On December 15, 1791, the new United States of
America adopted the Bill of Rights, the first ten amendments to the U.S. Constitution confirming the fundamental rights of its citizens. The First Amendment guarantees freedom of religion, speech, and the press, and the rights of peaceful assembly and petition. Other amendments guarantee the rights of the people to form a "well-regulated militia," to keep and bear arms, the rights to private property, fair treatment for accused criminals, protection from unreasonable search and seizure, freedom from self-incrimination, a speedy and impartial jury trial, and representation by counsel.
The Bill of Rights draws influence and inspiration from the Magna Carta (1215), the English Bill of Rights (1689), and various later efforts in England and America to expand fundamental rights. George Mason's Virginia Declaration of Rights formed the basis of the amendments which comprise the bill.
Mason (1725-1792), a native of Fairfax County, Virginia, championed individual liberties throughout his life. In 1776, he drafted Virginia's state constitution, which incorporated his declaration asserting the doctrine of inalienable rights. As a one of the five most vocal members of the Constitutional Convention, Mason expressed great concern that assurances of individual liberties had not been incorporated into the Constitution, and, due to this concern and others, he elected not to sign the document. The Bill of Rights would answer Mason's greatest concern and the concerns of many ratifying states. As a representative in the First Federal Congress, James Madison ushered seventeen amendments to the Constitution through Congress. The Senate passed twelve. By December 15, 1791, three-fourths of the states had ratified the ten amendments which constitute the Bill of Rights.
The application of the rights enumerated in the first ten amendments to the Constitution frequently fosters contention. For instance, the constitutionality of campaign contribution limits currently inspires debate. The United States Supreme Court is entrusted with the power to void acts of Congress which it finds to be in conflict with the Constitution or specifically with the Bill of Rights when the constitutionality of the acts arises in litigation. Thus, the amendments are frequently reinterpreted in fresh contexts and changing times.
