The Origins of the Bill of Rights B BACKGROUND ESSAY

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The American colonists were British These historic rights are still protected citizens, so they were angry when in America today. More than half the British government began to the amendments in the Bill of Rights take away their rights. Colonists were have roots in the Magna Carta. The forced to allow British soldiers to stay Magna Carta promised that freedom in their homes and to pay taxes to of the Church would be preserved. It a government that did not listen to also stated that the king had to hear them. The British government took petitions. The king agreed to remove their property, but they did not have foreign armies from England and not a vote in Parliament [the part of the to take land from people to pay the British government that makes laws] government’s bills. The king could not where tax laws were passed. The to take people’s lives or liberties without colonists used the phrase “taxation without representation” to describe this problem. The government took their weapons away. Colonists could not speak or gather freely and newspapers could not print freely, either. The government was ignoring what colonists thought of as natural rights. Even though the British were violating their rights, the colonists’ ideas about natural rights came from their British background.

What Is the Magna Carta? The ideas of natural rights were very old. In fact, much of American law came from traditional English rights. The Magna Carta is the oldest document in British and American history that describes these rights. Although it In 1215, King John of England signs the was written in 1215, the Magna Carta Magna Carta, acknowledging the “natural describes the rights it lists as “ancient” rights” of all Englishmen. [very old].

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE due process or repayment. He was their rule, William and Mary accepted not allowed to delay trials or to punish the Declaration of Rights and the people without hearing from witnesses. Toleration Act in 1689. The Declaration He also could not give unfair fines or of Rights gave Parliament freedom punishments. The Founders believed of speech and protected the right to that these rights were natural and that gather peacefully and to petition the all people had them. For this reason, government. It protected the right to these rights were later protected in keep weapons as well as liberty and the Bill of Rights of the United States property. In addition, the Declaration of Constitution. Rights protected the rights of criminals and people accused of crimes. The How Were Rights Protected Toleration Act allowed greater religious and Expanded? freedom for Protestants who did not Over time, Magna Carta rights and attend the official Church of England. freedoms became part of English common law. Englishmen wanted to What Was the Purpose of protect these rights when the king Government? tried to take them away. After King Just after the Declaration of Rights, Charles I tried to take away peoples’ John Locke, an English philosopher who rights and rule as a dictator, Parliament wrote about natural rights and society, gave him a list of complaints. This list wrote Two Treatises of Civil Government is now called the Petition of Right. The (1690). Locke said that men are naturally Petition of Right made sure that the free and equal and that they own both king also had to obey laws. Charles’s themselves and their property. He said abuses of the law included violating that people form communities “for their due process, unjustly taking property comfortable, safe, peaceable living” or imprisoning people, denying the and in order to protect their rights. right to trial by fellow Englishmen, and Locke believed that a government’s giving unjust punishments and fines. purpose was to uphold natural rights Although Charles first agreed to obey protecting life, liberty, and property. the law, he soon broke his promise. He If a government does not protect its was put to death in 1649. The rights people, then the people have a right to Parliament wanted to defend in the get rid of their government. Petition of Right were later protected by The colonists agreed. When the the Constitution’s Bill of Rights. British ignored English laws in the Prince William of Orange and his American colonies, the colonists had a wife Mary were invited to the throne by tradition demanding that those laws be Parliament in 1688. As a condition of followed.

What Did the Colonial Experience in English courts, rather than colonial Teach the Founders? courts, and were imprisoned without When the first British colonists came trial. The colonists protested these acts to America, they brought their rights and eventually decided to fight back. as Englishmen with them. The colony The colonists later addressed these of Massachusetts adopted the “Body issues in the United States Bill of Rights. of Liberties” in 1641. The document protected free speech and petition, just How Did History Repeat Itself? payment for property taken for public The colonists had the right to get rid use, protection from double jeopardy, of a government that was not protecting right to trial by jury, the right to have their rights. Americans realized they a lawyer, and protection from cruel needed self-government and issued punishments and excessive bail. All of the Declaration of Independence. these rights were later protected by the While Locke had listed life, liberty, and Bill of Rights. property as natural rights, Thomas Between 1763 and 1776, the British Jefferson, a Founding Father from government began to limit freedoms, Virginia and author of the Declaration especially relating to taxation without of Independence, listed “life, liberty, representation. Colonists were forced and the pursuit of happiness.” The to give British troops shelter. The rights Declaration of Independence went on to free speech, press, and assembly, to list ways the British had violated the as well as the colonists’ weapons rights of Englishmen. and protections of property were all The former colonists then had to taken away. Colonists also stood trial begin creating their own government.

Preserving the Bill of Rights © THE BILL OF RIGHTS INSTITUTE The states all wrote new constitutions. Why Add a Bill of Rights? Seven states included a Declaration of Some Americans thought that Rights. The most important of these the Constitution made the central was the Virginia Declaration of Rights. government too strong. They believed Written by Virginia statesman George that a separate listing of rights was Mason, the Virginia Declaration of needed to protect individual rights Rights protected the free press, free and states’ powers. The Bill of Rights exercise of religion, the right to keep was a compromise between those who weapons, property rights, and rights wanted a stronger central government of criminals and the accused. James and those who wanted to protect Madison, a leading Founding Father individual rights and states’ freedom at the Constitutional Convention who to make their own decisions. The new is now known as the “Father of the Constitution was ratified in 1788 and Constitution,” later used it as a model in 1791 amended to include the first when he wrote the United States Bill of ten amendments, now called the Bill of Rights. Rights. The states united under the Articles The Founders had a tradition of of Confederation from March 1781 to rights that they valued. They created June 1788. Some believed that the the American system of government Articles did not give enough power carefully to make sure that future to America’s national government, generations would enjoy all the however. As a result, the Founders “blessings of liberty.” In the end, the replaced the Articles of Confederation government is not in charge of the with the Constitution of the United people; the people are in charge of the States of America. government.

Comprehension Questions 1. Name three rights protected by the Declaration of Rights and the Toleration Act. 2. What happened to King Charles I after he violated the rights of Englishmen? 3. According to John Locke, why should government’s main purpose be to protect the rights of individuals? 4. Name three ways in which the British violated the traditional rights of Englishmen in their North American colonies. 5. Before writing the Constitution, the Founding Fathers wrote another document to unite the colonies. What was that document?