Bill of Rights U.S. Constitution

Enacted in 1789 and ratified in 1791, the Bill of Rights comprises the first ten amendments to the United States Constitution. These amendments constitute some of the most recognized elements of constitutional law.

Many know the freedoms of speech, religion, and the press, but these constitute just three of the five freedoms guaranteed by the First Amendment.

The Constitution and its 27 amendments offer so much more. The ten amendments comprising the Bill of Rights, in particular, safeguard the unique structure of the United States government and protect individuals from government overreach.

Historical Background of the Bill of Rights

Laws protecting individual liberties from government tyranny existed for centuries before British colonies became the United States of America. England's Magna Carta, signed by King John in 1215, protected the king's subjects from abuse of power by the royals. It even included a requirement that actions taken by the government follow certain procedures—an early form of "due process." The 1689 English Bill of Rights protected free speech and the right to petition the government.

The Framers of the U.S. Constitution wanted to avoid many of the problems experienced under the British monarchy. However, at the 1787 Constitutional Convention in Philadelphia, the delegates unanimously rejected a proposal by Virginia delegate George Mason to add a bill of rights to the Constitution. Some argued that state legislatures already protected citizens' individual rights in their state constitutions. Others feared that outlining specific rights would leave the federal government free to infringe on rights that weren't explicitly laid out.

George Mason ultimately refused to add his signature to the original Constitution because it did not include a bill of rights. Thirteen of the original 55 delegates dropped out, and two others refused to sign it. The remaining 39 delegates signed their name to the document.

However, the Constitution's lack of a bill of rights was the biggest obstacle to its ratification by the states.

Why Was the Bill of Rights Added to the Constitution?

The addition of the Bill of Rights was mainly a reaction to issues the Constitution’s Framers encountered during the ratification process. In general, ratification means signing or giving formal consent to something. For example, when an international treaty is created, member countries must sign on for it to become valid.

When the Constitution was written, two groups, Federalists and Anti-Federalists, put forth opposing visions of the future of the U.S. government:

• Federalists supported a strong national government.

• Anti-Federalists feared that the upper class would dominate a strong centralized government. They preferred to let the states retain more control.

The delegates at the Constitutional Convention addressed this issue in the final portion of the Constitution, Article VII.

Article VII required nine of the thirteen original states to ratify the Constitution before it could become law. But this ratification wasn't tasked to the state legislatures. Instead, states held "ratifying conventions" to decide whether to accept or reject the new proposed government. Delegates to the state ratifying conventions were men nominated by their communities.

The fact that the Constitution did not include a bill of rights quickly became a concern among the American public. Many feared that without formal protection of personal liberties, they would be subject to the same tyranny they had experienced under the British monarchy. The citizens sought assurance that the newly established government would not encroach upon the fundamental rights they had secured through the Revolution.

Even supporters of the Constitution knew that Anti-Federalist sentiments in Massachusetts, Pennsylvania, Virginia, and New York could pose a problem if they attempted ratification without a bill of rights.

Thomas Jefferson argued in favor of adding a bill of rights, saying:

"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."

Several states quickly ratified the new Constitution, even without a bill of rights. However, ratification efforts in New York and Virginia only succeeded after the Federalists promised to add one. Getting these states on board cleared a significant hurdle between the colonists and the “more perfect Union” promised by the Constitution’s preamble. The Framers had to decide who would write the Bill of Rights.

Who Wrote the Bill of Rights?

James Madison had already written a large portion of the Constitution. So, it was no surprise that drafting the Bill of Rights also fell to him. He based his draft on the Virginia Declaration of Rights, written by none other than George Mason.

Madison originally drafted 19 amendments. The House of Representatives rejected two, and the Senate threw out an additional five. The First Congress approved the remaining twelve on September 25, 1789, and sent them to the states to be ratified.

The states then turned down two of the proposed amendments approved by Congress:

• The first prevented legislators from changing their own pay during a legislative session. Essentially, no one wanted members of Congress to increase their pay right before getting voted out of office. This prohibition was eventually added in 1992 as the Twenty-Seventh Amendment.

• The second addressed how many representatives should be in Congress based on the country's population in 1789.

The final ten amendments became the Bill of Rights that we have today. It took another two years for three-fourths of the states to ratify the amendments, allowing them to take effect in 1791 fully. Meanwhile, Connecticut waited 150 years to ratify, symbolically adopting the Bill of Rights in 1939.

Congress commissioned 14 official copies of the document—one for each of the thirteen states and one for the federal government.

Four state copies have gone missing (Georgia, Maryland, New York, and Pennsylvania). Historians recovered two copies, but no one knows where they originated. The copy given to the federal government is on display at the National Archives in Washington, D.C., along with the original handwritten versions of the Constitution and the Declaration of Independence.

What Does Each Amendment Say?

Below are the ten constitutional amendments included in the Bill of Rights. In the centuries since their passage, Congress and the Supreme Court have interpreted and reinterpreted these amendments to keep up with the evolving nation.

The Bill of Rights primarily focuses on civil liberties, but you might also hear them referred to as “civil rights.” Although the phrases are similar, they have different meanings in the U.S. legal system.

• Civil rights protect against discrimination

• Civil liberties protect against government interference or overreach

The First Amendment’s freedom of speech or the Fifth Amendment’s protection against self-incrimination are examples of civil liberties. Civil rights are general protections against unequal treatment based on race or gender. They often come from other federal laws, such as the 1965 Voting Rights Act.

The First Amendment

The First Amendment upholds numerous freedoms that are fundamental to the United States of America, including the freedom of speech and religion. It states:

“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.”

The Second Amendment

The Second Amendment's “right to bear arms” has been the source of rigorous debate for decades. The Supreme Court has interpreted it to protect an individual right to gun ownership.

The Second Amendment reads:

“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.”

The Third Amendment

Very few Supreme Court cases have addressed the Third Amendment. However, it provides important protections related to privacy. It states:

“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.”

In Griswold v. Connecticut, the Supreme Court relied in part on the Third Amendment to establish a right to privacy that protected access to birth control.

The Fourth Amendment

The Fourth Amendment’s protection against unreasonable search and seizure is especially important in criminal cases. It reads:

“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.”

Evidence gathered in violation of the Fourth Amendment can be excluded from a criminal trial.

The Fifth Amendment

The Fifth Amendment packs several protections known as “rights of persons” into just one paragraph:

“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 offence 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.”

The essential freedoms guaranteed by the Fifth Amendment include:

• Protection against multiple prosecutions for the same crime (double jeopardy)

• The right to a grand jury indictment in certain types of cases

• Protection against forced or coerced self-incrimination

• The right to due process

• Protection against the taking of private property without compensation

Due process is mentioned again in the Fourteenth Amendment, which was added after the Civil War.

The Sixth Amendment

The Fifth Amendment provides some protections that are important for criminal defendants. But, the Sixth Amendment focuses entirely on protecting those accused of a crime. It states:

“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 defence.”

Sixth Amendment protections include:

• The right to a speedy trial by an impartial jury

• The right to assistance from an attorney

Seventh Amendment

The Seventh Amendment addresses civil trials. In a civil case, one private individual or entity sues another. Criminal charges, on the other hand, are brought against individuals by the government (usually the state). The Seventh Amendment states:

“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 re-examined in any Court of the United States, than according to the rules of the common law.”

Eighth Amendment

In just one sentence, the Eighth Amendment provides essential protection for those convicted of a crime. It states:

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

The Eighth Amendment’s ban on cruel and unusual punishment has sparked especially interesting debates, particularly surrounding the death penalty.

Ninth Amendment

The Ninth Amendment acts as a catch-all protection for civil liberties. It states:

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

It means the Constitution can protect fundamental rights that are not specifically stated in its text. Examples of these “unenumerated rights” include parental rights and a general right to privacy.

Tenth Amendment

The Framers of the Constitution were wary of giving the central government too much power. The Tenth Amendment ensures that any powers not specifically given to the federal government remain with the states. It reads:

“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.”