The Bill of Rights

My Questions Why were the Bill of Rights written? Why are historical precedents important to the Bill of Rights? Cite two examples in which certain amendments were implemented due to historical precedents.

Bill of Rights One of the reasons that the Constitution was approved by all of the states is because Federalists promised the Antifederalists that they would provide a “Bill of Rights” that would protect the rights of all citizens. After the Constitution was ratified, the first Congress—led by James Madison—got to work on the Bill of Rights.

Historical Precedents to the Bill of Rights Madison and his fellow congressmen did not create the Bill of Rights out of thin air. Instead they looked to historical precedents that determined what individual rights needed to be protected. Documents like the Magna Carta, the English Bill of Rights of 1689, and the Virginia Declaration of Rights offered ideas about what rights to include. Also they remembered the events prior to the Revolution that they were upset with, like the quartering of British soldiers and British restrictions against assembling in Boston.

Amendments 1-3 The first nine amendments protected individual rights. The first amendment guaranteed citizens the freedom of speech, press, assembly, and religion. (Historical Precedent: 1776 Virginia Declaration of Rights). The second amendment allowed citizens the right to bear arms. (Historical Precedent: American Revolution and other state constitutions). The third amendment stated that citizens did not have to quarter troops in their houses or private property. (Historical Precedent: Quartering Act of 1765)

Amendments 4-5 Amendments four through eight are meant to guarantee a fair trial for all citizens. The fourth amendment protects all citizens from unreasonable search and seizure. (Historical Precedent: 1698 Bill of Rights). The fifth amendment states that all citizens have the right to not incriminate themselves and cannot be tried for the same crime again (double jeopardy). (Historical Precedent: 1215 Magna Carta).

Amendments 6-8 The sixth amendment guarantees convicted citizens a speedy and public trial decided by an impartial jury. (Historical Precedent: 1215 Magna Carta). The seventh amendment guarantees that certain civil court cases must be decided by an impartial jury. (Historical Precedent: 1215 Magna Carta). The eighth amendment protects convicted citizens from excessive fines and cruel and unusual punishment. (1689 English Bill of Rights).

Amendment 9-10 The ninth amendment states that certain rights not listed in the Constitution are retained by the people. The tenth amendment states that certain powers not given to the national government are retained by the states. Madison and other Federalists wrote these last two amendments in a vague manner because they did not want to limit the power of the federal government too much.