bill of rights

during both the constitution convention and the state ratifying conventions,

one of the principal obections of “anti-fed” who opposed the constitution was that it lacked a bill of rights to protect the most important rights of citizens

BofR history

went back to the magna Carta and the English declaration or bill of rights in 1689

early state constitution written during the Revolution

typically included such declarations of rights

George Mason

wrote Virgina’s—ratified 5 days before the DOI—and Mason himself was one of the leading anti-fed who refused to sign the constitution b/c it lacked the BofR

In order to aviod a second constitutional convention

James Madison accepted the need for a BofR even though he initially objected (feds) that a BofR was unnecessary b/c it implied powers given to the fed gov that the constitution clearly didn’t give it—like a power to regulate speech

Madison obliged

leading the creation of the BofR—the first 10 amendments to the US constitution—was ratified by 1791

in fed 84

AH wrote: “BofR are in their origin, stipulations between kings and their subjects, abrindgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince. such was the magna carta, obtained by the Barons, swords in hand, from King John”d

debate in Mass over the Constitution was so contentious that

Federalist Francis Dana and anti-fed Elbridge Gerry got into a fistfight. to resolve the quandary, the heroes of the revolution and leading anti-fed Samuel Adam an John Handcock agreed to ratification on the condition that the convention also propose amendments. =Mass compromise

NY didn’t follow the Mass Compromise

NY convention was majority anti-fed and its leader, Melancton Smith, wrote the “NY circular letter” calling for a second convention. (by this point enough states had ratified that the constitution would go into effect reguardless) Smith hoped to use the Article V process to amend the constitution and thus wanted “conditional ratification”

John Jay and Alexlander Hamiliton altered the letter

to support uncondtitional ratification in exchange for an amendment process but only NY an V made the call for a second convention, as Madison wrote in the BofR partially in response to this action from the states

The HofR approved 17 proposed amendments, which were sent to the senate, who altered and consolidated them

congress passed 12 amendments, which were then sent to the states for ratification. only 10 were ratified=BofR but not called that b/c they believed them to be insufficient and felt that Madison ignored their calls for structural amendents which would limit the powers of then national gov