The Constitution and the Adoption of the Bill of Rights: A Historical Overview

When the Founding Fathers drafted the United States Constitution in 1787, it faced substantial opposition from numerous states. One of the primary reasons for this opposition was the perceived lack of a Bill of Rights, which would protect individual liberties and limit governmental powers.

States Refusing to Ratify Due to a Bill of Rights

Several states initially refused to ratify the Constitution until a Bill of Rights was included. North Carolina and Rhode Island were the most notable among them.

North Carolina

After a contentious eleven-day debate, North Carolina became the tenth state to vote on the Constitution. Disagreements over the document persisted, but the decision was made to not ratify but to provide a detailed list of rights and suggested amendments. In November 1788, North Carolina held a ratifying convention. The proposed Constitution was rejected, but when a Bill of Rights was added to the agenda, a second convention in 1789 approved the Constitution.

Rhode Island

Rhode Island experienced a similar sequence of events. Initially, it rejected the idea of a ratifying convention. However, after a Bill of Rights was proposed and sent for ratification, Rhode Island held a second vote, which resulted in ratification in May 1790.

Role of the Bill of Rights

The Bill of Rights, formally known as the first ten amendments to the Constitution, was originally proposed by James Madison in response to state demands for a list of rights. Originally, the Bill of Rights included twelve amendments, but only ten were ultimately ratified.

Approval and Ratification

The first ten amendments were initially approved by the House of Representatives during its first session in 1789 and transmitted to the Senate. Since only eleven states were represented in the Senate at the time, North Carolina, Rhode Island, and the Provincetown Plantations were still independent republics that had not joined the federation established by the Constitution. Therefore, the amendments required the support of eight states to pass in the Senate, representing two-thirds of the states. Of the twelve amendments proposed, only ten were passed and submitted to the states for ratification. Empowering ratification by eleven states, the Bill of Rights was finally adopted on December 15, 1791.

Skepticism and Delay

Interestingly, Virginia was the eleventh and final state to ratify the amendments, completing the process and officially forming the Bill of Rights. However, three states—Massachusetts, Georgia, and Connecticut—did not ratify the Bill of Rights until 1939, despite having not rejected the amendments. Their approval became unnecessary, and the ratification campaign was effectively abandoned.

Modern Revisions and the 27th Amendment

After a long hiatus, the process of ratification was restarted in 1992. Gregory Watson, a college student, used his academic frustration to advocate for the ratification of the 27th Amendment, which had been proposed in 1789. On May 7, 1992, Michigan and New Jersey became the 38th and 39th states to ratify this amendment, making it the 27th Amendment to the Constitution. The 27th Amendment addresses pay raises for Congress and ensures that such raises do not take effect until after the next election.

Conclusion

The journey to include the Bill of Rights in the Constitution was a testament to the ongoing struggle for a more perfect union. It highlighted the importance of individual liberties and the checks on governmental power. The process of ratification shows how public opinion and constitutional amendments can evolve over time, but the core principles of the Bill of Rights remain vital to American democracy.