December 23, 2008
'Tis the season to be spending!
But in January, the joy of giving will give way to the pain of "payment due." Bills are not pleasant for anybody, but there is one bill that all Americans should be thankful for—the Bill of Rights.
Last Monday was the 217th birthday of the Bill of Rights. This cherished document provides some great insights into the principles the Founding Fathers prized. In it they listed some of the fundamental rights they believed were due every American and the restrictions on government they felt were necessary to preserve our liberties.
Controversy Over the Bill of Rights
The Bill of Rights was controversial in its time. While the Founders largely agreed on many basic human rights, there was disagreement over whether to include a list of such rights in the Constitution. Patrick Henry, Virginia's first governor, was a strong advocate for enumerating our rights in America's governing document.
Henry believed that the enumeration of specific core rights would provide important protection for human freedom against the new federal government established by the Constitution. As he described it, "The rights of conscience, trial by jury, liberty of the press, all your immunities and franchises, all pretensions to human rights and privileges, are rendered insecure, if not lost, by this change [in the form of our government], so loudly talked of by some, and inconsiderately by others.... Is it necessary for your liberty that you should abandon those great rights by the adoption of this system? Will the abandonment of your most sacred rights tend to the security of your liberty? Liberty, the greatest of all earthly blessings—give us that precious jewel, and you may take every thing else!"
Henry's concerns have been proved valid, as the growth of federal power since the adoption of the Constitution in 1787 has often been checked by the rights set forth in the Bill of Rights. It is important to recognize, however, that the Founders did not see the Bill of Rights as a document granting new rights to the people. Rather, they saw it as the written enumeration of specific rights already held by the people.
Some of the Founders argued that a listing of rights was not necessary or wise. Alexander Hamilton believed that the Constitution as written already secured the necessary rights, while others, including James Madison, were concerned that enumerating some rights would undermine rights that were not enumerated. Madison worried, "My own opinion has always been in favor of a bill of rights; provided that it be so framed as not to imply powers not meant to be included in the enumeration."
Bulwark of Freedom
Despite these various opinions, the Bill of Rights was eventually accepted as a sound addition to the Constitution. Its acceptance enabled the ratification of the Constitution by providing the freedom-loving Anti-Federalists with a safeguard for their liberties against a new federal government they mistrusted. Thomas Jefferson believed that a Bill of Rights, despite its imperfections, would be a net boon to the people. In writing to James Madison, he said, "A positive declaration of some essential rights could not be obtained in the requisite latitude.... Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can.... The declaration of rights will be the text whereby they will try all the acts of the federal government." In the end, the Bill of Rights proved so important that five states ratified the Constitution only on the condition that the Bill of Rights would be added to it.
Such an important document in the founding of our government should be known to all, but how many of these core liberties can the average citizen recite today? Many are aware of the right to free speech, but what about the many other liberties guaranteed by the Bill of Rights?
First Amendment
