The Bill of Rights Day Committee
The
Bill of Rights
Frequently Asked Questions
What is the Bill of Rights?
Why was it passed?
Does the Bill of Rights apply to state or local governments?
Why does the Bill of Rights still matter after more than 200 years?
What if a person doesn't approve of some parts of the Bill of Rights?
Is the Bill of Rights available in a modern-English version?
Is the Bill of Rights available in other languages?
So what exactly is a "Bill of Rights culture" and why should we want one?
Where can I get more information about the Constitution and the Bill of Rights?
The Bill of Rights is the name for the first 10 amendments to the United States Constitution. These amendments describe fundamental rights that the founders of the country believed every citizen (and indeed, every human being) is entitled to.
These rights include such things as trial by jury, free speech, freedom to practice (or not practice) religion, freedom from cruel and unusual punishment, freedom to own and use firearms, freedom from arbitrary searches and property seizures by government -- and much, much more.
The Constitution was passed in 1787 and the Bill of Rights was added in 1791. But the Bill of Rights was absolutely required by the founders. Some states refused to ratify the Constitution unless a Bill of Rights was added. Because Americans had just escaped one tyranny, they were very worried that a strong central government might turn tyrannical. The Bill was designed to prevent that from happening.
You can read the Bill of Rights for yourself here.
Several important things to note:
1. The Bill of Rights is a list of things the government is forbidden to do (for instance, government can't search your house or possessions without a warrant, force you to give evidence against yourself in a criminal case, or impose a state religion).
2. The Bill of Rights did not create or grant any rights. It merely protected rights that all human beings are born with and that all human beings are entitled to by their very nature.
3 Although we call them 10 separate amendments, they were all passed at the same time, en masse. Some states refused to ratify the Constitution unless all 10 amendments were added. This shows the importance of respecting all rights, even when we don't understand or we disagree with one of them.
4. The 9th and 10th amendments, which few people pay attention to these days, may be the most important of all. Together, they make it clear that 1) the federal government has only those powers that are specifically granted to it in the Constitution and 2) the individual citizens of these United States have many more rights than are specifically listed in the Bill.
The Bill of Rights was passed because Americans, who had just overthrown the tyranny of British rule, were afraid their own newly created central government might eventually become tyrannical.
The entire purpose of the Bill of Rights was to limit government power—to post a "no trespassing sign." The Bill of Rights says, "Government cannot go here."
Does the Bill of Rights apply to state or local governments?
When it was originally passed, the Bill of Rights was applied only to the federal government. After the War Between the States, the 14th Amendment applied the Bill of Rights to all U.S. government bodies.
Why does the Bill of Rights still matter after more than 200 years?
The Bill of Rights may matter even more now than it did in 1791, when it was added to the Constitution. Back then, Americans had recently defeated a tyrant and were leery of government power.
Today, we've grown so used to thinking of our government as a force for good that we forget how any government can brutalize people and trample on their rights.
If we understand and abide by the Bill of Rights, government abuses would be severely limited and promptly redressed.
Here are just a few of the benefits we'd gain:
- No government agency would ever snoop into you bank account or your income without a warrant.
- You'd be free to defend yourself against criminals without fear or prosecution.
- Police would never stop you on the road just to check your papers or subject you to arbitrary questioning.
- Regulators wouldn't just walk into your business and start demanding your cooperation "or else."
- Government would have no authority to grow and grow and spend and spend without limit.
- Your property couldn't simply be seized without either compensation or a court judgment.
- What you earn would belong to you and you could spend it on those things you chose to spend it on, rather than having to finance whatever government or special interest groups demand.
And much, much more. You would, in short, be free—and no longer fear your government.
What if a person doesn't approve of some parts of the Bill of Rights?
If we want our own rights respected, we must respect the rights of others. Often we don't like what others do (and they don't like what we do). But if we put every law to the "Bill of Rights" test, the result would be that, as long as people behaved peaceably and did not commit aggressive violence or fraud, we could respectfully choose to work together or leave each other alone. We wouldn't have to worry that we might be violating one of thousands of obscure federal laws because the Bill of Rights wouldn't allow those laws to exist. We couldn't use the law as a club against the peaceful activities of our neighbors—nor could they use the law as a club against our own peaceful activities.
The Bill of Rights is not only a blueprint for freedom from tyranny. It's a blueprint for mutual respect of liberties.
Is the Bill of Rights available in a modern-English version?
Yes. You'll find the original text of the Bill of Rights, with a modern-English explanation of each article here.
Is the Bill of Rights available in other languages?
Yes. You'll find the Bill of Rights in 11 languages here.
So what exactly is a "Bill of Rights culture" and why should we want one?
This is explained here
Where can I get more information about the Constitution and the Bill of Rights?
The Constitution Society; a guide to both historical documents and modern abuses and usurpations of the Constitution and Bill of RightsInformation on the founding fathers, the history of the American Revolution, and more
National Archives site on the Bill of Rights
Grolier Encyclopedia entry on the U.S. Constitution
The Bill of Rights: A Brief History (from the ACLU)
Text of the Constitution, including the Bill of Rights and all subsequent amendments
Texts on the Constitution, including historical influences and other founding documents
Bill of Rights Defense Committee (primarily promoting free speech, freedom from arbitrary police investigations, etc.)