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The origins of the Bill of Rights

Image 1. An original copy of the Bill of Rights. Photo from the U.S. National Archives and Records Administration

After independence was declared, the Founding Fathers began writing the U.S. Constitution. A bill

of rights was not considered to be important at first. However, many states would not pass a

constitution without one. The Bill of Rights officially became part of the Constitution in December

1791.

Background

The Bill of Rights is the first 10 amendments to the U.S. Constitution. Its origins lie in English

history. In 1215, England's King John put his seal on the Magna Carta. The document protected

subjects against royal abuses of power. It required that courts had to be run according to "the law

of the land" and that justice cannot be denied or delayed.

In the 1600s, another king, Charles I, abused his power. In response, the British Parliament in

1628 passed the Petition of Right. It stated that people could not be put in jail without trial. Also, it

said the king cannot tax the people without Parliament's consent. Parliament adopted a Bill of

Rights in 1689. The American Bill of Rights copied some of it. For example, the Eighth

Amendment bans excessive bail and fines, and cruel and unusual punishment.

By History.com, adapted by Newsela staff on 06.18.19Word Count 674Level 820L

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Constitutional Convention

Immediately after independence, the American states began writing state constitutions and state

bills of rights. Virginia's Declaration of Rights included protections against abuses of power. It was

the model for bills of rights in other states and for the federal Bill of Rights.

The Constitutional Convention took place in 1787 in Philadelphia. At first, delegates defeated a

motion to write a bill of rights. They thought it was not necessary because Congress only had the

powers granted in the Constitution. Some of the Framers, such as James Madison, had a different

reason. They said that a bill of rights would not protect anyone. Instead, rights could be

guaranteed only by separation of powers and checks and balances.

Opponents of ratification used the Bill of Rights as an

excuse. They said they would vote against the

Constitution because it did not include a bill of rights.

Federalists, who wanted a strong central government,

realized that they had to offer to add amendments to

get it passed. This promise tipped the balance in

closely divided states, such as New York and Virginia.

Madison Drafts Amendments

Madison drafted the Bill of Rights. It was not accepted

by everyone. Some thought the House of

Representatives had more important work to do.

Antifederalists were openly hostile. In September

1789, Congress accepted a report about proposed

amendments to the Constitution.

On December 15, 1791, Virginia became the last state

to pass the Bill of Rights. In the end, 10 amendments

were approved. Two others were not. They dealt with

the number of representatives and with the salaries of congressmen.

At first, it seemed that the amendments applied only to the federal government, not the states.

Eventually, this would be up for debate.

After The Bill of Rights

The 14th Amendment was passed in 1868 after the Civil War. It declares that no state shall

"deprive any person of life, liberty, or property, without due process of law." Those few words

sparked a major change in American constitutional law. In 1947, Supreme Court Justice Hugo

Black concluded that the amendment meant the Bill of Rights also applied to the states.

Beginning in the 1960s, the Supreme Court began asking whether a specific section of the Bill of

Rights was essential to "fundamental fairness." If it was, then it must also apply to the states.

Because of this, the states must follow most of the Bill of Rights. They include rights to speech,

press and religion. Other rights are the right to a lawyer, to a speedy and public trial, and to a trial

by jury.

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The original Constitution has been amended a number of times. The Bill of Rights, however, has

never been changed. It is the heart of American ideas about individual liberty, limited government,

and the rule of law.

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Quiz

1 Read the paragraph from the article.

Beginning in the 1960s, the Supreme Court began asking whether a specific section of the Bill ofRights was essential to "fundamental fairness." If it was, then it must also apply to the states.Because of this, the states must follow most of the Bill of Rights. They include rights to speech,press and religion. Other rights are the right to a lawyer, to a speedy and public trial and to a trialby jury.

Which statement summarizes the paragraph?

(A) Before the 1960s most states did not protect the right to a trial by jury or the right to a lawyer.

(B) The Bill of Rights prevents the government from doing anything cruel or unfair to citizens.

(C) After the 14th Amendment, how people viewed the Bill of Rights changed significantly.

(D) The Supreme Court decided that states must also protect the rights outlined in the Bill of Rights.

2 Read the paragraph from the article.

Opponents of ratification used the Bill of Rights as an excuse. They said they would vote againstthe Constitution because it did not include a bill of rights. Federalists, who wanted a strongcentral government, realized that they had to offer to add amendments to get it passed. Thispromise tipped the balance in closely divided states, such as New York and Virginia.

HOW does this paragraph support the main idea of the article?

(A) by highlighting why some people did not want a bill of rights

(B) by explaining why the Bill of Rights was added to the Constitution

(C) by describing how the Bill of Rights changed life in the United States

(D) by showing where inspiration for the Bill of Rights came from

3 This article is mostly organized using chronology.

Why do you think the author chose to organize the information this way?

(A) to highlight the relationship between the Bill of Rights in the United States Constitution and earlierattempts to protect people's rights

(B) to describe what life was like before governments formally protected the rights of citizens

(C) to present the events that led to the passage of the Bill of Rights clearly so the reader could understandthe effect it had on American law

(D) to explain how the Bill of Rights evolved and changed over time in the United States

4 How is the structure of the section “Constitutional Convention” different from the structure of the section “Madison DraftsAmendments”?

(A) The first section uses cause and effect while the second section is in chronological order.

(B) The first section is in chronological order while the second section uses cause and effect.

(C) Both sections are presented in chronological order.

(D) Both sections are structured as cause and effect.