Bill of Rights
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Bill of Rights]]
During the debates on the adoption of the [[Constitution]], its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the general government. Fresh in their minds was the memory of the British violation of civil rights before and during the [[American Revolution]]. They demanded a "
bill of rights'''" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the
Constitution with the understanding that the amendments would be offered.
The intention of these enumerated rights were expressly as limitations upon the general government. At their introduction, they opened with the following:
:''The Conventions of a Number of the States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added''<ref>[https://www.loc.gov/resource/rbc0001.2010madison38253/?sp=1 The conventions of a number of the states having, at the time of their adopting the Constitution...], [[LOC]]</ref><ref>[https://books.google.com/books?id=bMNgAAAAcAAJ&pg=PP90 Laws of the United States of America ; from the 4th of March, 1789]</ref>
On June 8th, 1789, Madison proposed a series of amendments to the Constitution which would become the
Bill of Rights
. These were intended for one specific purpose: to keep government small and constrained. In his opening speech proposing the Bill of rights, James Madison said the following:<ref>[http://www.let.rug.nl/usa/documents/1786-1800/madison-speech-proposing-the-bill-of-rights-june-8-1789.php Madison speech proposing the Bill of Rights June 8 1789]</ref>
:The exceptions here or elsewhere in the constitution, made in favor of particular rights,
shall not be so construed''' as
diminish the just importance of other rights retained by the people; or '''as to enlarge the powers delegated by the constitution'''; but either as actual limitations of such powers, or as '''inserted merely for greater caution'''.
Later, the First Congress of the United States therefore proposed on September 25 to the state legislatures 12 amendments to the Constitution. These amendments met arguments most frequently advanced against the Constitution. Articles 3 to 12, ratified December 15, 1791, by three-fourths of the state legislatures, constitute
10 amendments of the Constitution, known as the Bill of Rights. Article 2 concerning “varying the compensation for the services of the Senators and Representatives” was finally ratified on May 7, 1992 as the 27th Amendment to the Constitution. The first amendment, which concerned the number of constituents for each Representative, was never ratified.
Beginning in the late 1800's, during the
, articles of the Bill of Rights began
be incorporated in favor of the Federal government and against the states in a process known as
. When the original twelve Bill of Rights were first proposed, it contained the following description as "declaratory and restrictive clauses". Incorporation has the opposite effect.
==Transcript of Bill of Rights (1791)==
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine
Rights enumerated include
conventions of a number of the states, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the government, will best ensure the beneficent ends of its institution;-<ref>[https://books.google.com/books?id=zotKAAAAYAAJ&pg=PA338 The Debates in the Several State Conventions on the Adoption of the Federal Constitution as Recommended by the General Convention at Philadelphia in 1787]</ref>
''Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled'', two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
''Articles in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.''
===Article the first===
After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.
===Article the second===
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
===Article the third===
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
of the people peaceably
assemble, and to petition the Government for a redress of grievances.
===Article the fourth===
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and
Arms, shall not be infringed.
===Article the fifth===
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.
===Article the sixth===
The right of the people to be secure in their persons, houses, papers
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.
===Article the seventh===
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.
===Article the eighth===
In all criminal prosecutions, the accused shall enjoy
the right to a
speedy and public
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 defense
===Article the ninth===
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.
===Article the tenth===
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
===Article the eleventh===
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
===Article the twelfth===
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.
Frederick Augustus Muhlenberg, Speaker of the House of Representatives
John Adams, Vice-President of the United States, and President of the Senate
John Beckley, Clerk of the House of Representatives.
Sam. A Otis Secretary of the Senate
* Amar, Akhil Reed. ''The Bill of Rights: Creation and Reconstruction.'' (1998). 412 pp. standard history
* Arsenault, Raymond, ed. ''Crucible of Liberty: 200 Years of the Bill of Rights.'' (1991). 215 pp.
* Bodenhamer, David J. and Ely, James W., Jr., eds. ''The Bill of Rights in Modern America: After 200 Years.' '(1993). 246 pp.
* Conley, Patrick T. and Kaminski, John P., eds. ''The Bill of Rights and the States: The Colonial and Revolutionary Origins of American Liberties.'' (1992). 542 pp.
* Ely, James W., Jr. ''The Guardian of Every Other Right: A Constitutional History of Property Rights.'' (1992). 193 pp.
* Hickok, Eugene W., Jr., ed. ''The Bill of Rights: Original Meaning and Current Understanding.'' (1991). 487 pp
* Hoffman, Ronald and Albert, Peter J., eds. ''The Bill of Rights: Government Proscribed.'' (1997). 463 pp. essays by scholars
* Lacey, Michael J. and Haakonssen, Knud, eds. ''A Culture of Rights: The Bill of Rights in Philosophy, Politics, and Law, 1791-1991.'' (1992). 474 pp.
* Levy, Leonard W. ''Origins of the Bill of Rights.'' (1999). 306 pp.
* Licht, Robert A., ed. ''The Framers and Fundamental Rights.'' American Enterprise Institute Press, 1991. 194 pp.
* Pacheco, Josephine F., ed. ''To Secure the Blessings of Liberty: Rights in American History.'' (George Mason Lectures.) (1993). 194 pp.
* Wood, James E., Jr., ed. ''The First Freedom: Religion and the Bill of Rights.'' Baylor U., Dawson Institute of Church-State Studies, 1990. 181 pp.
* Cogan, Neil H., ed. ''The Complete Bill of Rights: The Drafts, Debates, Sources, and Origins.'' (1997). 708 pp.
* [[Bill of Rights Day]]
* [[United States Constitution]]
* [[Unalienable rights]]
*Charles, Robert (March 28, 2018). [https://www.foxnews.com/opinion/2018/03/28/if-second-amendment-falls-our-entire-bill-rights-falls.html If the Second Amendment falls, our entire Bill of Rights falls]. ''Fox News''.
[[Category:Bill of Rights]]
[[Category:United States Constitution]]
[[Category:American State Papers]]
[[Category:Pro Second Amendment]]