Did you know that freedom of speech, freedom of religion, and the right to bear arms were not in the original Constitution, drafted in Philadelphia in the summer of 1787? So where did they come from? Sherif Girgis, associate professor of law at the University of Notre Dame, has the answer.
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Script:
If you asked people to describe what is in the US Constitution, most would begin by citing freedom of speech, freedom of religion, and maybe the right to bear arms. But in fact, these are not part of the Constitution that came out of Philadelphia in September 1787. They are the first ten amendments to the Constitution. They are part of what is known as the Bill of Rights.
And why was this Bill of Rights necessary?
The answer is that many Americans thought the Constitution — a document dedicated to limiting federal power — didn’t limit that power enough. This was not a fringe opinion. People like Thomas Jefferson, James Monroe, Patrick Henry, and George Mason all shared this fear.
James Madison, one of the principal authors of the Constitution, disagreed. He argued that all the assurances the doubters wanted were already in the Constitution. They just needed to look a little more closely. But Madison, ever the pragmatist, came around — especially when it became clear that without these assurances, the Constitution would not be ratified.
So, Madison took it upon himself to draft the ten amendments.
The First Amendment is the most famous. It clearly sets out some of our most fundamental rights, the rights for which America has been universally admired.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble…
The Second Amendment protects the right of the people to possess firearms.
A well regulated Militia, being nece..
