American Freedom. Source: Unsplash

Americans owe many of the liberties they enjoy today to the Bill of Rights. The original Constitution from the Philadelphia Convention of 1787 did not include freedom of speech, worship, and due process. But these and other vital civil rights were stipulated in the first 10 amendments to the U.S. Constitution ratified in 1791– also known as the Bill of Rights. Major law firms like Schmidt & Clark, today still look into this document and consider it as legal grounds for cases.
Although this has existed since its ratification, there are some historical tidbits that some people may have forgotten or are not entirely aware of. Hence, here are 7 facts about the Bill of Rights that you should know.

1. Why it wasn’t in the Original Constitution

You might be wondering why the Bill of Rights was just added three years after the Constitution in 1788. During this convention, George Mason, a delegate from Virginia, actually proposed to append it, believing it was for the betterment of the people. However, state delegations, mostly antifederalists, unanimously dismissed this proposal. They deemed it unneeded since state constitutions already had guaranteed rights included. Others even saw it as limiting, implying that people might get the idea that these were the only rights they can practice. However, according to historian Richard Beeman, there was another reason more trivial than these. Delegates have spent four months of discussion in a stuffy, uncomfortable room and they did not want any reason to extend the convention. After some time, they saw the absence of a bill of rights as a lapse and included it eventually.

2. The Author

James Madison, who already had a hand in the original constitution, stepped up to a draft of the bill of rights. He wrote a few more amendments, 19 to be exact, in his first draft than what the document has today. The number eventually dwindled to 17 by the House, and then 12 by the Senate. Three months after his proposal, 10 amendments were finalized.

3. Inspired by the Virginia Declaration of Rights

Madison drew great inspiration from the Virginia Declaration of Rights. George Mason wrote the latter, the same person who initially suggested the idea in the 1788 Constitutional Convention. The same document is recognized to be the first constitutional protection of individual rights. It believed that “all men are by nature equally free and independent,” and that “government is, or ought to be, instituted for the common benefit, protection, and security, of the people, nation, or community.” The document also served as a roadmap for other significant decrees like the U.S. Declaration of Independence and France’s Declaration of the Right of Man and of the Citizen.

4. The English Bill of Rights

Though America had just fought for its independence from Britain, another inspiration for the Bill of Rights is the English law of the same name. The two documents abide by similar guarantees such as the right to lobby and protection against “cruel and unusual punishments”. The English Bill of Rights restricts the power of the monarchy by allowing more control from the Parliament. It also emphasized individual liberties such as freedom of speech.

5. Not for All Americans for 130 Years

Though it may appear inclusive, the Bill of Rights did not apply to many individuals and sectors until 130 years after its ratification. Courts hardly followed the stipulation, and discrimination was still rampant and legal. During its approval, people assumed that the amendments only applied to land-owning white men. In 1868, Black people acquired equal rights and protection under the law only on paper. Women did not have suffrage in all states before 1920, and Native Americans were not considered full citizens until 1924.

6. Bill of Rights Day

Bill of Rights Day did not come into fruition until 1941 when then-President Franklin D. Roosevelt made it a National Holiday. It was the document’s 150th anniversary. He deemed it as “the great American charter of personal liberty and human dignity.” Days after his speech, the Japanese raided Pearl Harbor, and the government had to halt celebrations.

7. Its Importance

The original constitution was a significant milestone in itself, establishing the democratic nature of the government. And the Bill of Rights was founded on its fundamental nature. It is a testament and a symbol of amending the constitution to create a more harmonious country. The document reinforced the free will and choice of Americans – from speaking one’s truth to choosing a group you belong to. For more than 200 years, the Bill of Rights has molded the American identity.

Author: Elaina Grante
Legal Liaison of Schmidt & Clark