December 15, 2006 marks the 215th birthday of the American Bill of Rights. On this date in 1791, The Bill of Rights became part of the United States Constitution. As Thomas Jefferson remarked in his 1787 letter to James Madison, “A bill of rights is what the people are entitled to against every government on Earth, general or particular, and what no just government should refuse, or rest on inference.”
The ten amendments that became the Bill of Rights were drafted by Madison on the model provided by George Mason’s Virginia Declaration of Rights. James Madison’s effort was intended as a response to the anti-federalists who criticized the Constitution for creating a central government that was far too powerful because they were inclined to the belief that overly powerful governments tend easily to encroach on the fundamental liberties of individuals. The ratification of the Constitution of the United States of America was predicated on the Massachusetts Compromise. That compromise provided that Massachusetts, New Hampshire, New York and Virginia would ratify the proposed Constitution with the provision that the document would be amended to protect the most basic rights of the American people. The Bill of Rights encompassed those protections.
The criticism of the anti-federalists was essentially based on the realistically pragmatic viewpoint that ambitious men and women invested with the authority of government tend to look for ways to increase their power at the expense of those they govern. Two Hundred and fifteen years in retrospect we can sadly see that their criticism was far more prophetic than cynical. Furthermore, it is also plainly evident that, despite the dedicated hard work and intense debate necessary to carefully craft those protections with words of irrefutable clarity and purpose, the clever manipulations of those ambitious individuals who came later in our country’s history have managed to effectively cast shadows of ambiguity over the simple principles our forefathers so clearly expressed.
Amendment I
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.
Amendment II
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.
Amendment III
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.
Amendment IV
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.
Amendment V
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 offense 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.
Amendment VI
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.
Amendment VII
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 reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
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.