Today in History ^12/15/17

The Bill of Rights is the first ten amendments to the United States Constitution. Proposed following the oftentimes bitter 1787–88 battle over ratification of the U.S. Constitution, and crafted to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government’s power in judicial and other proceedings, and explicit declarations that all powers not specifically delegated to Congress by the Constitution are reserved for the states or the people. The concepts codified in these amendments are built upon those found in several earlier documents, including the Virginia Declaration of Rights and the English Bill of Rights 1689, along with earlier documents such as Magna Carta (1215). In practice, the amendments had little impact on judgements by the courts for the first 150 years after ratification.

On June 8, 1789, Representative James Madison introduced nine amendments to the constitution in the House of Representatives. Among his recommendations Madison proposed opening up the Constitution and inserting specific rights limiting the power of Congress in Article One, Section 9. Seven of these limitations would become part of the ten ratified Bill of Rights amendments. Ultimately, on September 25, 1789, Congress approved twelve articles of amendment to the Constitution, each consisting of one one-sentence paragraph, and submitted them to the states for ratification. Contrary to Madison’s original proposal that the articles be incorporated into the main body of the Constitution, they were proposed as supplemental additions (codicils) to it. Articles Three through Twelve were ratified as additions to the Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution. Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment. Article One is technically still pending before the states.

Although Madison’s proposed amendments included a provision to extend the protection of some of the Bill of Rights to the states, the amendments that were finally submitted for ratification applied only to the federal government. The door for their application upon state governments was opened in the 1860s, following ratification of the Fourteenth Amendment. Since the early 20th century both federal and state courts have used the Fourteenth Amendment to apply portions of the Bill of Rights to state and local governments. The process is known as incorporation.

There are several original engrossed copies of the Bill of Rights still in existence. One of these is on permanent public display at the National Archives in Washington, D.C.

The Bill of Rights, twelve articles of amendment to the to the United States Constitution proposed in 1789, ten of which, Articles three through twelve, became part of the United States Constitution in 1791. Note that the First Amendment is actually “Article the third” on the document, Second Amendment is “Article the fourth”, and so on. “Article the second” is now the 27th Amendment. “Article the first” has not been ratified.