“I’m an American; I have RIGHTS!”

In December 1941, President Roosevelt, praising “the great American charter of personal liberty and human dignity,” designated the first ‘Bill of Rights’ day by declaring:

“Now, Therefore, I, Franklin D. Roosevelt, President of the United States of America, do hereby designate December 15, 1941, as Bill of Rights Day. And I call upon the officials of the Government, and upon the people of the United States, to observe the day by displaying the flag of the United States on public buildings and by meeting together for such prayers and such ceremonies as may seem to them appropriate.”

The date was chosen as an homage to the day the Bill of Rights was ratified, which occurred on December 15, 1791. Troubled by Anti-Federalists, who sought to change what they saw as a “radically defective” Constitution that gave Congress “great and uncountroulable (sic) powers” it could use to “annihilate all the state governments and reduce this country to one single government” (according to an essay written by Anti-Federalist Brutus). Anti-Federalists called for a second constitutional convention to amend all that was wrong with the current Constitution.

Massachusetts proposed nine amendments. New York followed suit with thirty-one of its own, soon to be joined by North Carolina with twenty-six, and Virginia with twenty.

The Anti-Federalists hadn’t been able to prevent the Constitution from being ratified, but they were rapidly succeeding in sowing seeds of distrust and dissatisfaction with the document, creating a climate of opinion favorable to fundamentally revising it.

James Madison, who played an important role in drafting the Constitution and in pushing for its ratification as co-author of “The Federalist Papers” with Alexander Hamilton and John Jay, proposed an idea that would give the appearance of appeasement to the Anti-Federalists while also maintaining the structural integrity of the Constitution: “in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.”

These first ten amendments, which later became known as the Bill of Rights, was inspired by both the English Bill of Rights, which limited the power of the monarchy by giving more power to Parliament, and outlined individual rights such as freedom of speech; and the Virginia Declaration of Rights, which was written by politician George Mason in 1776, and stated that “all men are by nature equally free and independent,” and the “government is, or ought to be, instituted for the common benefit, protection, and security, of the people, nation, or community.”

The Bill of Rights Madison proposed, however, isn’t exactly what we find at the end of Constitution today. For starters, Madison’s list was originally a lot longer. The House agreed on a version of the Bill of Rights that had 17 amendments, and later, the Senate consolidated the list to 12 amendments. In the end, the states only approved 10 of the 12 amendments in December 1791.

Interestingly, one of two amendments rejected by the states was eventually ratified after a college sophomore named Gregory Watson wrote a paper outlining why Madison had been right in proposing that Congress couldn’t give itself a raise until after the next election, so constituents could decide whether or not the raise is deserved. While Watson ended up with a C on his paper, he became so passionate about the topic that he went on to lobby lawmakers, ultimately convincing 38 state legislatures about the need to restricted the ability of Congress to change the pay of a sitting Congress while in session.

It became the 27th amendment in 1992.

The other original proposed amendment not ratified dealt with the number of representatives in Congress, based on the 1789 population.

What’s interesting about Madison’s solution, however, is that not a single one of its ten amendments is actually an amendment. The Bill of Rights’ provides clarity; they spell out certain vital components of liberty. What they don’t do is amend, alter, or modify any of the articles of the Constitution. (The first real modification of the Constitution was brought about by the Eleventh Amendment, which restricted the scope of judicial power enunciated in Article III.)

And none of the structural amendments favored by the Anti-Federalists made its way into the Bill of Rights. As the political theorist Herbert Storing observed: “the primary significance of the Bill of Rights is seen most clearly in what it does not include.”

The Anti-Federalists were obviously irate. Aedanus Burke, a Congressman from South Carolina, complained the Bill was “little better than whip-syllabub, frothy and full of wind, formed only to please the palate.”

But Madison’s plan had worked. The people’s main concern had always been the protection of individual rights, and Madison’s had given them a document outlining exactly that. It was enough to smother the threatening flames of the Anti-Federalists and secure overwhelming support for the Constitution.

And far from being “frothy,” the Bill of Rights remains one of the most important documents in American history, reminding each one of us of our rights as American citizens. Can you recite all 10? (If not, no worries: I’ve outlined them below ).

Happy Bill of Rights Day!

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.