Omar Bennett
The original Bill of Rights contained 12 amendments, not 10. On September 25, 1789, Congress approved a Senate-proposed version of the Bill of Rights, which was first written by James Madison. The enrolled version of the Bill of Rights was approved before being sent to 11 states for ratification on October 2, 1789. By 1791, the states had ratified 10 of the 12 amendments, which became known as the Bill of Rights. The two lost amendments called for one representative in Congress for every 30,000 people and for congressional salary changes to only take effect after the next election.
| Characteristics | Values |
|---|---|
| Date proposed | September 25, 1789 |
| Number of amendments | 12 |
| Number of amendments ratified | 10 |
| Date ratified | December 15, 1791 |
| Number of states that ratified | 11 |
| Number of representatives per 30,000 people | 1 |
| Number of current representatives | 435 |
| Number of representatives if the amendment was ratified | >6,000 |
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What You'll Learn
The original First Amendment
The enrolled version of the Bill of Rights, approved on September 25, 1789, is preserved at the National Archives in Washington, D.C. This document proposed 12 amendments to the Constitution, not 10. The original First Amendment, along with the original Second Amendment, are often referred to as the "lost" amendments.
The 10 ratified amendments, now known as the Bill of Rights, were ratified on December 15, 1791, when Virginia became the 11th state to ratify them. Three states ratified the Bill of Rights much later, in 1939: Massachusetts, Connecticut, and Georgia. These 10 amendments form the basis of individual rights and freedoms in the United States and continue to profoundly affect the nation.
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The original Second Amendment
The Second Amendment to the United States Constitution, which is often referred to as the "Right to Keep and Bear Arms," was ratified on December 15, 1791. The enrolled original Joint Resolution passed by Congress on September 25, 1789, reads as follows:
> "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."
The Second Amendment has been the subject of much debate and controversy, with Federalists and Anti-Federalists holding differing views on the issue of gun ownership. Anti-Federalists feared that the shift of military authority from the states to the federal government threatened individual rights, while Federalists argued that an armed populace would be able to resist any potential threat to liberty posed by a standing army.
During the early years following the ratification of the Second Amendment, there was widespread opposition to standing armies, and a general reluctance to create a professional armed police force. Instead, local law enforcement relied on county sheriffs, constables, and night watchmen to enforce ordinances.
The Second Amendment's original purpose was primarily as a safeguard against foreign invasion and federal government overreach. However, over time, its focus shifted towards ensuring the safety and protection of individual rights, including life, liberty, and property.
In 2008, the Supreme Court's District of Columbia v. Heller decision affirmed that the Second Amendment protected the right of all citizens to possess weapons for self-defence, not just for service in a state-run militia. This ruling sparked increased political and social commentary on the Second Amendment in the following years.
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The Bill of Rights
The two original amendments that were not ratified by the states in 1791 addressed the size of the House of Representatives and congressional pay. The original First Amendment stated a formula for determining the size of the House of Representatives based on the population of the United States in 1789. The original Second Amendment stated that congressional salary changes could only take effect after the next election of the House of Representatives, meaning that members of Congress could not increase their own salaries.
Although these two amendments were not initially ratified, the original Second Amendment was eventually ratified in 1992, 203 years after it was first proposed, and became the 27th Amendment.
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State ratification
The original Bill of Rights contained 12 amendments, although only 10 were ratified and adopted by the states at that time. The two "lost" amendments are:
- For every 30,000 people, there will be one representative in Congress.
- Congressional salary changes can only take effect after the next election of the House of Representatives.
These proposed amendments fell short of approval by enough states to be included in the Constitution.
The state ratification process for the first 10 amendments, or the Bill of Rights, took place between 1789 and 1791. One by one, the states ratified these amendments to the nation's new Constitution. On September 25, 1789, Congress approved a Senate-proposed version of the Bill of Rights, which was then sent to the states for ratification. This version proposed 12 amendments to the Constitution.
The process of ratification begins with Congress, which proposes an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. The proposed amendment is then submitted to the states for their consideration. Each state legislature then debates and votes on the proposed amendment. For an amendment to be ratified, it must be approved by three-fourths of the state legislatures, or by conventions in three-fourths of the states, as determined by Congress.
In the case of the Bill of Rights, Virginia became the 11th state to ratify the amendments on December 15, 1791, and thus amendments 3 through 12 became part of the Constitution. These first 10 amendments were thereafter collectively known as the Bill of Rights. Once ratified by three-fourths of the states, the amendments became law, and there was no legal need for any further ratifications.
However, it is worth noting that three states ratified the Bill of Rights much later, in 1939, symbolically ratifying the 10 amendments on the anniversary of their original ratification. These states were Massachusetts, Connecticut, and Georgia.
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Congress and James Madison's role
Congress played a crucial role in the creation and ratification of the original 12 amendments, which later became known as the Bill of Rights. On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. These amendments were designed to address concerns raised by some Americans, who were opposed to the new government, particularly due to the lack of a bill of rights.
The process began with James Madison, who introduced a list of amendments to the Constitution on June 8, 1789. Initially, Madison was against the inclusion of a bill of rights, but he eventually recognised the importance voters attached to these protections. He also saw it as an opportunity to educate people about their rights and prevent opponents from making drastic changes to the Constitution. Madison started with 20 amendments and a separate preamble to the Bill of Rights.
The House of Representatives debated and amended Madison's proposal, approving a version with 17 amendments. The proposed Bill of Rights then went to the Senate, which made further revisions, resulting in a document with 12 amendments. This joint resolution, containing the 12 amendments, was adopted by Congress on September 25, 1789.
James Madison, often referred to as the "chief author" of the Bill of Rights, played a central role in this process. He focused on rights-related amendments, aiming to win support in both houses of Congress and the states. Madison's efforts were driven by his commitment to individual liberties, religious liberty, freedom of speech, and freedom of the press.
On October 2, 1789, President Washington sent copies of the 12 amendments to the states for ratification. By December 15, 1791, three-fourths of the states had ratified 10 of these amendments, which then became known as the Bill of Rights. The original First and Second Amendments did not receive enough support for ratification at that time. The Second Amendment, relating to congressional pay, was eventually ratified in 1992 as the 27th Amendment.
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Frequently asked questions
The original 12 amendments were proposed by Congress and sent to the states for ratification in 1789. They were open-ended, meaning there was no set time limit for ratification.
Only 10 out of the 12 amendments were ratified by the states and adopted at the time. We now know these 10 amendments as the Bill of Rights.
The original first amendment stated that for every 30,000 people, there should be one representative in Congress. The second amendment stated that congressional salary changes can only take effect after the next election of the House of Representatives.
The original 10 amendments were ratified on December 15, 1791, when Virginia became the 11th state to ratify them.
