You probably celebrate Independence Day. Will you celebrate Bill of Rights Day?
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.
Proclamation 2524—Bill of Rights Day
On September 25, 1789, the first Congress of the United States of America fulfilled a promise and passed a Joint Resolution proposing a Bill of Rights to the states for ratification. On December 15, 1791, ten of the 12 amendments from that Joint Resolution of Congress were ratified. On this 228th anniversary of this historical occurrence, all Americans should observe the day, not just by displaying the flag, but by learning more about our Bill of Rights.
Ratification of the Constitution
When the Constitution was sent to the states for ratification, several of them were concerned that there weren’t any protections for individual rights included. This was due in no small part to the work of George Mason, one of three delegates to the convention who refused to sign the Constitution because it did not include a Bill of Rights. At the time there were two groups vying for influence on the Constitution and its ratification: The Federalists and the Anti-Federalists.
The Federalists were in favor of a powerful central government and did not believe a Bill of Rights was needed. This was based on the idea that since the power to infringe on the people’s rights was not explicitly delegated to the new federal government, they would have no authority to do so. Federalists were concerned that by listing rights in the Constitution, people in government would one day believe that gave them the authority to regulate it.
The Anti-Federalists were concerned about the abuses a powerful central government might inflict on the people. They were concerned that by not explicitly protecting the rights of the people, that central government would one day take upon themselves the authority to do so.
History has shown that both sides were correct.
The proposed Constitution was not going to be ratified. Then two Anti-Federalists in Massachusetts came up with an idea. They would be willing to support ratification of the Constitution if the first Congress submitted a Bill of Rights as amendments to it. Other states agreed, and the Constitution was ratified.
Preamble
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, 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.
The Preamble to The Bill of Rights
The Bill of Rights starts with a preamble that describes not only what these amendments are, but a large part of why we have them. Since a number of states were concerned about the protection of rights in the new union, the proposed amendments were created to “prevent misconstruction or abuse of its power”. This was done with “further declaratory and restrictive clauses”, but restrictive on who?
The answer is, restrictive on government. That is why the Bill of Rights is made up predominantly of things governments are not allowed to do along with a few things governments are required to do. For example, Congress cannot pass laws restricting the free exercise of religion, speech, press, peaceable assembly, or petition. Governments cannot restrict your ability to keep and bear arms, have a trial by jury, or quarter troops in your home without your permission. Governments are required to gain a valid warrant before searching or seizing you or your property, make sure you can call witnesses in your favor at trial, and compensate you if your property is taken for public use.
Sure, the Bill of Rights was a tactic used to gain support for ratification of the Constitution, but that was not its only purpose. By specifically protecting the rights of the people, these amendments helped extend public trust in their government. Sadly, in America today public trust in government has fallen to an all-time low, in large part because the government no longer follows the Constitution. They ignore the Bill of Rights when it is inconvenient and the courts bless it as long as they can show a “compelling interest” in infringing on your rights.
State of the Bill of Rights
As I said before, history has shown that both the Federalists and Anti-Federalist were right.
The Anti-Federalist’s had good reason to be concerned about a powerful central government. Much like the monarchy we declared independence from, Washington, D.C. today seems bent on infringing on the very rights they were created to protect. The Federalist notion that the central government would not restrict rights because they were not granted the power to do so has proven to be as thin as tissue paper. Our rights that are to be protected by the first ten amendments are being infringed upon each and every day, yet the people do nothing.
The Federalists’ concern that by listing rights someone would one day believe that gave them the right to regulate them has also proven to be correct as well. We find the government regulating the exercise of religion in the name of separation of church and state, and regulating the ability to keep and bear firearms. They also grant themselves the authority to ignore your right to be secure in your person, houses, papers, and effects, as long as they can come up with a reason they think is good enough.
Until the American people learn for themselves what is, and is not, in the Bill of Rights, it will remain as useful as ink on parchment. Only when we use the words on the page and the ideas they represent to choose our elected representatives and hold them accountable for their actions, will the Bill of Rights once again extend the ground of public confidence in our governments. So today, pick up your copy of the Constitution, or find it online, and read the Bill of Rights for yourself. If you want to learn more, you can read my book The Bill of Rights, along with my other works at the Constitution Study Book Store.
May you have a wonderful and educational Bill of Rights Day.
