About the Bill of Rights

The Bill of Rights is a document containing the first ten amendments to the United States Constitution. It was drafted to ensure personal liberties against the potential tyranny of the central government. Several state conventions requested the Bill of Rights when they formally ratified the Constitution. The Bill of Rights is seen as a pillar of the United States political system.

History

On September 25, 1789, founding-father James Madison introduced the Bill of Rights to the First Congress of the United States. It was designed to address the concerns of those who opposed the United States Constitution. It was very controversial at the time. Alexander Hamilton opposed it, while Thomas Jefferson supported it. There were actually twelve amendments in the document. The first one, about how many people a Representative should represent, and the second, about changing pay of congressmen, were not ratified. The remaining ten were made the law of the land on December 15, 1791 when they were ratified by three-fourths of the states. They became known as the Bill of Rights.

Significance

The first amendment in the Bill of Rights is often seen as the most significant. 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." This is referred to as the right of free speech. It is what allows Americans to criticize their government without fear of retribution. The second amendment is significant because of the controversy it provokes. 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." This is referred to as the right to bear arms. It is used as an argument against gun control.

Benefits

The third amendment says that the government cannot quarter a soldier in your home in peacetime and can only do it during war by an act of law. This was a response to the British forcing colonists to let soldiers live in their homes before the end of the Revolutionary War. The fourth amendment protects Americans from unlawful searches and seizures. This is why police must get a warrant before searching you or your property without probable cause.

Identification

The next three amendments identify rights in court. The fifth amendment is often referred to as the right against self-incrimination. It states that you are not required to testify against yourself and incriminate yourself in a crime. It also says you must be compensated if your property is taken for public use and addresses double jeopardy. It says you can't be tried for the same crime twice. The sixth amendment guarantees your right to a speedy trial, to be informed of the charges against you, to face your accusers, to have witnesses in your own defense and to defense counsel. The seventh amendment guarantees your right to a jury trial.

Prevention/Solution

The last three amendments are designed to prevent abuse of federal power. The eighth amendment states that the government cannot require excessive bail, impose excessive fines or inflict "cruel or unusual punishment." The ninth amendment says the government cannot expand its power to restrict citizens' rights even if they are not specifically stated in the Constitution. This is supposed to prevent the government from using the Constitution to limit rights. The tenth amendment states that power not given to the federal government by the Constitution and not prohibited by the states are reserved for the states or the people. It was a concession to state's-rights advocates who feared a strong federal government.