From the Writer’s Almanac:
It was on this day in 1791 that the Bill of Rights was adopted by the United States. It was the lack of a bill of rights that made the Constitution so controversial a few years before. Many people feared that the adoption of a strong central government could lead to tyranny unless certain rights were guaranteed to the people in writing. Patrick Henry refused to endorse the Constitution for that reason. Thomas Jefferson supported the new constitution, but when he read the first draft in France, he wrote a letter to James Madison saying, “Let me add that 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 inferences.”
It was James Madison who finally realized that bill of rights was essential to passage of the Constitution, and he promised all the states that a Bill of Rights would be immediately adopted upon the Constitution’s ratification. Madison introduced the bill of rights into the first session of congress in 1789, and he used George Mason’s Virginia Bill of Rights as the model for the new federal Bill of Rights. Madison originally supported the adoption of seventeen amendments, which was eventually trimmed to twelve, of which ten were adopted.
The rights that were included in the Bill of Rights were directly related to the recent experiences of the colonists. Many colonists had come to this country to get away from religions oppression, so the Bill of Rights protected the free exercise of religion. During the Revolutionary War, colonists had seen printers and journalists jailed and executed when they had opposed the British king, so the Bill of Rights protected the freedom of speech and the press.
The colonists had seen what ordinary citizens with guns could do when they had to fight a revolution against an oppressive government, and so the Bill of Rights protected the right to bear arms and raise militias. Many colonists had been forced to take British soldiers in their houses during the Revolutionary War, and they had also been subject to random searches and seizures by British police. So the Bill of Rights protected citizens against unreasonable searches and seizures, and against the quartering of soldiers. Colonists had seen people thrown into dungeons for no reason, had seen people tortured into giving confessions, had seen inquisitions go on for months, during which the accused were worn down by lengthy interrogations. And so the Bill of Rights gave citizens the right to due process of law, a speedy trial, the right to call witnesses, and the right to use a lawyer in one’s own defense.
Let’s see; war in 1776, the first Constitutional Congress in 1789, no Bill of Rights until 1791 — my goodness, do you think the Brits back then were saying the situation was too unstable for this democracy experiment to ever take root? We know better now, don’t we?
