Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. Ratified on December 15, 1791, the Bill of Rights guarantees fundamental rights and liberties to individuals and limits the powers of the federal government. It remains a cornerstone of American law and democracy.
Background
During the debate over ratification of the Constitution in 1787–1788, Anti-Federalists argued that the new framework gave too much power to the federal government and lacked explicit protections for individual rights. Federalists responded that a Bill of Rights was unnecessary, but to secure ratification, they promised to add amendments safeguarding personal freedoms. James Madison, often called the "Father of the Bill of Rights," introduced the proposed amendments in the First Congress in 1789.
Ratification
Congress approved twelve amendments in 1789 and sent them to the states for ratification. Ten of these were ratified by 1791 and became known as the Bill of Rights. Two proposed amendments that were not ratified at the time dealt with congressional pay and the size of the House of Representatives. One of them, concerning congressional pay, was eventually ratified over 200 years later as the Twenty-seventh Amendment to the United States Constitution in 1992.
Contents
The ten amendments cover a range of civil liberties and protections:
- First Amendment: Freedom of religion, speech, press, assembly, and petition.
- Second Amendment: Right to keep and bear arms.
- Third Amendment: Protection from quartering of soldiers in private homes without consent.
- Fourth Amendment: Protection from unreasonable searches and seizures.
- Fifth Amendment: Right to due process, protection against double jeopardy, and self-incrimination.
- Sixth Amendment: Rights in criminal prosecutions, including the right to a fair and speedy trial, impartial jury, and counsel.
- Seventh Amendment: Right to trial by jury in civil cases.
- Eighth Amendment: Protection against excessive bail, fines, and cruel and unusual punishment.
- Ninth Amendment: Recognition that rights not specifically mentioned in the Constitution are retained by the people.
- Tenth Amendment: Powers not delegated to the federal government are reserved to the states or the people.
Legacy
The Bill of Rights has profoundly shaped American legal and political culture. It set a precedent for limiting government power and affirming individual freedoms. Over time, the Supreme Court of the United States has interpreted the Bill of Rights in landmark cases, extending many of its protections to apply to the states through the doctrine of incorporation under the Fourteenth Amendment.
Influence
The Bill of Rights influenced other nations and international charters, such as the French Declaration of the Rights of Man and of the Citizen (1789) and the Universal Declaration of Human Rights (1948).
See also
- United States Constitution
- Federal government of the United States
- Supreme Court of the United States
- James Madison
- American Civil Liberties