The Bill of Rights

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The Bill of Rights
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Rights and Responsibilities

• The meaning behind rights and responsibilities
• Americans understanding of the Bill of Rights
• What does it all mean?

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Rights and Responsibilities

• Rights and their responsibilities are inseparable
• The Framers drew from the past to build for the
  future
• Roman Republic
• Enlightenment philosophy
• English law
• American colonial history
• The rights granted evolved over time

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The Roman Republic

• The Roman Republics influence on the Bill of
  Rights

• Roman law based on laws of nature
• Laws established equality and justice
• Limited the power of the state
• Created laws that protected property, contracts,
  and promoted equality
• Stressed the responsibility of civic virtue

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Influences from English Law
Magna Carta (1215)

• Defined the power of the monarchy
• Protected barons rights to property, trial by
  their peers, and taxation only by consent

Glorious Revolution (1689)

• Placed Parliament above the monarchy
• Gave Parliament freedom of speech
• No quartering of troops in peoples homes
• No punishment without cause

The Magna Carta
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Enlightenment Philosophy

• Humanists promoted the dignity of the individual
  and identified the rights of man

• Voltaire advocated freedom of speech, religion,
  and the right to a fair trial
• Locke spoke of the right to life, liberty, and
  property
• Government should protect these rights

Locke
Voltaire
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Colonial American Experiences

• Experiences before and during the American
  Revolution

• English rights to life, liberty, and property
  brought to the American Colonies
• Most Americans had more equality than the British
• Plentiful land and economic opportunities

The Pilgrims landing
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Colonial American Experiences Rights
Experiences before and during the American
Revolution

• Massachusetts Body of Liberties (1641) reflected
  broadening of rights granted to citizens
• Rights not extended to majority of colonial
  population (women, slaves)

Seal of Massachusetts Bay Colony
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Why a Bill of Rights?

• Initially, the Constitution had no bill of rights
• Federalists agreed to include a bill of rights in
  order to gain ratification
• Drafted and approved by the first Congress in
  1789
• Approved by the states in 1791 through the
  amendment process

James Madison
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Discussion Questions

• What was the Roman concept of civic virtue and
  the common welfare?
• What were some of the rights granted by English
  law that are found in the U.S. Bill of Rights?
• How did Enlightenment-era humanists view the
  rights of man and the purpose of government?
• How were the rights of Englishmen different for
  Americans in the 13 colonies?
• Were these rights given to all Americans? Why or
  why not?
• Why was the Bill of Rights not included in the
  original Constitution, and only added later?