Understanding the Bill of Rights
These Ten Amendments are the Cornerstone of the Constitution
The Bill of Rights is comprised of the first ten amendments to the Constitution that set forth the individual rights and responsibilities designed to protect citizens from their own government. In less than 500 words, James Madison set in motion debates, arguments and discussions that still galvanize Americans today. And no civic education would be complete with a thorough grasp of those words.
The Bill of Rights Lite
The best way to understand the Bill of Rights is to deconstruct it, amendment by amendment, in simple, direct words that students can understand. Here’s a quick run-down of each:
1. Congress can’t make any laws establishing a religion, prohibiting its free exercise, abridging the freedom of speech or press, denying people the right to peacefully assemble or to petition the government.
2.Because a Militia is considered important to the protection of the states, people have “the right to keep and bear arms” (have guns)
3. Soldiers can’t take up residence in citizen's homes without their consent.
4. People have the right to privacy – personally and in their homes, and are protected against unreasonable searches and seizures.
5.People cannot be forced to testify against themselves in criminal trials, nor be deprived of life, liberty or property without due process of law, and property can’t be taken for public use without compensation.
6. Everyone facing a criminal prosecution has the right to a speedy and public trial by an impartial jury, and the right to know what charges are being leveled.
7. Everyone facing a civil trial has the right to a jury of peers.
8. Excessive bail or fines cannot be imposed, nor can cruel and unusual punishments be inflicted.
9. The rights not spelled out in the first eight amendments belong to the people.
10. Something of a reiteration of the ninth amendment, plus acknowledgement of states’ powers
Why the Bill of Rights is Important
Without the Bill of Rights, there would be no US Constitution. Delegates, in 1787, were concerned that there were no safeguards against government over-reaching. The public issued a demand for such protection, especially Anti-Federalists, who opposed a constitution for several reasons, including concerns that it gave too much power to the national government at the expense of the state governments.
Massachusetts, South Carolina, New Hampshire, Virginia, and New York included demands for a bill of rights in their individual ratifying documents. Federalists felt the Constitution contained sufficient protection of citizen’s rights. Although both sides were passionate in their views, it soon became clear that approval of the Constitution hinged on the inclusion of a Bill of Rights.
No less than Thomas Jefferson agreed, writing, “A bill of rights is what the people are entitled to against every government on earth…and what no just government should refuse.” (December 1787 letter to James Madison)
While James Madison originally didn’t see a need for a bill of rights, Jefferson’s concerns convinced him of their value and, ultimately, he penned the first ten amendments. It is because of the Bill of Rights that the United States government can’t tell citizens what to believe, what to say, what religion to practice or dictate with whom people can associate. The Bill of Rights is uniquely American.
The Importance of Understanding the Bill of Rights
“Liberty has never come from the government,” Woodrow Wilson said. "Liberty has always come from the subjects of it. The history of liberty is a history of resistance.” (Speech to the New York Press Club, 9 September 1912 in Papers of Woodrow Wilson)
Citizens cannot maintain the freedoms they value and from which they individually and socially benefit without being informed about them, and proactive in preserving them. Children especially, can benefit from learning to understand the Constitution and the Bill of Rights at an early age, so that they’re intimately familiar with the rights they enjoy and the reasons they can enjoy them.
Teach the Children Well
There are several good resources for helping children (and adults!) better understand the Bill of Rights. One of the best is a succinct little book called A Kids' Guide to the American Bill of Rights, by Kathleen Krull (HarperCollins, 1999). A highly readable book, it clearly and cleanly lays out each amendment in a relevant manner that kids will appreciate.
Ben's Guide to US Government for Kids is an excellent online resource developed by the US Government Printing Office. It features lesson plans and resources for understanding everything from citizenship to the election process.
To fully appreciate the US Constitution, it’s important to fully appreciate the Bill of Rights. Without those first ten amendments, the United States of America would not exist as it does today. The 462 words in the Bill of Rights set forth individual freedoms to gather, speak out, enjoy freedom of the press and religion, be safe from martial law, and to be guaranteed a jury of our peers and a fair trial when needed.
Only by knowing our rights, can they be preserved.
