SEE ALSO A VIDEO
THAT REPRESENTS THE OTHER SIDE OF THE STORY
In the United States, the Bill of Rights is the name by which
the first ten amendments to the United States Constitution are
known.
[1] They were introduced by James Madison to the First
United States Congress in 1789 as a series of constitutional
amendments, and came into effect on December 15, 1791, when
they had been ratified by three-fourths of the States. Thomas
Jefferson was the main proponent of the Bill of Rights.
[2]
The Bill of Rights prohibits
Congress from making any law respecting an establishment of
religion, forbids infringement
of the right to keep and bear
arms, by Congress or citizens in a federal
territory
[3] and prohibits the federal government from
depriving any person of life, liberty, or property, without
due process of law. In federal criminal cases, it requires
indictment by grand jury for any capital or "infamous
crime", guarantees a speedy public trial with an
impartial jury composed of members of the state or judicial
district in which the crime occurred, and prohibits double
jeopardy. In addition, the Bill of Rights states that
"the enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by
the people,"
[4] and reserves all powers not granted to
the federal government to the citizenry or States. Most of
these restrictions were later applied to the states by a
series of decisions applying the due process clause of the
Fourteenth Amendment, which was ratified in 1868, after the
American Civil War.
Madison proposed the Bill of Rights while ideological conflict
between Federalists and anti-Federalists, dating from the 1787
Philadelphia Convention, threatened the overall ratification
of the new national Constitution. It largely responded to the
Constitution's influential opponents, including prominent
Founding Fathers, who argued that the Constitution should not
be ratified because it failed to protect the basic principles
of human liberty.
The Bill was influenced by George Mason's
1776 Virginia Declaration of Rights, the 1689 English Bill of
Rights, works of the Age of Enlightenment pertaining to
natural rights, and earlier English political documents such
as Magna Carta (1215).
Two additional articles were proposed to the States; only the
final ten articles were ratified quickly and correspond to the
First through Tenth Amendments to the Constitution.
The first
Article, dealing with the number and apportionment of U.S.
Representatives, never became part of the Constitution. The
second Article, limiting the ability of Congress to increase
the salaries of its members, was ratified two centuries later
as the 27th Amendment. Though they are incorporated into the
document known as the "Bill of Rights", neither
article establishes a right as that term is used today. For
that reason, and also because the term had been applied to the
first ten amendments long before the 27th Amendment was
ratified, the term "Bill of Rights" in modern U.S.
usage means only the ten amendments ratified in 1791.
The Bill of Rights plays a central role in American law and
government, and remains a fundamental symbol of the freedoms
and culture of the nation. One of the original fourteen copies
of the Bill of Rights is on public display at the National
Archives in Washington, D.C.
|