial, Right to Confront and to Counsel (1791)] (see explanation )
• Seventh Amendment [Common Law Suits - Jury Trial (1791)] (see explanation )
• Eighth Amendment [Excess Bail or Fines, Cruel and Unusual Punishment (1791)] (see explanation )
• Ninth Amendment [Non-Enumerated Rights (1791)] (see explanation )
• Tenth Amendment [Rights Reserved to States or People (1791)] (see explanation )

America's Founding Documents

The Bill of Rights: What Does it Say?

The bill of rights.

The Bill of Rights is the first 10 Amendments to the Constitution. It spells out Americans’ rights in relation to their government. It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion. It sets rules for due process of law and reserves all powers not delegated to the Federal Government to the people or the States. And it specifies that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

The First Amendment

The First Amendment provides several rights protections: to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems. It also protects the right to religious beliefs and practices. It prevents the government from creating or favoring a religion.

The Second Amendment

The Second Amendment protects the right to keep and bear arms.

The Third Amendment

The Third Amendment prevents government from forcing homeowners to allow soldiers to use their homes . Before the Revolutionary War, laws gave British soldiers the right to take over private homes.

The Fourth Amendment

The Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property.

The Fifth Amendment

The Fifth Amendment provides several protections for people accused of crimes. It states that serious criminal charges must be started by a grand jury .  A person cannot be tried twice for the same offense ( double jeopardy ) or have property taken away without just compensation . People have the right against self-incrimination and cannot be imprisoned without due process of law (fair procedures and trials).

The Sixth Amendment

The Sixth Amendment provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges. Witnesses must face the accused, and the accused is allowed his or her own witnesses and to be represented by a lawyer. 

The Seventh Amendment

The Seventh Amendment extends the right to a jury trial in Federal civil cases.

The Eighth Amendment

The Eighth Amendment bars excessive bail and fines and cruel and unusual punishment.

The Ninth Amendment

The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out.

The Tenth Amendment

The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people.

Back to Main Page How Did it Happen?