Did you know that Massachusetts, Connecticut, and Georgia did not formally ratify the Bill of Rights until December 12, 1939?
December 15 marks the 229th anniversary of the adoption of the Bill of Rights. On December 15, 1791, Virginia became the tenth state to ratify our first 10 amendments.
This journey began with the House of Representatives passing 17 proposed amendments. These were sent to the Senate where 12 proposed amendments were passed. These 12 proposals were referred to the states where 10 amendments passed ratification.
The two amendments that were not ratified dealt with the number of members in the House of Representatives and what eventually became the 27th Amendment. (It’s a fascinating story, which I urge you to learn.)
The Anti-Federalists were a driving force behind the drafting of the Bill of Rights. They opposed a strong central government, as they feared it would become tyrannical. The Anti-Federalists also opposed the ratification of the Constitution as drafted. They wanted language that clearly listed the rights of the individual to protect them from violation of the federal government.
The Federalists feared that specific language regarding individual rights would imply that the federal government could violate other rights not listed. These are both valid arguments.
So, what did they do?
An agreement was reached between the two factions that the 1st Congress would take up a more specific listing of individual rights to be protected. The lack of specific, individual protections in the Constitution caused George Mason not to sign the Constitution.
In exchange for the agreement for the 1st Congress to take up these issues, Mason agreed to lobby the Virginia Assembly to support the Constitution. Mason, the Father of Article V, was skeptical that the 1st Congress would follow through.
In fact, Virginia filed the first application to hold an Article V convention of states meeting on November 20, 1788,. Mason’s message to Congress was clear: if Congress did not fulfill its part of the bargain, the states will take these matters up themselves. The 1st Congress then followed the agreement and the Bill of Rights were proposed.
Remember, the Declaration of Independence stated, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.”
The Bill of Rights named some of those other rights. It’s important to note that the Constitution does not grant any rights. The founding document states that the source of our natural rights is the Creator. The Framers placed the Creator at the top of the food chain, which means no man or woman can encroach upon those natural rights.
The framework of the Bill of Rights was taken from the Virginia Declaration of Rights drafted by George Mason and adopted by the Virginia Assembly in June 1776. Virginia had already made up its mind to separate from England.
So, when you read through the Bill of Rights’ 16 sections, you will see familiar language used in the Constitution as well. This is testament to the significant influence Colonel Mason had before, during, and after the 1787 Convention.
In the coming days, we’ll revisit each of the first 10 Amendments and the blessings they protect. Follow our Convention of States Missouri Facebook page for these daily updates.
Today, our constitutional protections are under assault, and we must understand their language, original intent, and purpose before we can adequately defend them. Please share these posts and leave comments. We’d love to hear from you.
In liberty,
Brett
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