Omar Bennett
The US Constitution and the Bill of Rights were written by different groups of people, at different times, and for different purposes. The US Constitution was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states, replacing the Articles of Confederation with a new form of government. The delegates included John Dickinson, Alexander Hamilton, and James Madison. The Constitution was ratified in 1788. The Bill of Rights, on the other hand, was introduced later as a set of amendments to the Constitution, proposed by James Madison and passed by Congress in 1789. The Bill of Rights was influenced by the Virginia Declaration of Rights, written by George Mason, and other English documents such as the Magna Carta and the English Bill of Rights.
| Characteristics | Values |
|---|---|
| Person who proposed the amendments | James Madison |
| Number of amendments proposed | 17 |
| Number of amendments ratified | 10 |
| Date the amendments were proposed | June 8, 1789 |
| Date the amendments were ratified | December 15, 1791 |
| Person who refused to sign the Constitution because it lacked a bill of rights | George Mason |
| Number of states that ratified the amendments | 9 |
| Number of states that were needed for ratification | 10 |
| State whose ratification made the Bill of Rights part of the Constitution | Virginia |
| Date the Constitution was written | Summer of 1787 |
| Location where the Constitution was written | Philadelphia, Pennsylvania |
| Number of states that drafted the Constitution | 12 |
| Number of states that convened to draft the Constitution | 13 |
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What You'll Learn
James Madison's role
James Madison played a pivotal role in drafting, explaining, and ratifying the United States Constitution and the Bill of Rights. Madison, who was a member of the U.S. House of Representatives, was initially opposed to the idea of creating a bill of rights. He believed that the Constitution did not grant the federal government the power to take away people's rights and that any powers not listed in the Constitution reside with the states or the people themselves.
However, opponents of the ratification of the Constitution objected that it contained no bill of rights. To secure ratification, Madison agreed to support adding a bill of rights and even served as its author. Madison introduced a list of amendments to the Constitution on June 8, 1789, and worked relentlessly to secure its passage. He focused on rights-related amendments, ignoring suggestions that would have structurally changed the government. Madison's proposed amendments included guarantees of religious liberty, freedom of speech, and freedom of the press.
Madison also played a crucial role in calling the Constitutional Convention of 1787 in Philadelphia and in shaping the deliberations and the Virginia Plan during the convention. He sought to remedy the weaknesses of the federal government under the Articles of Confederation and address internal injustices within states. Madison was also a prime author of The Federalist, a series of newspaper and pamphlet articles that helped turn public opinion toward ratification.
Overall, James Madison's role in writing the Constitution and the Bill of Rights was significant. He was a strong advocate for individual liberties and worked to address concerns raised by Anti-Federalists, ultimately shaping the foundational documents of the United States.
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George Mason's opposition
George Mason was one of the three delegates who refused to sign the Constitution, as he believed that it did not adequately protect US citizens without a Bill of Rights. He was a planter, politician, Founding Father, and delegate to the US Constitutional Convention in Philadelphia in 1787.
Mason's writings, including substantial portions of the Fairfax Resolves of 1774, the Virginia Declaration of Rights of 1776, and his Objections to this Constitution of Government (1787) opposing ratification, have had a significant influence on American political thought and events. The Virginia Declaration of Rights, which Mason principally authored, served as a basis for the United States Bill of Rights, of which he has been deemed a father.
Mason was also the primary author of the Virginia Constitution, in which he called the British style of government unsatisfactory and described a new governmental structure. He proposed a system with multiple branches and levels, explaining the powers of each part of the government. The Virginia Constitution was an important model for many other state constitutions as well as the official US Constitution. Mason established many important principles of US government, such as separation of powers, which quickly became central to American democracy.
Mason's emphasis on democratic ideals is also reflected in his later work on the Declaration of Rights and his participation in the Federal Convention of 1787. Leading up to the American Revolution, many colonists were unhappy with Great Britain’s governance and felt their rights were being ignored. In July 1774, Mason and George Washington met at Mount Vernon to discuss their rising concerns with the British government. Mason's ideas about democratic processes were also reflected in his views on the militia. Under British rule, militia officers were selected by their rank and length of service. However, Mason felt that officers should be elected annually by the members of the militia, reflecting his support for democratic processes.
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Federalists vs Anti-Federalists
The Federalists and Anti-Federalists were two opposing groups with vastly different beliefs regarding the US Constitution. The Federalists were nationalists who supported the new Constitution, believing it was necessary to strengthen the national government and prevent the disorganisation that had occurred under the Articles of Confederation. They argued that the US government needed the authority to enforce laws and maintain order, and that a powerful president would be more effective at keeping the country safe from foreign attacks. James Madison, a prominent Federalist, wrote that without this authority, the "whole Constitution would be a dead letter".
On the other hand, the Anti-Federalists opposed the ratification of the Constitution, arguing that it would give too much power to the federal government at the expense of the states and the people. They believed that Americans' freedoms were better protected by state governments, as states had a better understanding of their citizens' needs. Robert Yates, an Anti-Federalist from New York, wrote that a supreme federal government would "swallow up all the powers of the state governments" and lead to tyranny.
The Anti-Federalists were never able to organise efficiently across all thirteen states, so they had to fight the ratification at every state convention. One of their successes was in forcing the first Congress to establish the Bill of Rights, which aimed to ensure the liberties that they felt the Constitution violated. James Madison, initially an opponent of the Bill of Rights, eventually introduced a list of amendments to the Constitution in 1789, which became the basis for the Bill of Rights. Madison's amendments focused on rights-related changes, ignoring suggestions that would have structurally altered the government.
The Bill of Rights comprises the first ten amendments to the US Constitution, which aim to protect individual freedoms and limit government power. These amendments include guarantees of freedom of speech, the right to publish, practice religion, possess firearms, and assemble, among other natural and legal rights. The Bill of Rights also explicitly declares that any powers not specifically granted to the federal government by the Constitution are reserved for the states or the people.
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The Massachusetts Compromise
The Anti-Federalists sought to amend the Constitution by including a Bill of Rights as a condition for ratification. On the other hand, Federalists insisted that states had to accept or reject the document without any changes. When the Constitution faced serious opposition in Massachusetts, two noted Anti-Federalists, John Hancock and Samuel Adams, stepped in to negotiate a compromise.
Five other states subsequently voted for ratification, four of which followed Massachusetts' lead by recommending amendments along with their ratification. This compromise helped gather enough support for the Constitution to ensure its ratification and led to the adoption of the first ten amendments, collectively known as the Bill of Rights. These amendments guaranteed individual rights and liberties, addressing the concerns of the Anti-Federalists.
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The Bill of Rights' roots
The roots of the Bill of Rights lie deep in Anglo-American history. In 1215, England's King John, pressured by rebellious barons, sealed the Magna Carta, which protected subjects against royal abuses of power. The Magna Carta included the requirement that prosecutions be according to "the law of the land", a forerunner of "due process of law", and banned the sale, denial, or delay of justice.
In 1628, in response to the arbitrary actions of Charles I, Parliament adopted the Petition of Right, which condemned unlawful imprisonments and required that taxes be imposed only with the consent of Parliament. In 1689, Parliament adopted the English Bill of Rights, which capped the Glorious Revolution that placed William and Mary on the throne. This bill anticipated some of the provisions of the later American document, including the Eighth Amendment's ban on excessive bail and fines and on cruel and unusual punishment.
The idea of written documents protecting individual liberties took root in England's American colonies. The colonial charters, such as the 1606 Charter of Virginia, declared that those who migrated to the New World should enjoy the same "privileges, franchises, and immunities" as if they lived in England. After the Stamp Act of 1765, Americans wrote tracts and adopted resolutions claiming their rights based on the Magna Carta, colonial charters, and the teachings of natural law.
In 1776, after the Declaration of Independence, the American states turned to writing state constitutions and state bills of rights. George Mason was the principal architect of Virginia's Declaration of Rights, which served as a model for other states and, ultimately, for the federal Bill of Rights. This document wove Lockean notions of natural rights with concrete protections against specific abuses.
The United States Constitution was written in the summer of 1787 in Philadelphia, Pennsylvania, by delegates from 12 or 13 states, to replace the Articles of Confederation with a new form of government. It created a federal system with a national government composed of three separated powers and included both reserved and concurrent powers of states. However, the Constitution did not include a bill of rights, which turned out to be an obstacle to its ratification by the states. Many Americans, persuaded by a pamphlet written by George Mason, opposed the new government because it lacked a bill of rights.
James Madison, a member of the U.S. House of Representatives, initially opposed the idea of creating a bill of rights. He believed that the Constitution did not grant the federal government the power to take away people's rights and that any powers not listed in the Constitution resided with the states or the people themselves. However, he later came to appreciate the importance voters attached to these protections and agreed to support adding a bill of rights, even serving as its author. On June 8, 1789, Madison introduced a list of amendments to the Constitution, and "hounded his colleagues relentlessly" to secure its passage.
The House passed a joint resolution containing 17 amendments based on Madison's proposal, which the Senate changed to 12 amendments. By December 15, 1791, three-fourths of the states had ratified 10 of these amendments, now known as the "Bill of Rights". These amendments added specific guarantees of personal freedoms to the Constitution, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble, as well as other natural and legal rights. They also included clear limitations on the government's power, declaring that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people.
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Frequently asked questions
James Madison wrote the Bill of Rights, which is made up of the first ten amendments to the Constitution.
Thomas Jefferson, who wrote to Madison advocating for a Bill of Rights, and George Mason, who wrote a pamphlet opposing the government because it lacked a bill of rights, were also involved in the creation of the Bill of Rights.
The Constitution of the United States was written by 55 delegates to the Constitutional Convention in Philadelphia, Pennsylvania, during the summer of 1787. Some of the key authors of the Constitution were James Madison, Alexander Hamilton, and John Jay. Benjamin Franklin, George Washington, Roger Sherman, and Gouverneur Morris were also delegates to the convention and made significant contributions to the drafting of the Constitution.
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