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Discussion Bill of Rights Essay

The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. The Bill of Rights lists freedoms not specifically identified in the main body of the Constitution. These freedoms are freedom of religion, freedom of speech, a free press, and free assembly; the right to keep and bear arms; freedom from unreasonable search and seizure, security in personal effects, and freedom from warrants issued without probable cause; indictment by a grand jury for any capital or “infamous crime”; guarantee of a speedy, public trial with an impartial jury; and prohibition of double jeopardy. In addition, the Bill of Rights reserves for the people any rights not specifically mentioned in the Constitution and reserves all powers not specifically granted to the federal government to the people or the States.

Originally the amendments applied only to the federal government, however, most were subsequently applied to the government of each state by way of the Fourteenth Amendment, through a process known as incorporation. On June 8, 1789 Representative James Madison introduced a series of thirty-nine amendments to the constitution in the House of Representatives. Among his recommendations Madison proposed opening up the Constitution and inserting specific rights limiting the power of Congress in Article One, Section 9. Seven of these limitations would became part of the ten ratified Bill of Rights amendments. Ultimately, on September 25, 1789, Congress approved twelve articles of amendment to the Constitution and submitted them to the states for ratification.

Contrary to Madison’s original proposal that the articles be incorporated into the main body of the Constitution, they were proposed as “supplemental” additions to it. On December 15, 1791, Articles Three–Twelve, having been ratified by the required number of states, became Amendments One–Ten of the Constitution. The Bill of Rights has had much judicial impact for 150 years of its existence, but was the basis for many Supreme Court decisions of the 20th and 21st centuries. One of the first fourteen copies of the Bill of Rights is on public display at the National Archives in Washington, D.C.

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