who is the primary author of the bill of rights?

who is the primary author of the bill of rights?

who is the primary author of the bill of rights?

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The Bill of Rights: How Did it Happen?

Writing the Bill of Rights

The amendments James Madison proposed were designed to win support in both houses of Congress and the states. He focused on rights-related amendments, ignoring suggestions that would have structurally changed the government.

Opposition to the Constitution

Many Americans, persuaded by a pamphlet written by George Mason, opposed the new government. Mason was one of three delegates present on the final day of the convention who refused to sign the Constitution because it lacked a bill of rights.

James Madison and other supporters of the Constitution argued that a bill of rights wasn’t necessary because – “the government can only exert the powers specified by the Constitution.” But they agreed to consider adding amendments when ratification was in danger in the key state of Massachusetts.

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who is the primary author of the bill of rights?
who is the primary author of the bill of rights?

Introducing the Bill of Rights in the First Congress

Few members of the First Congress wanted to make amending the new Constitution a priority. But James Madison, once the most vocal opponent of the Bill of Rights, introduced a list of amendments to the Constitution on June 8, 1789, and “hounded his colleagues relentlessly” to secure its passage. Madison had come to appreciate the importance voters attached to these protections, the role that enshrining them in the Constitution could have in educating people about their rights, and the chance that adding them might prevent its opponents from making more drastic changes to it.

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Ratifying the Bill of Rights

The House passed a joint resolution containing 17 amendments based on Madison’s proposal. The Senate changed the joint resolution to consist of 12 amendments. A joint House and Senate Conference Committee settled remaining disagreements in September. On October 2, 1789, President Washington sent copies of the 12 amendments adopted by Congress to the states. By December 15, 1791, three-fourths of the states had ratified 10 of these, now known as the “Bill of Rights.”

Who Wrote the Bill of Rights?

When posed with the question ‘Who Wrote the Bill of Rights?’ the answer may prove to be fairly ambiguous in its delivery; although historians vary with regard to their respective responses to this question, George Mason and James Madison are considered to be amongst the 2 primary candidates with regard to the authorship of the Bill of Rights.

Another common question is “who wrote the Constitution of the United States of America”, the answer is, many of the same authors are responsible for this document.

James Madison: Who Wrote the Bill of Rights?

James Madison – alongside James Madison – is credited with both the creation, as well as the conception of the Bill of Rights; as a result of his notice of the absence of a Constitutional Clause providing a system for both the amendment and adjustment of the original text, a clause was subsequently created rectifying these concerns – the actions of James Madison resulted in the proposal of the Bill of Rights in 1789, as well as its subsequent ratification in 1791.

who is the primary author of the bill of rights?
who is the primary author of the bill of rights?

George Mason: Who Wrote the Bill of Rights?

George Mason was a delegate from the state of Virginia, who is credited alongside James Madison with the passing – and subsequent creation – of the Bill of Rights; Mason is noted for his refusal to sign the Constitution. George Mason considered the fact that the Constitution lacked a clause that allowed for the passing of amendments, the addition of this clause would become the Bill of Rights.

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Who Wrote the Bill of Rights? – An Exploration

The Bill of rights not only outlined a framework for a legislative system, but also mandated an identifiable statute with regard to alterations, adjustments, and modifications to the original text; the following is an exploration of the first 10 Constitutional Amendments – also known as the bill of Rights:

1st Amendment

Date Proposed: September, 25th 1789

Date Ratified: December 15th, 1791

Contents of the Amendment: This Amendment affords citizens of the United States with the freedom of religion, the freedom of the press, the freedom of speech, and the right of assembly

2nd Amendment

Date Proposed: September, 25th 1789

Date Ratified: December 15th, 1791

Contents of the Amendment: The right to bear arms in a lawful manner with regard to self-protection; firearms covered under the 2nd Amendment do not address service within the Militia

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3rd Amendment

Date Proposed: September, 25th 1789

Date Ratified: December 15th, 1791

Contents of the Amendment: The 3rd Amendment prohibits unlawful entry with regard to the private resident(s) in possession of citizens of the United States of America; the 3rd Amendment is not typically applicable to times of war

 bill of rights
bill of rights

4th Amendment

Date Proposed: September, 25th 1789

Date Ratified: December 15th, 1791

Contents of the Amendment: The 4th Amendment prohibits the unlawful search and seizure of resident belonging to citizens of the United States of America; this amendment also defines the rights of privacy awarded to citizens of the United States

5th Amendment

Date Proposed: September, 25th 1789

Date Ratified: December 15th, 1791

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Contents of the Amendment: The 5th Amendment addresses the modern incarnation of the ‘Right to remain silent’; this Amendment also prevents the unlawful and unethical abuse of power undertaken by a governing body

6th Amendment

Date Proposed: September, 25th 1789

Date Ratified: December 15th, 1791

Contents of the Amendment: The 6th Amendment addresses legal procedure undertaken with regard to the prosecution – and investigation – of alleged criminal activity; this Amendment includes the right to a judicially-sound trial

7th Amendment

Date Proposed: September, 25th 1789

Date Ratified: December 15th, 1791

Contents of the Amendment: The 7th Amendment affords individuals undergoing judicial trials with the right to be tried in accordance with the presence of a jury; juries present within judicial trials are indicated to consist of an individual’s ‘peers’

8th Amendment

Date Proposed: September, 25th 1789

Date Ratified: December 15th, 1791

Contents of the Amendment: The 8th Amendment addresses legal criminal procedure; this Amendment prohibits punitive recourse classified as ‘cruel and unusual’ with regard to prosecution, as well as the prohibition of an excessive bail process

who is the primary author of the bill of rights?
who is the primary author of the bill of rights?

9th Amendment

Date Proposed: September, 25th 1789

Date Ratified: December 15th, 1791

Contents of the Amendment: The 9th Amendment serves as legislative protection with regard to corollary Amendments within the Bill of Rights; this Amendment disallows for the violation of civil liberties and unlawful expansion of governmental power

10th Amendment

Date Proposed: September, 25th 1789

Date Ratified: December 15th, 1791

Contents of the Amendment: The 10th Amendment addresses the apportionment process latent within administrative responsibilities; this Amendment expressed that any or all administrative powers that have not been claimed by Federal or State governments become the responsibility of the general populace

 

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