Did you know that Massachusetts, Connecticut and Georgia did not formally ratify the Bill of Rights until 1939?
That is crazy, right?
After the 10th state ratified the Bill of Rights in 1791, the first ten amendments became part of the Constitution. The three remaining original states were moved to act by the 150th anniversary of the ratification of the Constitution in 1937 and the upcoming 150th anniversary of the Bill of Rights in 1941.
December 15th marks the 232nd anniversary of the adoption of the Bill of Rights. On December 15th, 1791, Virginia became the 10th state to ratify our first ten 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 ten 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. (That is 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 the more specific language the Constitution contained regarding individual rights, they would leave some out and that could be interpreted as a right the federal government could violate. These are both valid arguments.
So, what to 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 first Congress would follow through. In fact, Virginia filed the first application to hold a convention of States meeting on November 20th, 1788. Mason’s message to Congress was clear. If you do not fulfill your part of the bargain, the States will take these matters up themselves. The first Congress 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.” Well, here are some of those other Rights. It’s important to note that the Constitution does not grant any Rights. The source of our Natural Rights is the Creator. The Framers placed the Creator at the top of the food chain. That means no man or woman can encroach upon those Rights.
The framework of the Bill of Rights was taken from the Virginia Declaration of Rights drafted by George Mason. This was adopted by the Virginia Assembly in June of 1776. Virginia had already made up its mind that they were separating from England. As you read through its 16 sections, you will see familiar language that was used in the Constitution as well. This is a testament to the significant influence Colonel Mason had before, during and after the 1787 Convention.
As we are witnessing, these Constitutional protections are under assault. These are merely words on paper unless We The People provide political muscle. We must understand their language, original intent and purpose before we can adequately defend them.
In liberty,
Brett
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