What is the Bill of Rights?

The Bill of Rights is comprised of the first 10 Amendments to The United States’
Constitution. It lays down the rights conferred to American citizens in relation to the
government. It is the document that guarantees citizens the right to freedom of speech,
press, and assembly of an armed civil militia among others. The document served to
address the concerns raised by the Anti-Federalists during the 1787 debate on the
ratification of the Constitution. By virtue of The Bill of Rights, states and citizens are
guaranteed all those powers which are not explicitly reserved for the US Congress by the
Constitution. The concepts in the document echo the principles enshrined in the Virginia
Declaration of Rights, English Bill of Rights, and the Magna Carta. Representative James
Madison critically examined the deficiencies in the Constitution, as pointed out by the anti-
federalists and proposed the Bill of Rights as a series of corrective measures.The United
States Congress approved twelve articles of amendment and forwarded them to the states
for ratification, however, they were proposed as supplemental additions to the Constitution,
as opposed to incorporating them into the main body of the Constitution, as proposed by
Madison.

Fourteen original copies of the Bill of Rights were commissioned, one for Congress and one
for each of the original thirteen states. The copy of the Congress is on permanent public
display at the National Archives building in Washington, D.C. December 15th was declared
to be Bill of Rights Day by Franklin D. Roosevelt in 1941 to commemorate the 150th
anniversary of the ratification of the Bill of Rights.

Philadelphia Convention

The Philadelphia Convention set the stage for the Amendments to the Constitution. Its
purpose was to correct the deficiencies of the Articles that had become apparent prior to the
conclusion of the American Civil War. The convention lasted from May 14th to September
17th, 1787, in Philadelphia, Pennsylvania. It was originally intended only to revise the
Articles, but the intention of its major proponents including James Madison and Alexander
Hamilton was to create a new government rather than simply fix the one that already
existed. George Washington was elected as the president of the convention by a unanimous
vote. The Founding Fathers were among the 55 delegates who drafted the constitution of
the nation. The finalized Constitution was signed by thirty-nine delegates, thirteen delegates
left the convention before its end. Mason, Gerry, and Edmund Randolph refused to sign it
despite staying until the end of the Convention. The document was then presented to the
Articles of Confederation Congress with the request that it be forwarded to a convention of
delegates, who would be chosen by the people of each state, for ratification.

Anti-Federalists

Many were concerned that the formation of a strong national government would pose a
threat to individual rights and liberties, and that the new constitution gave room to the
possibility of the President turning into a tyrannical king or dictator. The Anti-Federalists,
comprised of visionaries like Patrick Henry, Richard Henry Lee, and Samuel Adams,
opposed the new frame of government and represented the concerns of the loss of
individual rights.

Federalists
The federalists were supporters of the Constitution and opposed the Bill of Rights during the
ratification period. They contended that the inclusion of such a bill would inevitably bring
about many procedural hurdles and uncertainties. Madison and Hamilton were among the
many notable Federalists.

Massachusetts Compromise

The fedarlists and the anti-federalists were at odds with each other over the ratification of the
United States Constitution. The Massachusetts Compromise refers to the solution to the
tussle between the federalists and the anti-federalists, it played a pivotal part in the adoption
of the Bill of Rights and its ratification. Anti-federalists were of the opinion that the institution
of a Constitution would give the federal government unchecked power that could diminish
individual rights and liberties, and therefore insisted that a Bill of Rights be included before
ratification. However, Federalists wanted them to either accept or reject the document as it
was. The efforts to ratify the Constitution were facing serious opposition in Massachusetts.
Anti-federalists John Hancock and Samuel Adams helped negotiate a compromise, wherein
they would support ratification only if recommendations to make amendments and include a
bill of rights was to be put forth by the federalists. This solution was agreeable to both the
Federalists and the Anti-federalists and Massachusetts voted in favor of ratification of the
Constitution on the 6th of February, 1788. Taking after Massachusetts, four other states
followed their model and negotiated that the amendments be included.

The Ratification Process

Twelve of the original seventeen articles that were approved by Congress were officially
submitted to the legislatures of the states for consideration. Maryland, North Carolina, South
Carolina, New Hampshire, New Jersey, Rhode Island, Pennsylvania and Vermont ratified all
twelve articles. Delaware ratified all but the first article. Having obtained the approval of
three-fourths of the 14 states that were a part of the Union at the time, Articles Three
through Twelve were ratified and became the ten amendments of the Bill of Rights. The
ratification of Articles One and Two remained incomplete, having not obtained the approval
of a minimum of 11 states. Article One came close to becoming adopted into the
Constitution twice between 1789 and 1803, but remains pending before the states. Article
Two received the necessary approvals to become the Twenty-Seventh Amendment in 1992.

The First Amendment

The First Amendment protects the citizens by explicitly preventing the government from
making any laws pertaining to the regulation of any establishment of religion, prohibition of
free exercise of religion, abridging the freedom of speech, freedom of press, right to peaceful
assembly and the right to petition the government for the redressal of grievances. Adopted
on December 15, 1791, it is the first of the ten amendments that collectively constitute the
Bill of Rights.

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.”

In Everson v Board of Education, the Court acknowledged Jefferson’s correspondence seeking a

“wall of separation between the Church and the State.” A series of court decisions over the
course of the 20th and 21st centuries expanded on the right to freedom of speech by protecting
various forms of expression including political speech, anonymous speech, and campaign
financing. These decisions also set forth certain exceptions to protections under the First
Amendment. The Free Press Clause is notable because it protects the publication of information
and opinions. It applies to a variety of different media. In Near v Minnesota and New York Times
v United States, the Supreme Court ruled that the First Amendment protects against pre-
publication censorship, in nearly every case. The Petition Clause protects the right to petition
every branch and agency of the government for action. The Court has also established that the
amendment implicitly protects the freedom of association.

Second Amendment

It states:

“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 Second Amendment recognizes and protects the right of citizens to keep and bear
arms. The concept of this right was derived from English common law. The Second
Amendment has always been a controversial subject of political, legal, and social discourse.
The issue of gun control has evoked discussions on the relevance of the Second
Amendment as we know it and the caveats it involves.

There are several judicial decisions that involve the Second Amendment:

1. United States v Cruikshank: In this case, the court held that “[t]he right to bear arms is
not granted by the Constitution; neither is it in any manner dependent upon that
instrument for its existence. The Second Amendment means no more than that it shall
not be infringed by Congress, and has no other effect than to restrict the powers of the
National Government.”
2. United States v Miller: In this judgment, the court ruled that the amendment was to
“[protect arms that had a] reasonable relationship to the preservation or efficiency of a
well regulated militia.”
3. District of Columbia v Heller: For the first time, the Supreme Court pronounced that
individuals are entitled to the right to self-protection and defense in the home.
4. McDonald v Chicago: In this judgment, the court ruled that the Second Amendment
restrained state and local governments to the same extent as that of the federal
government.

Third Amendment

“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.”

The Third Amendment restricts the quartering of soldiers in private homes. This Amendment was
a response to the Quartering Acts passed by the British parliament during the Revolutionary
War. There have been no decisions of the Supreme Court based on this amendment.

Fourth Amendment

“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.”
The Fourth Amendment protects citizens against searches and seizures that are unreasonable. It
also mandates that warrants be judicial sanctioned and supported by probable cause. The
Amendment was a response to the writ of assistance being abused during the American
Revolution.

Fifth Amendment

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jur1y, 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 Fifth Amendment protects citizens against double-jeopardy and self-incrimination along with
guaranteeing the right to due process, grand jury screening of criminal indictments, and
compensation for the seizure of private property. A major court decision based on the Fifth
Amendment was Miranda v Arizona, in which the Supreme Court held that defendants are to be
informed that they have a right to legal representation and against self-incrimination. Law
enforcement is required to issue a Miranda warning (which serves to inform the criminal suspects
that they can refuse to answer questions by virtue of their right to remain silent) to any US
citizen/resident prior to interrogation.

Sixth Amendment

“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 defense.”

The Sixth Amendment protects the following rights of defendants in criminal trials:

1. Right to a speedy and public trial

2. Right to trial by an impartial jury
3. Right to be informed of criminal charges
4. Right to confront witnesses
5. Right to compel witnesses to appear in court
6. Right to assistance of counsel

The Supreme Court ruled in Gideon v Wainwright that the Sixth Amendment guarantees the
right to legal representation in all felony prosecutions.

Seventh Amendment

“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.”

The Seventh Amendment seeks to guarantee citizens jury trials in civil cases that involve claims
larger than a sum of twenty dollars. Further, it prohibits judges from overruling findings of fact by
juries in civil trials. In the case of Colgrove v Battin, the Court held that the requirements of the
amendment could be satisfied by a jury comprising a minimum of six members. The Seventh
Amendment is not to be incorporated or applied to the states.
Eighth Amendment

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

The Eighth Amendment prevents the government from imposing ‘excessive’ fines or bails on
individuals. However, the word excessive is open to interpretation. The Amendment also forbids
the imposition of cruel punishments. In the case of Furman v Georgia, certain members of the
court thought capital punishment in itself was cruel and therefore, in contravention of the
Amendment. This resulted in a discussion which eventually halted capital punishments in the
United States for a brief period of time. It was only after Gregg v Georgia in 1976 that capital
punishments were resumed. In the case, the court found that capital punishment is constitutional
only if the jury was bound by concrete sentencing guidelines. Poor conditions in prisons were
also considered under the ambit of ‘cruel and unusual punishments’, as declared by the Court in
Estelle v Gamble and Brown v Plata.

Ninth Amendment

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

The Ninth Amendment acknowledges that there are fundamental rights that exist outside of the
Constitution and that citizens are not only strictly entitled to the rights enumerated in the
Constitution. The rights enumerated in the Constitution is not an explicit and exhaustive list of
individual rights. Several honorable justices of the Supreme Court acknowledged this in Griswold
v Connecticut, in which the Court struck down a statute that prevented the use of contraceptives,
citing a violation of marital privacy. Other important cases that were founded upon the decision in
Griswold v Connecticut are Roe v Wade and Planned Parenthood v Casey.

Tenth Amendment

“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.”

The Tenth Amendment is the last amendment in the Bill of Rights and reserves that any powers
that are not specifically delegated to the federal government and not prohibited by it are reserved
for the States or the people. The purpose of this amendment is to preserve the authority of the
states in all matters that have not been reserved for the federal government. In the case of South
Dakota v Dole, Congress circumvented the Tenth Amendment by invoking the Commerce
Clause in Article One.