UNITED STATES BILL of RIGHTS – WikiVidi Documentary
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UNITED STATES BILL of RIGHTS – WikiVidi Documentary


WikiVidi.com United States Bill of Rights The Bill of Rights is the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 battle over ratification of the U.S. Constitution, and crafted to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government’s power in judicial and other proceedings, and explicit declarations that all powers not specifically delegated to Congress by the Constitution are reserved for the states or the people. The concepts codified in these amendments are built upon those found in several earlier documents, including the Virginia Declaration of Rights and the English Bill of Rights 1689, along with earlier documents such as Magna Carta. In practice, the amendments had little impact on judgments by the courts for the first 150 years after ratification. On June 8, 1789, Representative James Madison introduced nine amendments to the Constitution in the House of Representatives. Among his recommendations Madison proposed opening up the Constitution and inserting specific rights limiting the power of Congress in Article One, Section 9. Seven of these limitations would become part of the ten ratified Bill of Rights amendments. Ultimately, on September 25, 1789, Congress approved twelve articles of amendment to the Constitution, each consisting of one one-sentence paragraph, and submitted them to the states for ratification. Contrary to Madison’s original proposal that the articles be incorporated into the main body of the Constitution, they were proposed as supplemental additions to it. Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution. Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment. Article One is technically still pending before the states. Although Madison’s proposed amendments included a provision to extend the protection of some of the Bill of Rights to the states, the amendments that were finally submitted for ratification applied only to the federal government. The door for their application upon state governments was opened in the 1860s, following ratification of the Fourteenth Amendment. Since the early 20th century both federal and state courts have used the Fourteenth Amendment to apply portions of the Bill of Rights to state and local governments. The process is known as incorporation. There are several original engrossed copies of the Bill of Rights still in existence. One of these is on permanent public display at the National Archives in Washington, D.C. The Philadelphia Convention Prior to the ratification and implementation of the United States Constitution, the thirteen sovereign states followed the Articles of Confederation, created by the Second Continental Congress and ratified in 1781. However, the national government that operated under the Articles of Confederation was too weak to adequately regulate the various conflicts that arose between the states. The Philadelphia Convention set out to correct weaknesses of the Articles that had been apparent even before the American Revolutionary War had been successfully concluded. The convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania. Although the Convention was purportedly intended only to revise the Articles, the intention of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York, was to create a new government rather than fix the existing one. The convention convened in the Pennsylvania State House, and George Washington of Virginia was unanimously elected as president of the convention. The 55 delegates who drafted the Constitution are among the men known as the Founding Fathers of the new nation. Thomas Jefferson, who was Minister to France during the convention, characterized the delegates as an assembly of “demi-gods.” Rhode Island refused to send delegates to the convention. On September 12, George Mason of Virginia suggested the addition of a Bill of Rights to the Constitution modeled on previous state declarations, and Elbridge Gerry of Massachusetts made it a formal motion. However, the motion was defeated by a unanimous vote of the state delegations after only a brief discussion. Madison, then an opponent of a Bill of Rights, later explained the vote by calling the state bills of rights “parchment barriers” that offered only an illusion of protection against tyranny. Another delegate, James Wilson of Pennsylvania, later argued that the act of enumerating the rights of the people would have been dangerous, because it would imply that rights not explicitly mentioned did not exist; Hamilton echoed this point in Federalist No. 84. Because Mason and Gerry had emerged as opponents of the proposed new Constitution, their motion—introduced five days before the end of the convention—may also have been seen by other delegates as a delaying tactic. The quick rejection of this motion, however, later endangered the entire ratification process. Author David O. Stewart characterizes the omission of a Bill of Rights in the original Constitution as “a political blunder of the first magnitude” while historian Jack N. Rakove calls it “the one serious miscalculation the framers made as they looked ahead to the struggle over ratification”. Thirty-nine delegates signed the finalized Constitution. Thirteen delegates left before it was completed, and three who remained at the convention until the end refused to sign it: Mason, Gerry, and Edmund Randolph of Virginia. Afterward, the Constitution was presented to the Articles of Confederation Congress with the request that it afterwards be submitted to a convention of delegates, chosen in each State by the people, for their assent and ratification. Massachusetts compromise [^] In December 1787 and January 1788, five states—Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut—ratified the Constitution with relative ease, though the bitter minority report of the Pennsylvania opposition was widely circulated. In contrast to its predecessors, the Massachusetts convention was angry and contentious, at one point erupting into a fistfight between Federalist delegate Francis Dana and Anti-Federalist Elbridge Gerry when the latter was not allowed to speak. The impasse was resolved only when revolutionary heroes and leading Anti-Federalists Samuel Adams and John Hancock agreed to ratification on the condition that the convention also propose amendments. The convention’s proposed amendments included a requirement for grand jury indictment in capital cases, which would form part of the Fifth Amendment, and an amendment reserving powers to the states not expressly given to the federal government, which would later form the basis for the Tenth Amendment. Following Massachusetts’ lead, the Federalist minorities in both Virginia and New York were able to obtain ratification in convention by linking ratification to recommended amendments. A committee of the Virginia convention headed by law professor George Wythe forwarded forty recommended amendments to Congress, twenty of which enumerated individual rights and another twenty of which enumerated states’ rights. The latter amendments included limitations on federal powers to levy taxes and regulate trade. A minority of the Constitution’s critics, such as Maryland’s Luther Martin, continued to oppose ratification. However, Martin’s allies, such as New York’s John Lansing, Jr., dropped moves to obstruct the Convention’s process. They began to take exception to the Constitution “as it was,” seeking amendments. Several conventions saw supporters for “amendments before” shift to a position of “amendments after” for the sake of staying in the Union. The New York Anti-Federalist “circular letter” was sent to each state legislature proposing a second constitutional convention for “amendments before”, but it failed in the state legislatures. Ultimately, only North Carolina and Rhode Island waited for amendments from Congress before ratifying. Article Seven of the proposed Constitution set the terms by which the new frame of government would be established. The new Constitution would become operational when ratified by at least nine states. Only then would it replace the existing government under the Articles of Confederation and would apply only to those states that ratified it. Following contentious battles in several states, the proposed Constitution reached that nine state ratification plateau in June 1788. On September 13, 1788, the Articles of Confederation Congress certified that the new Constitution had been ratified by more than enough states for the new system to be implemented and directed the new government to meet in New York City on the first Wednesday in March the following year. On March 4, 1789, the new frame of government came into force with eleven of the thirteen states participating. Anticipating amendments [^] The 1st United States Congress, which met in New York City’s Federal Hall, was a triumph for the Federalists. The Senate of eleven states contained 20 Federalists with only two Anti-Federalists, both from Virginia. The House included 48 Federalists to 11 Anti-Federalists, the latter of whom were from only four states: Massachusetts, New York, Virginia and South Carolina. Among the Virginia delegation to the House was James Madison, Patrick Henry’s chief opponent in the Virginia ratification battle. In retaliation for Madison’s victory in that battle at Virginia’s ratification convention, Henry and other Anti-Federalists, who controlled the Virginia House of Delegates had gerrymandered a hostile district for Madison’s planned congressional run and recruited Madison’s future presidential successor, James Monroe, to oppose him. Madison defeated Monroe after offering a campaign pledge that he would introduce constitutional amendments comprising a Bill of Rights at the First Congress. Originally opposed to the inclusion of a bill of rights in the Constitution, he had gradually come to understand the importance of doing so during the often contentious ratification debates. By taking the initiative to propose amendments himself through the Congress, he hoped to preempt a second constitutional convention that might, it was feared, undo the difficult compromises of 1787, and open the entire Constitution to reconsideration, thus risking the dissolution of the new federal government. Writing to Jefferson, he stated, “The friends of the Constitution, some from an approbation of particular amendments, others from a spirit of conciliation, are generally agreed that the System should be revised. But they wish the revisal to be carried no farther than to supply additional guards for liberty.” He also felt that amendments guaranteeing personal liberties would “give to the Government its due popularity and stability”. Finally, he hoped that the amendments “would acquire by degrees the character of fundamental maxims of free government, and as they become incorporated with the national sentiment, counteract the impulses of interest and passion”. Historians continue to debate the degree to which Madison considered the amendments of the Bill of Rights necessary, and to what degree he considered them politically expedient; in the outline of his address, he wrote, “Bill of Rights—useful—not essential—”. On the occasion of his April 30, 1789 inauguration as the nation’s first president, George Washington addressed the subject of amending the Constitution. He urged the legislators, Crafting amendments James Madison introduced a series of Constitutional amendments in the House of Representatives for consideration. Among his proposals was one that would have added introductory language stressing natural rights to the preamble. Another would apply parts of the Bill of Rights to the states as well as the federal government. Several sought to protect individual personal rights by limiting various Constitutional powers of Congress. Like Washington, Madison urged Congress to keep the revision to the Constitution “a moderate one”, limited to protecting individual rights. Madison was deeply read in the history of government and used a range of sources in composing the amendments. The English Magna Carta of 1215 inspired the right to petition and to trial by jury, for example, while the English Bill of Rights of 1689 provided an early precedent for the right to keep and bear arms and prohibited cruel and unusual punishment. The greatest influence on Madison’s text, however, was existing state constitutions. Many of his amendments, including his proposed new preamble, were based on the Virginia Declaration of Rights drafted by Anti-Federalist George Mason in 1776. To reduce future opposition to ratification, Madison also looked for recommendations shared by many states. He did provide one, however, that no state had requested: “No state shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases.” He did not include an amendment that every state had asked for, one that would have made tax assessments voluntary instead of contributions. Federalist representatives were quick to attack Madison’s proposal, fearing that any move to amend the new Constitution so soon after its implementation would create an appearance of instability in the government. The House, unlike the Senate, was open to the public, and members such as Fisher Ames warned that a prolonged “dissection of the constitution” before the galleries could shake public confidence. A procedural battle followed, and after initially forwarding the amendments to a select committee for revision, the House agreed to take Madison’s proposal up as a full body beginning on July 21, 1789. The eleven-member committee made some significant changes to Madison’s nine proposed amendments, including eliminating most of his preamble and adding the phrase “freedom of speech, and of the press”. The House debated the amendments for eleven days. Roger Sherman of Connecticut persuaded the House to place the amendments at the Constitution’s end so that the document would “remain inviolate”, rather than adding them throughout, as Madison had proposed. The amendments, revised and condensed from twenty to seventeen, were approved and forwarded to the Senate on August 24, 1789. The Senate edited these amendments still further, making 26 changes of its own. Madison’s proposal to apply parts of the Bill of Rights to the states as well as the federal government was eliminated, and the seventeen amendments were condensed to twelve, which were approved on September 9, 1789. The Senate also eliminated the last of Madison’s proposed changes to the preamble. On September 21, 1789, a House–Senate Conference Committee convened to resolve the numerous differences between the two Bill of Rights proposals. On September 24, 1789, the committee issued this report, which finalized 12 Constitutional Amendments for House and Senate to consider. This final version was approved by joint resolution of Congress on September 25, 1789, to be forwarded to the states on September 28. By the time the debates and legislative maneuvering that went into crafting the Bill of Rights amendments was done, many personal opinions had shifted. A number of Federalists came out in support, thus silencing the Anti-Federalists’ most effective critique. Many Anti-Federalists, in contrast, were now opposed, realizing that Congressional approval of these amendments would greatly lessen the chances of a second constitutional convention. Anti-Federalists such as Richard Henry Lee also argued that the Bill left the most objectionable portions of the Constitution, such as the federal judiciary and direct taxation, intact. Madison remained active in the progress of the amendments throughout the legislative process. Historian Gordon S. Wood writes that “there is no question that it was Madison’s personal prestige and his dogged persistence that saw the amendments through the Congress. There might have been a federal Constitution without Madison, but certainly no Bill of Rights.” WikiVidi.com [ Visit WikiVidi.com or browse the channel ]

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