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Bill of Rights
The United
States Bill of Rights. Text-Bill
of Rights Text
General Outline.
The 'Bill of
Rights' is a catalogue of inalienable rights which are recognized
and given
protection by the United States Constitution. It is not a separate
document but
is contained in the first ten amendments to the Constitution.
Historical
Background.
After the
American states declared independence each state wrote a bill of
rights. The
most important of these was the Virginia Declaration of Rights of
1776 by
George Mason.
At the
Federal Constitution at Philadelphia in 1787, Mason called for a 'Bill
of Rights',
and Elbridge Gerry asked for a committee to be established for
this purpose.
Gerry was defeated and the Constitution which was submitted to
the states
for ratification did not contain a bill of rights. When the
Constitution
went to the states for ratification, it was argued that the
Constitution
was flawed since it lacked a bill of rights.
When the
United States Constitution was adopted in 1788 there were two
different
views on the requirement for a statement of rights. One group, in
particular
Alexander Hamilton, believed that rights were protected adequately
as states had
their own declaration of rights. Moreover, if such basic rights
existed it
was unnecessary to write them down.
However,
James Madison believed that a definitive statement of rights would be
an important
restraint against the natural tendency of governments or any
majority of
people to abuse power and infringe the rights of individuals.
Having fought
a war of independence against an abusive central government, the
states were
also keen to have rights specifically included in the
Constitution.
Madison became the chief advocate for a bill of rights. From
June to
September 1789 the state responses to the ratification of the
Constitution
were received. Madison convinced Congress that the states wanted
a statement
of rights in the Constitution.
By September
1789 Madison had overcome the indifference and opposition in
Congress to a
bill of rights and twelve amendments to the Constitution were
proposed.
Eventually ten of these were accepted and the amendments
incorporated
the 'Bill of Rights' into the Constitution on December 15th,
1791.
Conclusion.
The 'Bill of
Rights' has had decisive influence in the development of the
American
government, politics and law. It identified certain rights which were
"fundamental
maxims" and required that these be protected. These rights have
obtained
sacred status and are considered part of the American "national
sentiment."
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